reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-87 - Undertakings for deposits of authority

40:37A-87. Undertakings for deposits of authority
All banks, trust companies, savings banks, investment companies and other persons carrying on a banking business are hereby authorized to give to any authority a good and sufficient undertaking with such sureties as shall be approved by the authority to the effect that such bank or banking institution as hereinbefore described shall faithfully keep and pay over to the order of or upon the warrant of the authority or its authorized agent all such funds as may be deposited with it by the authority and agreed interest thereon, at such times or upon such demands as may be agreed with the authority or in lieu of such sureties, deposit with the authority or its authorized agent or any trustee therefor or for the holders of any bonds, as collateral, such securities as the authority may approve. The deposits of the authority may be evidenced by a depository collateral agreement in such form and upon such terms and conditions as may be agreed upon by the authority and such bank or banking institution.
L.1960, c. 183, p. 758, s. 44, eff. Jan. 18, 1961.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-88 - Annual audit

40:37A-88. Annual audit
Each authority shall cause an annual audit of its accounts to be made, and for this purpose it shall employ a registered municipal accountant of New Jersey or a certified public accountant of New Jersey. The audit shall be completed and filed with the authority within 4 months after the close of the fiscal year of the authority and a certified duplicate copy thereof shall be filed in the office of the Division of Local Government in the Department of the Treasury and in the office of the treasurer of the county within 5 days after the original report is filed with the authority.
L.1960, c. 183, p. 758, s. 45, eff. Jan. 18, 1961.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-89 - Filing of copy of bond resolution

40:37A-89. Filing of copy of bond resolution
Each authority shall file a certified copy of each bond resolution adopted by it in the office of the Division of Local Government in the Department of the Treasury, together with a certified summary of the dates, amounts, maturities and interest rates of all bonds to be issued pursuant thereto prior to the issuance of any such bonds. Upon the adoption of each annual budget of an authority or amendment thereof, a certified copy thereof shall be filed forthwith in the office of said Division of Local Government.
L.1960, c. 183, p. 759, s. 46, eff. Jan. 18, 1961.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-90 - Construction of act

40:37A-90. Construction of act
47. This act shall be construed liberally to effectuate the legislative intent and as complete and independent authority for the performance of each and every act and thing herein authorized, and an authority shall not constitute or be deemed to be a county or municipality or agency or component of a municipality for the purposes of any other law; provided, however, that no authority, other than an authority created in or performing services for a county of the second class having a population in excess of 265,000, but less than 350,000 inhabitants, in a county of the third class having a population not in excess of 70,000 inhabitants, or in a county of the fifth class having a population in excess of 150,000, but less than 300,000 inhabitants, shall exercise the powers of a common carrier in any such county, and, except as hereinabove in this section set forth, nothing contained in this act shall in any way affect or limit the jurisdiction, rights, powers or duties of any State regulatory agencies.
L.1960,c.183,s.47; amended 1968,c.66,s.6; 1977,c.154; 1994,c.76,s.11.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-91 - Severability

40:37A-91. Severability
If any section, subsection, clause or provision of this act shall be adjudged unconstitutional or to be ineffective in whole or in part, to the extent that it is not adjudged unconstitutional or is not ineffective, it shall be valid and effective and no other section, subsection, clause or provision of this act shall on account thereof be deemed invalid or ineffective, and the inapplicability or invalidity of any section, subsection, clause or provision of this act in any 1 or more instances or under any 1 or more circumstances shall not be taken to affect or prejudice in any way its applicability or validity in any other instance or under any other circumstance.
L.1960, c. 183, p. 759, s. 48, eff. Jan. 1, 1961.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-92 - Public transportation facility; employees; self-organization

40:37A-92. Public transportation facility; employees; self-organization
Employees of a public transportation facility operated by any county improvement authority shall have the right to self-organization, to form, join or assist labor organizations and to bargain collectively through representatives of their own choosing. It shall be the obligation of such authority to recognize and bargain exclusively with a labor organization representing a majority of its employees in an appropriate unit with respect to wages, salaries, hours, working conditions and welfare and pension and retirement provisions, and, upon reaching agreement with such labor organization, to enter into and execute a written contract incorporating therein the agreements so reached. No agreement relating to hours of employment shall require or permit employees to work a number of hours per day or per week in excess of such hours as may be provided by Federal or State laws relating to similar employment in private industry.
L.1968, c. 66, s. 7, eff. June 18, 1968.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-93 - Representation of majority of employees; election

40:37A-93. Representation of majority of employees; election
If there is a question whether a labor organization represents a majority of employees in the appropriate unit such question shall be submitted by either the county improvement authority operating the public transportation facility or the labor organization to an election conducted under the auspices of the New Jersey State Board of Mediation, which shall have authority to conduct such an election and to certify the result thereof. If there is a question as to whether the proposed unit is appropriate, that matter shall be referred to arbitration as hereinafter set forth. In determining the unit or units appropriate for the purposes of collective bargaining, the arbitrator shall be guided by the standards developed under the Federal labor laws in determining unit questions and applied to comparable industries.
L.1968, c. 66, s. 8, eff. June 18, 1968.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-94 - Acquisition of privately-owned transportation system; transfer of employees

40:37A-94. Acquisition of privately-owned transportation system; transfer of employees
Whenever a county improvement authority shall acquire an existing privately-owned transportation system pursuant to authorization by the board of chosen freeholders, such acquisition may be subject to the assumption by the authority of all contracts and agreements of every kind and nature of the privately-owned transportation system acquired. All of the employees of such system except executive or supervisory officers and employees, shall be transferred to the employment of such authority with all employment rights, privileges and benefits which they previously enjoyed in such transportation system, including sick leave, seniority, vacation and pension credits. Such employees and former employees who are members or beneficiaries of any pension or other benefit plan or arrangement shall be entitled to a continuation of all benefits with respect to welfare, sickness, vacations, pension or retirement benefits as they previously enjoyed prior to the acquisition by such authority. The authority shall assume the obligations of any transportation system acquired by it with regard to wages, salary, hours, working conditions, sick leave, health and welfare and pension or retirement provisions or employees. It shall assume the provisions of any collective bargaining agreement between such acquired transportation system and the representatives of its employees. No employee of any acquired transportation system who is transferred to a position with such authority, shall, by reason of such transfer, be placed in any lesser or adverse position with respect to workmen's compensation, pension, seniority, wages, sick leave, vacation, health and welfare, insurance or any other benefits that he enjoyed as an employee of such acquired transportation system, unless the employee shall consent thereto in writing or that such conditions of employment, benefits or rights are incorporated in a collective bargaining agreement entered into between the authority and the labor organization representing a majority of its employees.
L.1968, c. 66, s. 9, eff. June 18, 1968.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-95 - Protective conditions and benefits for employees

40:37A-95. Protective conditions and benefits for employees
No county improvement authority authorized to operate a public transportation facility shall acquire any existing transportation system or part thereof whether by purchase, lease, condemnation or otherwise, nor shall the authority dispose of or lease any transportation system or part thereof, nor merge, consolidate, or co-ordinate any transportation system or part thereof, nor substitute any type of equipment on any such system or part thereof for the then existing equipment, or reduce or limit the lines or service of any such existing system, or of its system, unless it shall first have made adequate provision for any employees who are or may be displaced, or whose wages, hours, place, or conditions of employment are or may be adversely affected. The terms and conditions of such provisions shall be a proper subject of collective bargaining with the labor organizations that represent such employees. In no event, however, shall such protective conditions and benefits for any employee be less than those established pursuant to section 10(c) of the Urban Mass Transportation Act of 1964 (49 U.S.C. 1609(c), 78 Stat. 307).
L.1968, c. 66, s. 10, eff. June 18, 1968.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-96 - Labor disputes; arbitration

40:37A-96. Labor disputes; arbitration
In the case of any labor dispute between a county improvement authority operating a public transportation facility and its employees where collective bargaining does not result in agreement, irrespective of whether such dispute relates to the making or maintaining of collective bargaining agreements, the terms to be included in such agreements, the interpretation or application of such agreements, the adjustment of any grievance or any difference or any question that may arise between the authority and the labor organization representing its employees concerning wages, salaries, hours, working conditions or benefits including health and welfare, sick leave, insurance, or pension or retirement provisions, the authority shall offer to submit such dispute to final and binding arbitration by a single arbitrator or by a tripartite board of arbitrators. Upon acceptance by the labor organization of such arbitration proposal, if the dispute is referred to a single arbitrator, such arbitrator shall be one who may be agreed upon by the authority and the labor organization involved, and, in the event that said parties cannot agree upon the identity of the arbitrator then such arbitrator shall be selected through the use of the New Jersey State Board of Mediation in accordance with its usual procedure and rules relating to the selection of arbitrators in labor disputes. Should the matter be referred to a tripartite board, the authority shall designate one such arbitrator, the labor organization shall designate one such arbitrator and the third, impartial arbitrator, who shall be the chairman of the board, shall be selected by the 2 arbitrators thus designated; in the event of their inability to select such third arbitrator they shall seek the appointment of the third arbitrator by use of the New Jersey State Board of Mediation which shall proceed to select such arbitrator in the manner provided by the rules and practices of said State Board of Mediation with respect to arbitrators of labor disputes. The cost of arbitration shall be borne equally by both parties except that in the event that a tripartite board is sued, the services of the arbitrator designated by each party shall be paid for by such party. The arbitration proceeding shall take place in the manner provided by the rules of the New Jersey State Board of Mediation applicable to arbitration of labor disputes and the decision of the arbitrator or board of arbitrators shall be final and binding upon the parties.
L.1968, c. 66, s. 11, eff. June 18, 1968.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-97 - Authority and power

40:37A-97. Authority and power
County improvement authorities operating a public transportation facility shall have the following authority and power:
(1) To execute a collective bargaining agreement requiring, as a condition of employment on or after the thirtieth day following the beginning of employment or the effective date of the agreement, whichever is the later, membership in good standing of all employees within the bargaining unit in the labor organization representing a majority of the employees in such unit.
(2) To enter into a collective bargaining agreement under which it will withhold union dues, fees or assessments from the wages of the employees and pay the same on behalf of said employees to the labor organization.
(3) To agree to pay and to pay contributions for the establishment or maintenance of any health and welfare plan or any pension or retirement plan.
(4) To make deductions from wages of employees, upon authorization of such employees for any purposes for which any private employer may make such deductions.
L.1968, c. 66, s. 12, eff. June 18, 1968.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-98 - Authorization to engage in public transportation within and beyond county limits

40:37A-98. Authorization to engage in public transportation within and beyond county limits
13. Any county improvement authority may engage in the business of operation of public transportation facilities for the transportation of passengers and property on scheduled routes, within and beyond the territorial limits of the county or any beneficiary county, with the consent of the governing bodies of the municipalities into which such operation is extended, and on nonscheduled routes, by contract. A copy of each contract for charter or operation on a nonscheduled route shall be maintained in the office of the authority as a public record available for inspection during normal business hours.
Any county improvement authority which establishes or acquires public transportation facilities may contract with any person or corporation for the operation thereof upon such terms and conditions as the authority shall determine.
L.1968,c.66,s.13; amended 1994,c.76,s.12.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-99 - Authority deemed a public utility; powers and operations

40:37A-99. Authority deemed a public utility; powers and operations
A county improvement authority engaged in the operation of a public transportation facility shall be deemed to be a public utility and its powers and operations shall be subject to the provisions of Title 48 of the Revised Statutes and the regulation and control of the Board of Public Utility Commissioners.
L.1968, c. 66, s. 14, eff. June 18, 1968.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-100 - Solid waste disposal systems; applicability of Solid Waste Management Act

40:37A-100. Solid waste disposal systems; applicability of Solid Waste Management Act
Any solid waste disposal system operated by a county improvement authority shall be subject to the provisions of the "Solid Waste Management Act (1970)" (P.L.1970, c. 39, C. 13:1E-1 et seq.), and to any rules and regulations adopted thereunder by the State Department of Environmental Protection.
L.1973, c. 330, s. 3, eff. Dec. 27, 1973.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-101 - Selection of site location for disposal system

40:37A-101. Selection of site location for disposal system
4. Whenever any county improvement authority chooses to exercise the powers granted by P.L.1973, c.330 (C.40:37A-100 et al.) with respect to the selection of a site location or locations for any facility of its garbage and solid waste disposal system, it shall so inform the Commissioner of Environmental Protection, and shall make or cause to be made, after consultation with the commissioner, such preliminary surveys, investigations, studies, borings, maps, plans, drawings and estimates of costs and revenues relating to the type and location of such garbage and solid waste disposal facilities, or any part thereof, which the authority may deem necessary to purchase or construct in order to protect the health, safety and welfare of the inhabitants of the county or any beneficiary county. In addition, the authority may make or cause to be made a study and a map of all existing garbage and solid waste disposal treatment and disposal facilities proposed for or already operating in the county or any beneficiary county. The undertaking of all such studies and surveys and the provision of the necessary maps, sketches, data and plans in connection therewith, shall be deemed a county purpose and the costs thereof may be paid out of general funds of the county or beneficiary county; but all such costs shall be reimbursed to the county or any beneficiary county by the county improvement authority.
L.1973,c.330,s.4; amended 1994,c.76,s.13.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-102 - Responsibility for selection of final site; approval required

40:37A-102. Responsibility for selection of final site; approval required
5. Subject to an enabling resolution adopted by the governing body of the county which has created such an authority or by the governing body of any beneficiary county (hereinafter referred to as the host county) pursuant to P.L.1960, c.183 (C.40:37A-44 et seq.), the county improvement authority shall have the responsibility for selecting a final site location or locations for any garbage and solid waste collection, treatment or disposal facilities to be operated by said authority. The governing body of such county shall not, however, adopt any such enabling resolution until the site location or locations tentatively designated by the improvement authority shall have been approved by:
a. The Commissioner of Environmental Protection after an evaluation of all studies, surveys and plans, and any accompanying maps and data, as may be required by the commissioner pursuant to section 4 of P.L.1973, c.330 (C.40:37A-101);
b. The governing bodies of the several municipalities situate within such county, by the adoption of concurring resolutions by any combination of such municipalities with an aggregate population of at least 75% of the total population of said county, as determined by the last decennial census; and
c. The planning board of the host county, by a resolution affirming that such site location or locations are compatible with the host county's master plan, or such county planning policies as may exist.
L.1973,c.330,s.5; amended 1994,c.76,s.14.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-103 - Classification of solid waste facility as public utility

40:37A-103. Classification of solid waste facility as public utility
6. Any solid waste facilities owned or operated by a county improvement authority pursuant to the provisions of this amendatory and supplementary act, shall be deemed a public utility and shall be subject to such rules and regulations as may be adopted by the Board of Public Utilities in accordance with the provisions of the "Solid Waste Utility Control Act" (P.L.1970, c.40, C.48:13A-1 et seq.). The improvement authority's application to operate any solid waste facility shall be considered at a public hearing by the Board of Public Utilities.
L.1973,c.330,s.6; amended 1991,c.381,s.46.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-104 - Municipalities; use of facilities

40:37A-104. Municipalities; use of facilities
All facilities of a solid waste disposal system operated by a county improvement authority shall be open to use by any municipality or municipalities situate in the host county. Such facilities shall also be open to use by any municipality or municipalities situate in any county contiguous to the host county, provided that the population of said municipality, or the aggregate population of any several such municipalities, would not by itself or when added to the nonhost county population already using the improvement authority's facilities, be in excess of 10% of the total population of the host county. When the prospective nonhost county user population would exceed the foregoing 10% limit, the applications for use of the petitioning nonhost county municipalities shall require the prior approval of the governing bodies of the host county, and of any combination of municipalities situate therein, in accordance with the requirements and procedures set forth in section 5 of this amendatory and supplementary act.
L.1973, c. 330, s. 7, eff. Dec. 27, 1973.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-105 - Exclusion of alternate method of solid waste disposal by municipality with contract with county

40:37A-105. Exclusion of alternate method of solid waste disposal by municipality with contract with county
Upon contracting with a county improvement authority for the collection, treatment or disposal of garbage or solid waste as herein provided, no municipality shall, during the term of the contract, engage in, or grant, permit or enter into any new contract for, the collection, treatment and disposal of garbage and solid waste that might be competitive with the facilities or services being provided under contract to that municipality by the improvement authority.
This section shall in no way be construed so as to prevent or prohibit any municipality from erecting, constructing, operating and maintaining an incinerator or garbage and solid waste disposal plant or other means for the disposition of garbage and solid wastes in any manner or by any means by which the same may be lawfully erected, constructed, operated or maintained.
L.1973, c. 330, s. 8, eff. Dec. 27, 1973.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-106 - Legislative findings and declarations

40:37A-106. Legislative findings and declarations
The Legislature finds and declares that:
a. The supply of decent and affordable housing, particularly for families of low and moderate income has become increasingly scarce, especially in certain areas of this State.
b. In communities experiencing rapid development and the problems associated with the economic impact of land speculation, the cost of developing comprehensive housing programs is prohibitive, thus calling for action in the form of mortgage and housing finance assistance for the development of private housing programs by appropriate governmental agencies.
c. The "county improvement authorities law," P.L.1960, c. 183 (C. 40:37A-44 et seq.) provides for the creation of a county level agency which, with the cooperation and approval of the governing body of a municipality, may undertake certain improvement and development projects within that municipality. Such an agency, and county and municipal government interaction, are appropriate to provide a means of addressing the need to create a supply of decent and affordable housing, based upon programs which, at the State level, have shown substantial success in providing new and rehabilitated housing units, particularly in urban areas.
L.1979, c. 275, s. 1, eff. Jan. 3, 1980.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-108 - Powers of authority

40:37A-108. Powers of authority
3. a. The authority, for the purpose of carrying out the purposes of this act, may:
(1) Accept from qualified housing sponsors applications for loans;
(2) Enter into agreements with qualified housing sponsors for permanent loans and temporary loans or advances in anticipation of such permanent loans for the construction or rehabilitation of housing projects;
(3) Make permanent loans and temporary loans or advances in anticipation of such permanent loans to qualified housing sponsors under the provisions of this act;
(4) Enter into lease, loan, mortgage, security or any other type of agreements with other agencies or instrumentalities of the State or any political subdivisions of the State for the purpose of providing loans and other financial assistance in order to promote housing projects in any municipality, including, without limitation, agreements to purchase bonds, notes or other debt obligations issued by municipalities and lease, loan, mortgage, security or any other type of agreements to be entered into by municipalities in order to finance a fair share housing obligation pursuant to P.L.1985, c.222 (C.52:27D-301 et al.). The period of usefulness in which such municipal debt obligations or such agreements must mature shall, notwithstanding any provision of law to the contrary, be based on the reasonable life of such housing projects directly or indirectly financed with such municipal debt obligations or such agreements, but in no event shall the period of usefulness be less than the minimum established under the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.); and
(5) Prepare, carry out, acquire, own, lease and operate housing projects and provide for the construction, reconstruction, improvement, alteration or repair of those housing projects, and to lease or rent any dwellings, accommodations, lands, buildings, structures or other facilities comprising a housing project, subject to the limitations of this act.
b. No application for a loan for the construction or rehabilitation of a housing project to be located in any municipality shall be processed unless there shall be filed with the secretary of the authority prior to such application a certified copy of a resolution adopted by said municipality reciting that there is a need for low and moderate income housing projects in said municipality.
L.1979,c.275,s.3; amended 1982,c.113,s.15; 1994,c.31.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-109 - Application for loan; forms; contents

40:37A-109. Application for loan; forms; contents
Every application for a loan to a qualified housing sponsor shall be made on forms furnished by the authority and shall contain such information as the authority shall require.
L.1979, c. 275, s. 4, eff. Jan. 3, 1980.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-110 - Priority in grant of loans; considerations

40:37A-110. Priority in grant of loans; considerations
In considering any application for a loan, the authority shall give first priority to applications for loans for the construction or rehabilitation of housing projects, designed primarily to serve families whose incomes do not exceed the median for the standard metropolitan statistical area in which the project is located, and wherein 10% or more units will be subsidized by, or occupied by tenants whose rents will be subsidized by, any program of housing assistance, and which will be a part of, or constructed in connection with, an urban renewal program, and also shall give consideration to:
a. The comparative need of the area to be served by the proposed project for housing for families of low and moderate income, with particular emphasis on the needs of individuals and families displaced or caused to be displaced by public or private action;
b. The ability of the applicant to construct, operate, manage and maintain the proposed housing project;
c. The existence of zoning or other regulations to protect adequately the proposed housing project against detrimental future uses which could cause undue depreciation in the value of the project;
d. The proximity of the proposed project to, and the accessibility of, adequate parks, recreational areas, utilities, schools, transportation and parking;
e. The proximity of the proposed project to, and the accessibility of, places of adequate employment opportunities and,
f. Where applicable, the eligibility of the applicant to make payments in lieu of taxes to the municipality in which the housing project is located.
L.1979, c. 275, s. 5, eff. Jan. 3, 1980.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-114 - Priorities in eligibility for admission

40:37A-114. Priorities in eligibility for admission
The authority shall establish rules and regulations concerning admissions to any housing project financed in whole or in part by loans authorized hereunder which shall provide priority categories for persons displaced or caused to be displaced by public or private action or by urban renewal projects, highway programs or other public works, persons living in substandard housing, persons and families who, by reason of family income, family size or disabilities have special needs, elderly persons, and families living under conditions violative of minimum health and safety standards.
L.1979, c. 275, s. 9, eff. Jan. 3, 1980.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-114.1 - Definitions relative to affordable housing occupancy preferences.

40:37A-114.1 Definitions relative to affordable housing occupancy preferences.
1. a. As used in this section:
"Disabled veteran" means any resident of the State who has been honorably discharged or released under honorable circumstances from active service in any branch of the Armed Forces of the United States and who has been or shall be declared by the United States Veterans Administration, or its successor, to have a service-connected disability.
"Veteran" means any resident of the State who has been honorably discharged or released under honorable circumstances from active service in any branch of the armed forces of the United States, or any honorably discharged member of the American Merchant Marine who served during World War II and is declared by the United States Department of Defense to be eligible for federal veterans' benefits.
b. In addition to any other federal or State law regarding providing a veteran's affordable housing preference, the Commissioner of Community Affairs shall establish rules and regulations to provide a preference for affordable housing in a housing project, as defined under subsection f. of section 2 of P.L.1979, c.275 (C.40:37A-107), to homeless veterans, disabled veterans, and family members who are the primary residential caregivers to disabled veterans residing with them. All applicants for the housing preference as specified herein shall also be required to meet the income requirements for admission to the housing project.
c. Among applicants eligible to receive a housing project preference provided under subsection b. of this section, priority for the preference shall be given to applicants as follows: (1) homeless veterans shall receive first priority; (2) disabled veterans shall receive second priority; and (3) family members who are the primary residential caregivers to disabled veterans residing with them shall receive third priority.
L.2017, c.19, s.1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-115 - Actions or proceedings; standing of authority; jurisdiction and venue; receiver; reorganizations

40:37A-115. Actions or proceedings; standing of authority; jurisdiction and venue; receiver; reorganizations
The authority may institute any action or proceeding against any qualified housing sponsor receiving a loan under the provisions of this act, or owning any housing project hereunder, in any court of competent jurisdiction to enforce the provisions of this act, or to foreclose its mortgage, or to protect the public interest, the tenants, the stockholders or creditors of such sponsor. In connection with any such action or proceeding, the authority may apply for the appointment of a receiver to take over, manage, operate and maintain the affairs of such qualified housing sponsor, and the authority through such agent as it shall designate is hereby authorized to accept appointment as receiver of any such sponsor when so appointed by a court of competent jurisdiction.
The reorganization of any qualified housing sponsor shall be subject to the supervision and control of the authority and no such reorganization shall be had without the consent of the authority. Upon any such reorganization the amount of capitalization, including therein all stocks, income debentures and bonds and other evidence of indebtedness, shall be such as is authorized by the authority but not in excess of the fair value of the property received.
L.1979, c. 275, s. 10, eff. Jan. 3, 1980.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-116 - Foreclosure action; parties; powers of court; sales

40:37A-116. Foreclosure action; parties; powers of court; sales
In any foreclosure action involving a qualified housing sponsor, other than a foreclosure action instituted by the authority, the authority and the municipality in which any tax exemption is provided shall, in addition to other necessary parties, be made parties defendant. The authority and the municipality shall take all steps in such action necessary to protect the interest of the public therein, and no costs shall be awarded against the authority or the municipality.
Subject to the terms of any applicable agreement, contract or other instrument entered into or obtained pursuant to section 23 of this act, judgment of foreclosure shall not be entered unless the court to which application therefor is made shall be satisfied that the interest of the lienholder or holders cannot be adequately secured or safeguarded except by the sale of the property; and in such proceeding the court shall be authorized to make an order increasing the rental or carrying charges to be charged for the housing accommodations in the housing project involved in such foreclosure, or appoint a member of the authority or any officer of the municipality in which any tax exemption with respect to the projects provided, as a receiver of the property, or grant such other and further relief as may be reasonable and proper; and in the event of a foreclosure or other judicial sale, the property shall be sold only to a qualified housing sponsor which will manage, operate and maintain the project subject to the provisions of this act, unless the court shall find that the interest and principal on the obligations secured by the lien which is the subject of foreclosure cannot be earned under the limitations imposed by the provisions of this act and that the proceeding was brought in good faith, in which event the property may be sold free of limitations imposed by this act or subject to such limitations as the court may deem advisable to protect the public interest.
L.1979, c. 275, s. 11, eff. Jan. 3, 1980.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-117 - Judgment against qualified housing sponsor not pertaining to foreclosure; written notice to authority

40:37A-117. Judgment against qualified housing sponsor not pertaining to foreclosure; written notice to authority
In the event of a judgment against any qualified housing sponsor in any action not pertaining to the foreclosure of a mortgage, there shall be no sale of any of the real property included in any housing project of such qualified housing sponsor except upon 60 days' written notice to the authority. Upon receipt of such notice the authority shall take such steps as in its judgment may be necessary to protect the rights of all parties.
L.1979, c. 275, s. 12, eff. Jan. 3, 1980.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-120 - Pledge of revenues, moneys, funds or other property; validity; lien; recordation

40:37A-120. Pledge of revenues, moneys, funds or other property; validity; lien; recordation
Any pledge of revenues, moneys, funds or other property made by the authority shall be valid and binding from the time when the pledge is made; the revenues, moneys, funds or other property so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be filed or recorded except in the records of the authority.
L.1979, c. 275, s. 15, eff. Jan. 3, 1980.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-121 - Members of authority or persons executing; nonliability

40:37A-121. Members of authority or persons executing; nonliability
Neither the members of the authority nor any person executing bonds, bond anticipation notes or other notes or obligations issued pursuant to this act shall be liable personally on such bonds, bond anticipation notes or other notes or obligations by reason of the issuance thereof.
L.1979, c. 275, s. 16, eff. Jan. 3, 1980.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-122 - Purchase; power of authority

40:37A-122. Purchase; power of authority
The authority shall have power to purchase bonds, bond anticipation notes or other notes or obligations of the authority out of any funds available therefor. The authority may hold, cancel or resell such bonds, bond anticipation notes or other notes or obligations subject to and in accordance with agreements with holders of its bonds, bond anticipation notes and other notes or obligations.
L.1979, c. 275, s. 17, eff. Jan. 3, 1980.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-124 - Pledge and agreement of state not to impair rights or remedies of bondholders

40:37A-124. Pledge and agreement of state not to impair rights or remedies of bondholders
The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds, bond anticipation notes or other notes or obligations issued pursuant to the authority of this act that the State will not limit or alter the rights or powers hereby vested in the authority to perform and fulfill the terms of any agreement made with the holders of such bonds, bond anticipation notes or other notes or obligations, or in any way impair the rights or remedies of such holders until such bonds, bond anticipation notes and other notes or obligations, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or in behalf of such holders, are fully met and discharged or provided for. The authority may include this pledge and agreement of the State in any agreement with the holders of bonds, bond anticipation notes and other notes or obligations issued by the authority.
L.1979, c. 275, s. 19, eff. Jan. 3, 1980.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-125 - Bonds as legal investment and authorized security for public deposits

40:37A-125. Bonds as legal investment and authorized security for public deposits
Notwithstanding any restriction contained in any other law, this State and all public officers, municipalities, counties, political subdivisions and public bodies and agencies thereof, all banks, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking or investment business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all executors, administrators, guardians, trustees and other fiduciaries, may legally invest any sinking funds, moneys or other funds belonging to them or within their control in any bonds, bond anticipation notes or other notes or obligations issued pursuant to this act, and such bonds, bond anticipation notes and other notes or obligations shall be authorized security for any and all public deposits.
L.1979, c. 275, s. 20, eff. Jan. 3, 1980.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-126 - Tax exemptions; property and revenues of authority; interest and income of bonds

40:37A-126. Tax exemptions; property and revenues of authority; interest and income of bonds
All property of the authority is hereby declared to be public property devoted to an essential public and governmental function and purpose and shall be exempt from all taxes and special assessments of the State or any subdivision thereof. All bonds, bond anticipation notes or other notes or obligations issued pursuant to this act are hereby declared to be issued by a body corporate and public of this State and for an essential public and governmental purpose and such bonds, bond anticipation notes and other notes or obligations, and the interest thereon and the income therefrom, and all fees, charges, funds, revenues, income and other moneys received or to be received by the authority and pledged or available to pay or secure the payment of such bonds, bond anticipation notes or other notes or obligations, or interest thereon, shall at all times be exempt from taxation except for transfer, inheritance and estate taxes.
L.1979, c. 275, s. 21, eff. Jan. 3, 1980.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-127 - Exemption from execution or other judicial process

40:37A-127. Exemption from execution or other judicial process
All property of the authority, except as otherwise provided herein, shall be exempt from levy and sale by virtue of an execution and no execution or other judicial process shall issue against the same nor shall any judgment against the authority be a charge or lien upon its property; provided, that nothing herein shall apply to or limit the rights of the holder of any bonds, bond anticipation notes or other notes or obligations to pursue any remedy for the enforcement of any pledge or lien given by the authority on its revenues or other moneys; and provided, further, that nothing herein shall limit the authority's ability to enter into partnerships, limited partnerships, joint ventures or other associations as a general partner, limited partner or participant therein.
L.1979, c. 275, s. 22, eff. Jan. 3, 1980. Amended by L.1982, c. 113, s. 17, eff. Aug. 14, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-128 - Insurance or guarantee of loan; agreement with department or agency of federal government

40:37A-128. Insurance or guarantee of loan; agreement with department or agency of federal government
The authority is authorized and empowered to obtain, or aid in obtaining, from any department or agency of the United States any insurance or guarantee as to, or of or for the payment or repayment of interest or principal, or both, or any part thereof, on any loan or any instrument evidencing or securing the same, made or entered into pursuant to the provisions of this act; and notwithstanding any other provisions of this act to enter into any agreement, contract or any other instrument whatsoever with respect to any such insurance or guarantee, and except payment in such manner and form as provided therein in the event of default by the borrower.
L.1979, c. 275, s. 23, eff. Jan. 3, 1980.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-129 - Insurance or guarantee of bonds or other obligations; agreement with department or agency of federal government

40:37A-129. Insurance or guarantee of bonds or other obligations; agreement with department or agency of federal government
Authority is authorized and empowered to obtain from any department or agency of the United States any insurance or guarantee as to, or of or for the payment or repayment of interest or principal, or both, or any part thereof, on any bonds, bond anticipation notes or other notes or obligations issued by the authority pursuant to the provisions of this act; and notwithstanding any other provisions of this act to enter into any agreement, contract or any other instrument whatsoever with respect to any such insurance or guarantee except to the extent that such action would in any way impair or interfere with the agency's ability to perform and fulfill the terms of any agreement made with the holders of the bonds, bond anticipation notes or other notes or obligations of the authority.
L.1979, c. 275, s. 24, eff. Jan. 3, 1980.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-130 - Annual report; audit; contents

40:37A-130. Annual report; audit; contents
25. On or before the last day of February in each year the authority shall make an annual report for the preceding calendar year to the governing body of the county and of each municipality and beneficiary county in which a housing project financed by the authority is located.
The annual audit pursuant to section 45 of the "county improvement authorities law," P.L.1960, c.183 (C.40:37A-88) shall include the activities of the authority pursuant to this act.
L.1979,c.275,s.25; amended 1994,c.76,s.16.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-132 - Services to authority by units of state and county governments

40:37A-132. Services to authority by units of state and county governments
All officers, departments, boards, agencies, divisions and commissions of the State and county are hereby authorized and empowered to render any and all of such services to the authority as may be within the area of their respective governmental functions as fixed or established by law, and as may be requested by the authority. The cost and expense of any such services shall be met and provided for by the authority.
L.1979, c. 275, s. 27, eff. Jan. 3, 1980.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-133 - Discrimination; prohibition; violations; penalty

40:37A-133. Discrimination; prohibition; violations; penalty
No person shall be discriminated against, because of race, religious principles, color, national origin or ancestry, by the authority or any qualified housing sponsor or any agent or employee thereof in connection with any housing project or mortgage loan. Any person who shall be found guilty of violating the provisions of this section shall be a disorderly person and subject to a fine of not less than $500.00 or more than $2,500.00.
L.1979, c. 275, s. 28, eff. Jan. 3, 1980.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:37A-134 - Broad construction of powers

40:37A-134. Broad construction of powers
The powers enumerated in this act shall be interpreted broadly to effectuate the purposes thereof and shall not be construed as a limitation of powers.
L.1979, c. 275, s. 29, eff. Jan. 3, 1980.