Stakeholders in New Jersey made their feelings known in a big way to State DDD officials on a new transition plan that New Jersey had to give to the federal government showing the State’s increased efforts to develop residential placements that integrate people with developmental disabilities and other enrollees in the community. It looks like the revised plan has satisfied the stakeholders.
The new transition plan gives more opportunities to new residential service providers to explain how their congregate settings will integrate residents into the community while also balancing issues of safety and service provision. Previous rules limited the number of disabled individuals who could reside together in one place This seems like a common-sense approach to complex issues of balancing the needs of the disabled person with the values of community integration.
One area that we will continue to monitor is the rights of residents in assisted living facilities. The transition plan addendum states, “The DOH will take whatever steps are necessary, including potentially revising NJAC 8:36, to ensure that an agreement between an AL facility and each resident is in place and that the document provides protections that address eviction processes and appeals comparable to those provided under New Jersey’s landlord tenant law.” Having systemic landlord/tenant protections for residents of assisted living facilities (ALFs) is vital because ALFs fall in between the legal areas of landlord-tenant law and nursing home law, leaving ALF residents unsure of how the law protects them against wanton eviction.
Call us for advice regarding legal planning to protect the rights of persons with disabilities …… 732-382-6070