senior citizens and disabled protected tenancy act
Every resident of a boarding home shall have the right: a) to manage his or her own financial affairs; b) to wear his or her own clothing and in the style he or she prefers; c) to style his or her hair according to his or her preference; d) to keep and use personal property in his or her room, except where the boarding house can show that this would be unsafe, impractical or interfere with the rights of others; f) to unaccompanied use of a telephone at a reasonable hour and to a private phone at the residents expense; h) to hire his or her own personal doctor at his or her expense; i) to privacy concerning his or her medical condition or treatment; j) to unrestricted personal visitation with any person of his or her choice, at any reasonable hour; k) to make contacts with the community and to achieve the highest level of independence and interaction with the community of which he or she is capable; l) to present complaints on behalf of him or herself or others to government agencies or other persons without threat of reprisal in any form or manner whatsoever; m) to a safe and decent living environment and care that recognizes the dignity and individuality of the resident; n) to refuse to work for the boarding facility, except as contracted for by the resident and the operator; o) to practice his or her religion or to abstain from religious practice; and. Failure to report changes can result in Social Security making an overpayment to you. 33. -X,L!2 W While there are several forms of home equity conversions, the most common are sale-leaseback and reverse mortgage. Subchapter 2 - SENIOR CITIZENS AND DISABLED PROTECTED TENANCY; Subchapter 2 - SENIOR CITIZENS AND DISABLED PROTECTED TENANCY . Title II of the ADA prohibits discrimination on the basis of disability in all programs, services, and activities provided or made available by public entities (state and local governments and special purpose districts). k; WlwGQY0Gh~wwKxbN@}1>_/ Elderly residents of nursing homes, residential healthcare facilities, boarding homes or any other such state-regulated facility offering health or health-related services to the institutionalized elderly, who experience abuse or exploitation from care providers, family members or strangers, should report these incidents to the Office of the Ombudsman for the Institutionalized Elderly at 1-877-582-6995. Currently, rent control is left up to municipalities. Assets that are not governed by your will are known as non-probate property. Each individual has the right to refuse medical treatment if that individual has the information necessary to make that decision. Assisted living means a coordinated array of supportive personal and health services, available 24 hours per day, which promote resident self-direction and participation in decisions that emphasize independence, individuality, privacy, dignity and homelike surroundings to residents who have been assessed to need these services, including residents who require formal long-term care. The need for a will or the appropriate time to change a will involves legal questions that should be resolved after discussing the situation with your attorney. You can also ask the Social Security Administration to withhold a smaller amount from each check rather than to have an entire check stopped. Many types of government pensions are also exempt. d. On or after the effective date of the "Senior Citizens and Disabled Protected Tenancy Act," P.L. Do all of my assets pass under my will? To qualify for SSI, you must be at least 65 years old, blind, or disabled. 92. Who is defined as a vulnerable adult? We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. What is the JACC program (Jersey Assistance for Community Caregiving)? Ask for a detailed month-by-month accounting of how and why the over-payment was figured. Tenants living in select municipalities within Nassau County and Westchester County may call DHCR at (914) 948-4434 to obtain an application and inquire about their municipalitys income and eligibility levels. Finally, the rules of the Social Security program may affect your decision regarding when you should retire. Most creditors will cooperate because it is usually quicker than going through the court process. 0000002205 00000 n If you are under age 65 and receiving Social Security retirement benefits, you must report your earnings annually before April 15 on special forms that can be obtained from your local Social Security office. (A resident can always leave the facility for overnight visits or discharge him or herself). The Bar's referral service also offers a special program of legal services for low-income senior citizens in some areas. Your physician may also issue a do not resuscitate order based on your advance directive. If you have been . The money deposited and the interest it accumulates will not be counted as an asset by either Medicaid or SSI. ?J. The relationship between the child and the grandparent; b. 132 0 obj <> endobj The Senior Citizen and Disabled Protected Tenancy Act of 1981 as amended protects senior citizens and the disabled from eviction because of a conversion of property to condominiums or co-ops when the household income is no higher than three times the per capita income in the county in which they live or $50,000, whichever is greater; and when the individual is more than 62 years old or is the surviving spouse of a senior citizen who has used the unit as a principal residence for one year and who is at least 50 years of age. The complaint to the ombudsman can be made anonymously or, if you give your name, it can be kept confidential if you so request. Where a court declines to grant a protected tenancy status, it shall nevertheless order such hardships stays as authorized by subsections a. and b. of this section until comparable relocation housing is provided. * applicants must receive counseling from a HUD certified counseling agency that is separate from the lender. An employer or other person may not take discriminatory or retaliatory action against an individual who makes such a report. SSI is intended to assist persons in financial need. This is really apparent with some private pension plans, where benefit amounts are based on the income earned in the three or five years just prior to retirement rather than on average compensation throughout a career. An example would be the misuse of a persons money or possessions. Under this law, a grandparent of a child residing in New Jersey may make application in superior court for an order of visitation. endstream endobj 136 0 obj <>stream Through NJ EASE access points, consumers can learn about community programs providing information and assistance, outreach, care management, transportation, senior centers, volunteer opportunities, health promotion, nutrition programs, education, health insurance counseling, adult protective services, and senior employment. Both were introduced last week by Hudson County Democrats Sens. 9. Tenants living in Nassau County and Westchester County may call DHCR at (914) 948-4434 to obtain an application and to inquire about their municipality'sincome and eligibility levels. OBRA-93 (Omnibus Budget Reconciliation Act of 1993), which is federal legislation effective October 1, 1993, made significant changes to Medicaid. Status changes include hospitalization, death of spouse, change in living arrangements, and additions to resources or income. You can explore additional available newsletters here. Comparable housing; offer of rental; stay of eviction; alternative compensation; senior citizens and disabled protected tenancy period. 6. These lawyers help persons over 60 on a low or fixed income by providing the initial 30-minute consultation free of charge. The money received from the lender is not counted as income for purposes of eligibility for public benefits, such as Medicaid, food stamps or SSI. Both the federal and state laws provide the procedures to be followed in reporting and seeking redress for discrimination based upon age. Even if you get a shut-off notice, you may ask the utility company to keep your heat on between November 15 and March 15 if you get SSI, PAAD, HEAP, Lifeline Credit Program, or welfare or if you cannot pay your bills because of circumstances beyond your control, such as the recent death of your spouse, high medical bills, or unemployment. Disabled persons may also apply to have their rent frozen under the D.R.I.E program. Is it legal to discriminate against a person because of his or her age? 71. Supplemental Security Income (SSI) is a federal program under the Social Security Act. Eligible Senior Citizens with a fixed income may qualify to have their rent frozen under the S.C.R.I.E program. agreement with the United States, you may receive wage credits for Social Security benefits. There are various other exceptions to the protection provided by the ADEA. The operator of a boarding house must make sure that a written notice of the rights of boarding home residents is given to every resident upon admittance to the boarding home and to each tenant already living there. Do not ignore legal papers. Medically Needy does not have all of the coverage available through Medicaid Only. The state adds a supplemental benefit, and both are included in the monthly SSI check that recipients receive. A durable power of attorney for medical care, also called a proxy directive, is a document in which you designate someone trustworthy to make those health decisions for you should you become unable to make them yourself. You can also withdraw the money if you change your mind or need it for something else. In this manner, a non-probate asset such as insurance will pass as part of the overall estate plan. 29. If this happens and Social Security does not increase the amount of your check as soon as it occurs, it would owe you all benefits that should have been paid. There are differences, however, between the federal and state laws. c. Destruction, damage or injury to premises willfully or through gross negligence (legal action may begin three days after written notice). Transfer of assets made within 36 months of application for Medicaid are penalized. Peter Chen of progressive think tank New Jersey Policy Perspective supports the bills but said lawmakers are nibbling at the edges of a much bigger problem that tenants have seen substantial rent increases over the last two years in New Jersey and the rest of the nation. The booklet is no longer available for sale through this Department. Contact the Social Security office immediately and return the extra check. Continued disorderly conduct after written notice to cease (legal action may be started three days after a second written notice). 2A:18-61.11. What is a summary of grandparents rights in the state of New Jersey? Condominium and Cooperative Conversion Law, Condominium, Fee Simple & Cooperative Conversion, and Mobile Home Park Retirement Regulations, Rights of Tenants, pre-Conversion Bulletin, Rights of Tenants, post-Conversion Bulletin, Actions for Unlawful Entry or Detainer Law, Eviction Relocation Assistance Regulations, Guidance regarding disability accommodations, Mobile Home Park Leasehold Communities Law, Public Utilities, Discontinuance of Services Bulletin, Disposal of Abandoned Personal Property Law, Bureau of Rooming and Boarding House Standards, Bureau of State and Local Code Inspections. The lawyers fee will be set by the Social Security Administration and will be paid directly from the amount awarded. You are eligible for the Lifeline benefit if you are a recipient of PAAD. With the advice of an attorney, you can limit the amount your spouse inherits and also restrict such inheritance to certain assets. A will is a document, executed in accordance with state law, which directs how some or all of your property is distributed at your death. The divorce or separation of the parents of the grandchild; c. The death of both parents of the grandchild; or. Your advance directive will be used when your attending physician determines you lack the capacity to make a medical decision and a second doctor confirms that opinion. If you are overpaid, Social Security will take action to recover any benefits not due you. Street Address: 185 W. State St. Trenton, NJ 08608 Mailing Address: P.O. If Medicare refuses to pay for something, you have the right to appeal the decision. The law allows Social Security, in certain cases, to give up its right to collect an overpayment. The patient is responsible for the 20 percent that Medicare does not pay. 2A:18-61.10. (Real Property Law 235-f.) Senior Citizen Rent Increase Exemption (SCRIE) Senior citizens living in New York City and in certain other areas of the state may be exempt This program helps eligible New Jersey residents pay for most prescription drugs, testing materials and supplies. What is PAAD (Pharmaceutical Assistance to the Aged and Disabled)? A judgment may impair your real estate until you sell your property; at that time, the judgment plus interest will have to be paid or a title company will not insure that the title to your real estate is good. New Jersey is already a high-cost state, and as were seeing larger chunks of family incomes go toward housing costs, this is going to potentially be an issue that New Jersey will have to address over the next few years, he said. Association Regulation Initiative h) To provide opportunities for the assisted living facilities and programs to become a valuable community resource. The trustee or fiduciary must adhere to high standards of responsibility so that the danger that your funds may be misappropriated is minimized. N.J.S.A. The amount due is called an underpayment. Senior citizens and disabled Protected Tenancy Act--applies to conversion of mobile ohme parks: lg.NJSA: 2A:18-61.24: en_US: lg.njlhid: L1981c445: en_US: The decisions involved in providing care to an elderly loved one can be confusing and overwhelming. How am I protected by the laws that prohibits against age discrimination? To help solve these problems (even if you make it a general power of attorney which says your agent can do everything you would do if you were able to) your lawyer should list specific duties of your agent. 0000057206 00000 n 88. If a nursing home is Medicaid-certified, the facility cannot evict a resident because he or she becomes eligible for Medicaid. Seniors and their families can also obtain information about in-home services such as friendly visiting, telephone reassurance, chore services, home health care and home-delivered meals. Part A Medicare is primarily hospital insurance. Even then, there are notice requirements and the nursing home must find an appropriate facility to which you can go before the eviction can proceed. Unless otherwise directed or authorized by the Department of Community Affairs, an operator who wishes to evict a resident must follow the same procedures and substantive laws that govern the eviction of other tenants under the Just Cause for Eviction Act. Transfer penalties can be avoided by returning all of the assets that were transferred. 30. Nonetheless, the above law must be interpreted in conjunction with recent federal and state case law. What constitutes the exploitation of a senior? Within 60 days after the mailing of the bill, you must notify the creditor, in writing, of your name and account number, the suspected error, why you believe the bill is wrong, and the suspected amount of the error or the item you want explained. Your future checks will be made out in the name of your representative payee for your benefit, e.g., Mary Smith for John Smith. Medically Needy does not cover Medicare. b. Residents of residential health care facilities (RHCFs) licensed by the New Jersey Department of Health are not protected by the Just Cause for Eviction Act. When will a criminal report be issued? When a landlord/sponsor intends to convert a rental property to a condominium or cooperative, the Township Clerk must be notified of the intention. It is almost impossible to identify all of the signs of discrimination. a. We strive to hold powerful people accountable and explain how their actions affect New Jerseyans from Montague to Cape May. How will retirement affect my benefits? If you or a spouse have to enter a nursing home to receive custodial type care, your assets (other than your residence and various personal items which may be exempt under certain circumstances) are worth less than $2,000, and the income of the person entering the home (including Social Security) is no more than $1,737 per month for 2005, then you may be eligible for this government program, which can pay for substantially all of the cost of the nursing home. For free copies of advance directive forms, contact the New Jersey Division on Aging, CN 807, Trenton, NJ 08625 or call the New Jersey Division of Senior Affairs Information, Referral and Assistance Service at 1-877-222-3737. As housing advocates fear the coronavirus pandemic has put more tenants in danger of eviction, lawmakers are looking for new ways to protect tenants. When a hospitalization occurs, the patient is required to pay a deductible of $912. If you fail to make your loan payments, a secured creditor is entitled to satisfy the debt by repossessing the item you purchased or promised as collateral if it is personal property, and to file a foreclosure action in court if it is real estate. No, federal and state law prevents creditors from attaching Social Security benefits and state old-age payments. Not all renters, particularly in single- or two-family units, are on file with their municipality or even have official lease agreements, he said. To regain payments, Social Security may get the person who was overpaid to agree to an immediate repayment or a repayment schedule; or deduct the amount of the overpayment from future payments; or go to court to recover the amount of the overpayment, plus court costs and fees. In addition, special will provisions are required in the event a beneficiary under your will is disabled, such as a physical disability or a mental illness. Stack and Cunningham did not respond to requests for comment. For example, if you desire a trust for your spouse under your will, consideration should be given to designating the trustee of this trust as beneficiary of your insurance policies. Usually determination is made on the basis of a doctors note. The federal government runs the program and pays most of the benefits. Can a creditor garnish or seize my Social Security benefits? On the other hand, it is not unlawful for an employer to take action with regard to any employee for good cause, where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or where the grounds for taking any action are based on reasonable factors other than age, and such factors are not a subterfuge to avoid the law against age discrimination. At the reconsideration stage, you can contest the claim that you were overpaid. Although Social Security office workers may claim you are ineligible, they may not prevent you from filing an application. Some of the more common grounds for eviction are the following: a. Even if you dont plan to retire at your full retirement age, it is important for you to contact Social Security two or three months before you or your spouse reach your full retirement age to arrange for your Medicare health insurance protection. Although the law does not require that advance directives be drawn and executed by attorneys, as does New Jersey law regarding wills, it is, nevertheless, prudent to consult an attorney for those important decisions so that there will be no question or doubt about your document when it is needed. Remember, all power of attorney instruments can be revoked only in writing by you, or when they terminate under their own terms. b) the good faith complaint of a resident or a person acting on his or her behalf to a government agency concerning the owner, operator or employees alleged violation of any health or safety law, or other law regulating rooming houses or boarding houses. Although SSI payments and Social Security benefits are both made by the same Social Security offices, the two programs are different. (If you are on Section 8, the landlord may not collect more security than your share of the rent, or $50, whichever is more.) Typically, the loan does not have to be repaid until the homeowner moves, sells, or dies. People preparing for Medicaid or SSI eligibility can also set up a funeral fund. 62. How is elder abuse a problem in the United States? If the landlord fails to comply with those obligations, he or she may be liable to double damages, court costs and attorney fees. 5:24-3.1 et seq. SSI does not require anyone to pay into the program in order to be eligible for benefits. DEIJ Policy | Ethics Policy | Privacy Policy. If a trust arrangement is part of your will, a trustee is to be designated to manage and distribute the trust funds. Most legal complaints have to be answered within 20 days of receipt in order for you to protect your rights to be heard in court and to assert any defenses you may have. `f D$44&Fa ?c v For additional information, see Fact Sheet #20 and Fact Sheet #21. Upon your death, any power of attorney you have signed terminates, and your will becomes operative. Protected Tenancy income limits, as well as explanatory material, pursuant to both the Senior Citizen and Disabled Protected Tenancy Act and the Tenant Protection Act of 1992, are also available below. All persons interested in choosing someone to manage their financial and personal affairs in the event they become incapacitated should consider executing a durable power of attorney. What happens, however, if a person does not have the capacity to make a decision or give informed consent to medical treatment because he or she is incompetent or comatose? Yes, more than 75 percent of eligible New Jersey-ites have their Social Security checks deposited directly into their bank accounts. 3. What should I do if my landlord fails to supply heat? You're all set! After 60 days in the hospital, the patient is required to pay $228 per day toward expenses. 20. The benefits are not prorated for the month you die. 91. 56. The third stage involves a review by the appeals council that must be filed within 60 days of the decision by the administrative law judge. Some FHA lenders do not participate, but you can call local FHA lenders or the housing specialist at the New Jersey Division on Aging in Trenton to find a participating lender. You should contact your county board of social services to determine whether or not you are eligible for any of the Medicaid programs. 15. If you have provided so in your advance directive, life sustaining treatment will be withdrawn only if you are permanently unconscious and your condition is terminal. To be eligible for Medicare, one must have paid into the Social Security system while he or she was employed for at least 40 quarters and be 65 years of age or must have been receiving Social Security Disability Insurance for 24 months. The statute includes additional prohibitions against discrimination on the basis of age by employment agencies and labor organizations. 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