New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES
Subchapter 3 - APPLICATION FOR CERTIFICATION
Section 5:19-3.1 - Contents of application for certification
Universal Citation: NJ Admin Code 5:19-3.1
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The application for certification shall contain the following documents and information:
1. An irrevocable appointment of
the Department to receive service of any lawful process in any noncriminal
proceeding arising under the Act against the provider or his agents;
2. The States or other jurisdictions,
including the Federal Government, in which an application for certification or
similar documents for the subject facility have been or will be filed and any
order, judgment or decree entered in connection therewith by the regulatory
authorities in each of the jurisdictions or by any court or administrative body
thereof;
3. The names and business
addresses of the officers, directors, trustees, managing or general partners
and any person having a 10 percent or greater equity or beneficial interest in
the provider and a description of that person's interest in or occupation with
the provider;
4. Copies of the
articles of incorporation, with all amendments thereto, if the provider is a
corporation; copies of all instruments by which the trust is created or
declared, if the provider is a trust; copies of the articles of partnership or
association and all other organization papers if the provider is organized
under another form. In the event the provider is not the legal title holder to
the property upon which the facility is or is to be constructed, the above
documents shall be submitted for both the provider and the legal title
holder;
5. A legal description by
metes and bounds or other acceptable means of the lands to be certified, and
the relationship of such lands to existing streets, roads and other
improvements, together with a map showing the proposed or actual facility and
showing the dimensions of the living units as available, except for living
units that are completed and available for inspection. The aforesaid map shall
be drawn to scale, signed and sealed by a licensed professional engineer or
land surveyor;
6. Copies of the
deed or other instrument establishing title of the provider and a title search,
title report or title certificate or binder or policy issued by a licensed
title insurance company;
7. A
statement concerning any litigation, orders, judgments or decrees which might
affect the offering;
8. A statement
that the continuing care agreements will be offered to the public and entered
into without regard to marital status, sex, race, creed or national origin or,
if not, any legally permissible restrictions on purchase that will
apply;
9. A statement of the
present conditions of physical access to the facility, and the existence of any
material adverse conditions that affect the facility, that are known, should be
known or are readily ascertainable;
10. Copies of all contracts and agreements
which the resident may be required to execute;
11. In the event there is or will be a
blanket encumbrance affecting the facility or a portion thereof, a copy of the
document creating it and a statement of the consequences upon a resident of a
failure of the person bound to fulfill the obligations under the instrument and
the manner in which the interest of the resident is to be protected in the
event of such eventuality;
12. One
copy of the proposed disclosure statement;
13. A current financial statement of the
provider and any related predecessor, parent or subsidiary company, including
but not limited to a current profit and loss statement and balance sheet
audited by an independent public accountant;
14. A statement concerning any adjudication
of bankruptcy during the last five years against the provider, its predecessor,
parent or subsidiary company and any principal owning more than 10 percent of
the interests in the facility at the time of the filing of the application for
certification. This requirement shall not extend to limited partners or those
whose interests are solely those of investors;
15. Copies of all easements and restrictions,
whether of record or not;
16. A
statement as to the status of compliance with all the requirements of all laws,
ordinances and regulations of governmental agencies having jurisdiction over
the construction, permitting and licensing of the facility, including but not
limited to any permits required by the Department of Environmental Protection
together with copies of all necessary Federal, State, county and municipal
approvals;
17. A statement that
neither the provider nor any of its officers or principals have ever been
convicted of a crime in this State or a foreign jurisdiction, and that the
provider has never been subject to any permanent injunction or final
administrative order restraining a false or misleading promotional plan
involving continuing care facility disposition or if so, copies of all
pleadings and orders in regard thereto;
18. A projected annual budget for the
facility for the next five years, or such lesser time as the Department allows,
together with a financial feasibility study prepared according to Generally
Accepted Accounting Principles, as established by the American Institute of
Certified Public Accountants, which study shall include an opinion letter as to
the financial feasibility of the facility;
i.
In the event that the provider of a new facility can establish to the
Commissioner's satisfaction that it cannot obtain an acceptable opinion letter
at the time of the initial certification, the Commissioner may allow the
provider to defer compliance with said requirement until such time as the
provider has obtained binding contracts on 50 percent of the units in the
facility; provided that, notwithstanding the provisions of
5:19-7.4, all entrance fees shall
remain in escrow until the Commissioner has received an acceptable feasibility
study and opinion letter as aforesaid.
19. Copies of market studies, if any,
prepared on the behalf of the provider, concerning the feasibility of the
project;
20. An affidavit, signed
by the provider, that the contents of the application are true and accurate and
made in good faith; and
21. Such
other additional information as the Department may require in individual cases
after review of an application for certification to assure full and fair
disclosure.
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