N.J. Stat. Ann. § 55:13B-1 et seq. § 55:13B-5
Regulations; distinctions among types; waiver, modification or postponement of application
Operative Text
a. In promulgating any regulations pursuant to the provisions of this act , the commissioner may make distinctions among types of rooming and boarding houses according to the age, size, type of construction or nature of ownership of the facility and the type of services offered or limitations on occupancy therein. b. Upon application of an owner, the commissioner may waive, modify or postpone the application of a regulation to the owner's facility, provided, however, that no such waiver, modification or postponement shall be granted unless the commissioner shall find that (1) Strict compliance with a regulation would result in undue hardship for residents of the facility, and (2) If granted, it would not unreasonably jeopardize the welfare of residents or of the public at large. L.1979, c.496, s.5.
Under N.J.S.A. 55:13B-1 et seq. § 55:13B-5, New Jersey's commissioner responsible for rooming and boarding house oversight has authority to tailor regulations based on characteristics such as a facility's age, size, construction type, ownership structure, and the services it provides. The provision also establishes a formal waiver process: an owner may request that a regulation be waived, modified, or postponed, but only if the commissioner finds that strict compliance would create undue hardship for residents and that granting relief would not unreasonably endanger residents or the general public. Both conditions must be satisfied before any waiver or modification is approved.
Plain English — not legal advice.
Owners of rooming and boarding houses subject to N.J.S.A. 55:13B-1 et seq. § 55:13B-5 should be aware that regulations may already be differentiated based on their facility's specific characteristics, such as age, size, or type of services offered. If a particular regulation poses a genuine compliance challenge, the statute provides a formal application process through which an owner may seek a waiver, modification, or postponement from the commissioner. Operators who pursue this path generally document how strict compliance would create undue hardship for residents and demonstrate that granting relief would not compromise resident or public welfare.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.S.A. 55:13B-1 et seq. § 55:13B-5 governs how regulations applying to rooming and boarding houses can be adjusted or waived, and it places resident welfare at the center of that process — a waiver cannot be granted if it would unreasonably jeopardize the welfare of residents. Tenants living in a facility where a regulatory waiver has been sought or granted may have an interest in understanding whether the two required findings were properly made. Those with concerns about how a waiver affects their living conditions may consider contacting a tenant-rights organization or the commissioner's office for information about how the provision was applied.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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