New Jersey A 4103: Prohibits emergency homeless shelters from conditioning provision of shelter on enrollment in certain programs.

Bill Text

ASSEMBLY, No. 4103

STATE OF NEW JERSEY
220th LEGISLATURE

INTRODUCED JUNE 2, 2022

Sponsored by:
Assemblywoman YVONNE LOPEZ
District 19 (Middlesex)
Assemblywoman ANGELICA M. JIMENEZ
District 32 (Bergen and Hudson)

SYNOPSIS
Prohibits emergency homeless shelters from conditioning provision of
shelter on enrollment in certain programs.

CURRENT VERSION OF TEXT
As introduced.

A4103 LOPEZ, JIMENEZ
2

EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.

AN ACT concerning emergency shelters for the homeless and 1
amending P.L.2013, c.204. 2
3
BE IT ENACTED by the Senate and General Assembly of the State 4
of New Jersey: 5
6
1. Section 2 of P.L.2013, c.204 (C.55:13C-2.2) is amended to 7
read as follows: 8
2. a. Except as provided in subsection b. of this section, an 9
emergency shelter for the homeless shall not refuse to provide 10
shelter, or food and shelter, for a minimum of 72 hours, to an 11
individual or family seeking these services, unless the shelter is at 12
its licensed capacity or the basis for refusal is otherwise authorized 13
by law or regulation. 14
b. In the event of an emergency condition, an emergency 15
shelter for the homeless, which has been authorized by a public 16
officer of a municipality or the Department of Community Affairs 17
to provide shelter, or food and shelter, to a specified number of 18
individuals in excess of its licensed capacity because of emergency 19
conditions, shall not refuse to provide shelter, or food and shelter, 20
for a minimum of 24 hours from the commencement of the 21
emergency condition or for the duration of the emergency 22
condition, whichever is longer, to an individual or family seeking 23
these services, unless the shelter is at its licensed capacity plus any 24
authorized excess capacity or the basis for refusal is otherwise 25
authorized by law or regulation. 26
c. (1) Except as provided in paragraph (3) of this subsection, 27
an emergency shelter for the homeless shall not require an 28
individual seeking shelter to be enrolled in a local, State, federal, or 29
private assistance program, or to be receiving any other services or 30
benefits as a condition of receiving shelter for a minimum of 72 31
hours, in accordance with subsection a. of this section. 32
(2) Following the initial 72 hours, an emergency shelter for the 33
homeless may require an individual to commence the application 34
process for programs, assistance, or other services or benefits, as a 35
condition of continued provision of shelter. An individual in 36
compliance with this requirement shall be provided with shelter for 37
a period of no less than 90 days. 38
(3) Nothing in paragraphs (1) and (2) of this subsection shall 39
require an emergency shelter for the homeless to exceed its licensed 40
capacity, plus any authorized excess capacity, or prohibit an 41
emergency shelter for the homeless from refusing to provide shelter 42
if the refusal is otherwise authorized by law or regulation. 43
(cf: P.L.2013, c.204, s.2) 44
45
2. This act shall take effect immediately. 46

A4103 LOPEZ, JIMENEZ
3

STATEMENT 1
2
This bill prohibits emergency shelters for the homeless from 3
conditioning the provision of shelter on a person’s enrollment in 4
certain programs. 5
Under the provision of the bill, an emergency shelter for the 6
homeless is required to provide shelter to a person for a minimum 7
of 72 hours, regardless of whether the person is enrolled in a local, 8
State, federal, or private assistance program, or is receiving any 9
other services or benefits. 10
The bill provides that following the initial 72 hours, an 11
emergency homeless shelter may require an individual to apply for 12
programs, assistance, or other services or benefits, as a condition of 13
continued provision of shelter. An individual in compliance with 14
this requirement would have to be provided with shelter for a period 15
of no less than 90 days. 16
The bill further provides that an emergency homeless shelter is 17
not required to exceed its licensed capacity, plus any authorized 18
excess capacity, in order to comply with these requirements. 19
Further, the bill does not prohibit a shelter from refusing to provide 20
shelter if the refusal is otherwise authorized by law or regulation. 21