MARKET ST. MISSION v. B.R.B.H.S.


110 N.J. 335 (1988)

541 A.2d 668

MARKET STREET MISSION, RESPONDENT, v. BUREAU OF ROOMING AND BOARDING HOUSE STANDARDS, DEPARTMENT OF COMMUNITY AFFAIRS, STATE OF NEW JERSEY, APPELLANT.

The Supreme Court of New Jersey.

Decided May 19, 1988.


Attorney(s) appearing for the Case

John J. Chernoski, Deputy Attorney General, argued the cause for appellant (W. Cary Edwards, Attorney General of New Jersey, attorney; Michael R. Clancy, Deputy Attorney General, of counsel; John J. Chernoski and Daniel P. Reynolds, Deputy Attorney General, on the briefs).

Gary C. Algeier argued the cause for respondent (Rand, Algeier, Tosti, Woodruff & Frieze, attorneys; Gary C. Algeier and John F. McDonnell, on the brief).


The opinion of the Court was delivered by O'HERN, J.

The question in this case is whether the Legislature intended that the fire safety provisions contained in the Rooming and Boarding House Act of 1979 (the Act), N.J.S.A. 55:13B-1 to -21, apply to religious organizations that provide rooming and boarding facilities to the needy.

We hold that the State has the power to impose public safety requirements on organizations, both religious and secular, that...

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