0000036240 00000 n 0000056353 00000 n If such notice is not provided, you may apply the deposit against your rent and the landlord is not permitted to require that further security be posted. The Rent Laws provide certain protections to senior citizens, disabled tenants and/or their spouses against eviction based on owner occupancy. SSI provides income maintenance for low-income people who are 65 or over, or who are disabled and cannot work. If the resident is in the hospital longer than 10 days, the resident gets the next available bed in the same nursing home upon discharge from the hospital. 0000003152 00000 n 0000004269 00000 n In addition, in the case of married persons, it may be possible to have some of the income of the spouse in the nursing home paid to the at-home spouse, without affecting eligibility for Medicaid only. It is almost impossible to identify all of the signs of discrimination. Additionally, except in an emergency, residents of RHCFs may only be removed from the premises (1) for medical reasons; (2) for their welfare or the welfare of other residents; (3) for non-payment of rent; or (4) for repeated violations of the facilitys written rules and regulations. Contact the Social Security office immediately and return the extra check. Once you are on the Social Security benefit rolls, your checks will increase automatically to keep up with increases in the cost of living. Some factors reduce benefits, e.g., living arrangements or monetary assistance from friends or family. The creditor must acknowledge receipt of your letter within 30 days and explain the bill or correct the mistake within 90 days. But because of these severe consequences, it is prudent to plan now, while you are in good mental and physical health, for possible incapacity. would extend the protection period under the Senior Citizen and Disables Protected Tenancy Act, which aims to protect senior citizens and people with disabilities from being pushed out of their apartments when they are converted into condos or co-ops. The rights to be expected at an assisted living or other type of facility are similar to those proscribed by law to nursing homes. Chen said the challenge with these laws is enforcement. ), except that all notice and other times set forth therein shall be calculated and extend from the date of the expiration Even though it is called a power of attorney, the person carrying out your wishes does not have to be an attorney. The real question is: How much can you earn and still get retirement checks? In addition, the Act considers a tenant who has a chronic alcoholism problem or who suffers from mental illness or a mental impairment to be disabled. In the case of joint assets, a withdrawal by one party is considered a transfer. d. On or after the effective date of the "Senior Citizens and Disabled Protected Tenancy Act," P.L. This program usually includes reduced attorney's fees. Transfer penalties can be avoided by returning all of the assets that were transferred. xb```)@(aB`tCFp ,Z g n4'g They pay the nursing home monthly for room, board and medical services. May 29, 2022 . The law allows Social Security, in certain cases, to give up its right to collect an overpayment. If the landlord fails to take action, you should then call your local board of health. An assisted living residence is a facility that provides apartment-style housing and congregate dining while assuring that assisted living services are available when needed. 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. senior citizens and disabled protected tenancy act. Ask for a detailed month-by-month accounting of how and why the over-payment was figured. In 1993, N.J.S.A. 0000000836 00000 n In New Jersey, you can set up a burial fund to help pay for your funeral. What is a representative payee for Social Security? 2A:18-61.11. Pre-Conversion tenants who are evicted because the unit is being converted to a condo are entitled to moving expenses, a waiver of one month's rent. Then, if Medicaid still denies your claim, you have a right to appeal to the Appellate Division of the Superior Court of New Jersey. If Medicare refuses to pay for something, you have the right to appeal the decision. 19. It is imperative that the person you appoint be trustworthy. What is the Lifeline (Utility Assistance Program)? You should first notify the landlord of the problem. Chapter 24 - CONDOMINIUM, FEE SIMPLE, AND COOPERATIVE CONVERSION AND MOBILE HOME PARK RETIREMENT, 5:24-2.4 - Principal residence requirement, 5:24-2.5 - Determination of eligibility, 5:24-2.6 - Subsequent determination of ineligibility, 5:24-2.9 - Procedural requirements for owners, 5:24-2.10 - Certification by administrative agency, Subchapter 2 - SENIOR CITIZENS AND DISABLED PROTECTED TENANCY. 48. 80. The services include case management, home health, homemaker, medical day care, non-emergency medical transportation, respite care, social day care and prescribed drugs. This means that unless your birthday is the first or second day of a month, you cannot receive a check for the month you reach 62. 43. If your income is more than the limit allowed, you will not be eligible for SSI. The first bill would help a relatively small number of people, Chen said, but the legislation seeking to expand cash payment receipts to small landlords would apply to a substantial number of renters who have historically had fewer protections than people renting from large landlords. ?J. 5. Sophie Nieto-Muoz, a New Jersey native and former Trenton statehouse reporter for NJ.com, shined a spotlight on the states crumbling unemployment system and won several awards for investigative reporting from the New Jersey Press Association. A creditor is a person, corporation or business to whom you owe money for goods or services that have been supplied. The sheriff or constable may attempt to levy on your property and sell the items at public sale. If a creditor, after obtaining a judgment following a lawsuit, sends the sheriff or constable to levy on your bank account containing these funds, you may go before the judge and prove that the money in the account is from Social Security checks or an exempt pension. In NYC, tenants may contact the NYC Department of Finance at 311. 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. You can ask for a reconsideration and waiver. HVQo6~7p@BR%aEvRu A company pension, for instance, may influence your decision. When a landlord/sponsor intends to convert a rental property to a condominium or cooperative, the Township Clerk must be notified of the intention. Nursing homes provide nursing, rehabilitative and health-related care and services that cannot be provided outside an institutional setting. At that hearing you have a right to be represented by counsel and to present evidence, including testimony, to support your case. %%EOF 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. If, for example, you are unable to afford healthcare, you may be eligible for New Jersey Care that is a special Medicaid program. Additionally, property owners who no longer qualify for the Homestead Deduction and Senior Citizen/Disabled Property Tax Relief, . What if the landlord refuses to make necessary repairs? Criminal activity by a caretaker would be reported. When will a criminal report be issued? hbbd``b`S@D[$X] 20. Note:Where a person remains SSI eligible, recovery of overpayments will generally be made by deducting the amount from future SSI payments; up to 10 percent of the monthly check may be withheld to recoup the overpayment. The Federal laws (such as the Fair Credit Reporting Act and the Fair Credit Billing Act) and state laws (such as the New Jersey Consumer Credit Transaction Act) contain procedures for resolving disputes with merchants. A springing power of attorney will only take effect upon your incapacity. A person who has reasonable cause to believe that a vulnerable adult is subject to abuse, neglect or exploitation may report the information to the county adult protective services provider or the local police. How am I protected by the laws that prohibits against age discrimination? of service. Theoretically, this mortgage can be made through any. Part A Medicare will also help pay for stays in skilled nursing facilities, home health care, and hospice care if the patient qualifies. The two physicians, the court-appointed attorney (who advocates the position of the alleged incapacitated), the attorney who represents the petitioner in the guardianship action, and possibly a lawyer, known as a guardian ad litem (who represents the alleged incapacitated in a neutral, investigative capacity), will have their services paid by the incapacitated persons estate. More comparison features will be added as we have more versions to compare. This is important because many private and non profit health insurance plans adjust their coverage when a person reaches retirement age to take account of Medicare coverage. The federal law considers mobility, hearing or visual impairments to be disabilities protected from rental housing discrimination. Usually determination is made on the basis of a doctors note. with respect to age discrimination only, housing reserved exclusively for senior citizens. dc.contributor: Compiled by the New Jersey State Library: . If the waiver is denied, ask for a reconsideration of waiver. Both landlords and tenants may print copies directly from this website for distribution. States must apportion the period of ineligibility between spouses so that only one penalty applies. A waiver request asks that you not be made to pay the money back even if the finding of overpayment is correct. Each SSI check has the words Supplemental Security Income on its face and has the month for which it is intended written plainly on it. What factors should I consider when deciding when to retire? The answer depends on your age. The first bill (S2961) would extend the protection period under the Senior Citizen and Disables Protected Tenancy Act, which aims to protect senior citizens and people with disabilities from being pushed out of their apartments when they are converted into condos or co-ops. Non-probate assets such as joint property, IRA accounts, retirement benefits and life insurance are not governed by the intestacy laws. Both the federal and state laws provide the procedures to be followed in reporting and seeking redress for discrimination based upon age. In addition, the state law does not limit its protection to any particular age group. Landlords are entitled to require payment of a security deposit. If you offer to repay an overpayment, Social Security must explain your waiver rights. 70. If a non-disabled worker retires after age 62 but before normal retirement age, the Social Security check is reduced by 5/9th of one percent for each month between the age of actual retirement and the then prevailing normal retirement age. Of course not. (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 144 0 obj <>/Filter/FlateDecode/ID[]/Index[132 23]/Info 131 0 R/Length 70/Prev 14673/Root 133 0 R/Size 155/Type/XRef/W[1 2 1]>>stream The latter is called a springing power of attorney. e. Repeated late rent (legal action may be started one month after a second written notice). A referral is then made to the appropriate agency, hospital or organization. 154 0 obj <>stream 0000057206 00000 n Several options are available in bankruptcy, and it is very important to review all the facts of your situation and all the choices very carefully. The decisions involved in providing care to an elderly loved one can be confusing and overwhelming. Lawmakers want to extend the time senior citizens and people with disabilities have certain tenancy protections under state law. If you have not reached retirement age, you can receive all of your expected Social Security benefits as long as your annual earnings do not exceed $12,000. Residents of rooming and boarding facilities licensed by the New Jersey Department of Community Affairs may not ordinarily be evicted from such premises except for good cause as defined in New Jerseys Just Cause for Eviction Act. Westchester and Nassau tenants must use this form to apply for the Senior Citizen Rent Increase Exemption program or the Disability Rent Increase Exemption program. (2) The granting of the protected tenancy period as applied to the tenant, giving particular consideration to whether a unit was sold on or before the date that the amendatory and supplementary act takes effect to a bona fide individual purchaser who intended personally to occupy the unit, would not be violative of concepts of fundamental fairness or due process. The secretary of health and human services was directed to promulgate regulations concerning annuities. If your birthday falls between the first and the 10th of the month, payments are made on the second Wednesday of the month, between the 11th and the 20th, payments are made on the third Wednesday of the month and between the 21st and the 31st, payments are made on the fourth Wednesday of the month. 11. 47. k; WlwGQY0Gh~wwKxbN@}1>_/ 0000003391 00000 n 8. by Sophie Nieto-Munoz, New Jersey Monitor August 15, 2022. In general, if you apply for early retirement benefits, your checks can start no earlier than the month you apply. c. However the court shall not authorize any further stays at any time after one such stay has been authorized when the owner has also provided a tenant with hardship relocation compensation of waiver of payment of 5 months' rent. If the resident does not have enough money to pay for nursing home care, or runs out of money after paying privately, there are governmental programs that may pay for the care, including veterans if benefits, Medicaid and General Assistance. This form contains the eligibility requirements for the Senior Citizen Rent Increase Exemption program and the Disability Rent Increase Exemption program. If you are under age 65 and you earn more than $12,000, your Social Security benefits will be reduced by $1 for every $2 of earnings over the limit. h) To provide opportunities for the assisted living facilities and programs to become a valuable community resource. There are also a number of other programs that are similar to Medicaid in that they assist in affording you access to medical care or services. 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. 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. In some cases, however, age may be a Bona Fide Occupational Qualification (BFOQ) or mandatory retirement may be permissible. Tenants can sue landlords who violate this law to restrain the landlord from denying the tenant's rights, and to recover actual damages and court costs. 1974, c.49 (C. 2A:18-61.1 et al. However, in no case shall more than five such stays be granted. Transfer of assets made within 36 months of application for Medicaid are penalized. 81. Even if you die on the last day of the month, the check received the next month must be returned to the Social Security Administration. Any deductions from the deposit must be itemized. If an overpayment results from your knowing failure to report a change, a penalty may be assessed. New Jersey Monitor provides fair and tough reporting on the issues affecting New Jersey, from political corruption to education to criminal and social justice. Social Security benefits are available only to those who pay for the insurance protection it provides. The nursing home is, on the one hand, the landlord of the resident for room and board, and on the other hand, the employee of the resident for medical services. The ADEA requires that before an individual can sue an employer in federal court for discrimination in employment, the employee must give prompt notice to the Equal Opportunity Commission (EEOC). For additional information, call(609) 292-4080or emailCustomer Service. Be sure to read both sides of the notice for important information. Theodore Sliwinski, Esq. The money deposited and the interest it accumulates will not be counted as an asset by either Medicaid or SSI. A person who starts retirement benefits before full retirement age will receive a permanently reduced benefit. Can I challenge an overpayment determination? Thereafter, Social Security benefits will be electronically transferred to your bank on the third day of each month. You should contact your county board of social services to determine whether or not you are eligible for any of the Medicaid programs. If you wish to make your medical preferences known now, when you are competent, so that your wishes will be known should you be unable to express them yourself, you should consider putting them in writing through an advance directive for healthcare. When you receive less than you should, bring the fact to the attention of a claims representative. These arrangements should be made with your family and local funeral director, and not put in your will. When it comes to ownership of the home, joint ownership between husband and wife may be desirable because upon death of a spouse, the home is transferred to the surviving spouse, even if the spouse died without a will. 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. This site is protected by reCAPTCHA and the Google, There is a newer version Many older Americans treat the joint bank account as an inexpensive and convenient device among family members so that when one is incapacitated, the other can still have access to property. If you believe that a creditor is acting improperly with respect to billing, or that a debt collector is acting improperly with respect to collection practices, then you should document the facts as thoroughly as possible and call legal counsel. If you are found to be incapacitated, you lose all rights, the right to vote, to make wills, to contract, to marry, to move. If two checks for the same month arrive, do not cash both. Do I have the right to refuse medical treatment? 1) Do the rent laws provide any special rights for disabled persons? If the application is again denied, the applicant has 60 days in which to request a hearing before an administrative law judge. Many private health insurance companies sell Medicare supplemental insurance that will help cover a number of the gaps in Medicare insurance. To appeal, go to your local office and the staff will assist you in filling out the correct forms. (4829) or email the Homestead Unit at [email protected]. Under federal law, an employer cannot reduce your salary or wages or fire you simply because you reach a certain age, and cannot refuse to provide you with the same group health plan benefits offered to other, younger employees. 76-1433 . The hardship relocation compensation alternative of subsection c. of this section shall not be applicable in this situation. 49. 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.. Related Forms and Publications Condominium Conversion Neglect is defined as an act or failure to act that results in inadequate provision of care or services, which may result in serious injury or is life-threatening. You have a right to be represented by a qualified person of your choice when you appeal a decision. This means that if you decide to change funeral directors, you can do so without any problems. This includes housing when the housing is provided . The arrangements are made with a funeral director, but this money is kept by the state of New Jersey in an interest-bearing account. d. Neglect in care by the parents or parental unfitness. Through ECO, the Caregiver Assistance Program (CAP) provides in-home services to an eligible New Jersey resident that supplement the services provided by the residents family and friends. Social Security is an insurance program. 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. You are called the principal in this document; the person you choose is called the agent. However, not all facilities accept Medicaid, and those that do not are permitted to discharge residents for failure to pay for their care. You should discuss your medical care preferences at length with any person or persons you choose as your proxy decision maker. (A resident can always leave the facility for overnight visits or discharge him or herself). When must a trustee be designated under my will? 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? 83. After 60 days in the hospital, the patient is required to pay $228 per day toward expenses. With regard to the refusal of life-sustaining treatment, New Jersey law provides that if a person has expressed his or her wishes in an advance directive for medical care, those wishes will be respected by the doctor or other medical provider. You can work after you become eligible for Social Security checks. If you enroll for Part B, you must pay a monthly premium of $78.20 for 2005. The problems will not simply vanish. 2 the "Senior Citizens and Disabled Protected Tenancy Act" and : 3 : amending P.L.1981, c.26. The goal in estate planning is to coordinate the disposition of non-probate assets with the plan for probate assets. In most, but not all circumstances, federal or state law prohibits discrimination on the basis of age. It will help pay for medical services, durable medical equipment, diagnostic tests, X-rays, and physical and speech therapies that are considered medically necessary. When you buy a major appliance or piece of furniture on credit, the store may have a purchase money security interest in the item because the store lent you the money needed to make the purchase. No owner, operator or employee shall serve an eviction notice upon a resident or take any other action in retaliation for: a) the efforts of the resident or a person acting on his or her behalf to enforce any rights under a contract or any law; or. 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. The last step in the appeals process involves a lawsuit in federal court. If you are overpaid, you have the right to waiver if you were without fault, and if certain conditions apply. For more information, seeFact Sheet #20. Stack and Cunningham did not respond to requests for comment. Reduced security deposits for senior citizens; An increased security deposit if the tenant has a pet or a waterbed; Different amounts of deposit based on the length of the lease; Other factors, as long as they are not in conflict with the FHA or ADA. When you apply for retirement benefits, Social Security will check your Social Security record, which shows all of your earnings covered by Social Security. Medicare is a federal program of health insurance. 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. Some local lenders have their own reverse mortgage programs, which vary in terms and features from those listed previously. 26. It may also be withdrawn if you have a serious irreversible illness. For example, if the Social Security Administration thinks veterans benefits were received in January, February and March, and they actually didnt come until April, the matter can be resolved at this stage. 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. When considering an application for Medicaid, one should bear in mind that the rules are fairly complicated, and that transfers of assets to third parties (such as gifts to children) in order to become eligible for the program can result in a penalty period being imposed during which payments by the state will not be made for nursing home care. Residences are to provide services that are consistent with the following principles of assisted living: a) To provide personalized services and care to meet each residents needs; b) To foster the independence and individuality of each resident; c) To treat each resident with respect, courtesy, consideration, and dignity; d) To assure each resident the right to make choices with respect to services and lifestyle; e) To assure each residents right to privacy; f) To nurture the spirit and uniqueness of each resident; g) To encourage families and friends to participate in resident service planning and implementation; and. The amount due is called an underpayment. You must also be a U.S. citizen living in the United States, or a legally admitted permanent resident of the United States, or a permanent resident living in this country under a special status such as a refugee. However, certain types of trusts are still permitted. For a summary of these protections, see the Your Rights section. It must do this before it allows you to make any repayment. If the former option is chosen by the individual, the matter may be pursued through the law courts. (If you are on Section 8, the landlord may not collect more security than your share of the rent, or $50, whichever is more.) Protected Tenancy income limits, as well as explanatory material, pursuant to both the Senior Citizen and Disabled Protected Tenancy Act and the Tenant Protection Act of 1992, are also available below. It also contains the instructions for form #RTP-13A. Is my landlord obligated to supply heat to my apartment? |Ff84N$F~3HTK}e t]nu>^> ?L~84}UzrTk{. If you choose to defer retirement, each month of delay after attainment of full retirement age leads to an increase in the eventual benefit. If you should become incapacitated without having made any of the choices listed above, there are still other alternatives available to you to permit other people to handle your affairs. On COVID's two-year anniversary in N.J., mixed reviews for, Teacher-student diversity gap widens in New Jersey, For offshore wind aspirations to become reality,. 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. 0000003686 00000 n These quarters end March 31, June 30, September 30, and December 31. 33. It would be prudent to name a substitute agent in the document to carry out your wishes in the event the agent named is unable to do so. For many tax types, you . endstream endobj startxref If the administrative agency determines that a tenant is no longer qualified for protected tenancy under that act, the administrative agency shall proceed to determine . What are the rights of assisted living and other residential facility residents? 88. It is most advisable, however, to consult an attorney when considering joint ownership of property, the inter vivos trust, the durable power of attorney, and the other legal choices listed in this booklet. This Fact Sheet contains information on eviction protections for disabled persons. Nonetheless, the above law must be interpreted in conjunction with recent federal and state case law. Eligible senior citizens with a fixed income may qualify to have their rent frozen under the Senior Citizen Rent Increase Exemption (S.C.R.I.E) program. ( 609 ) 292-4080or emailCustomer Service Utility assistance program ) 0000000836 00000 in! 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