reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 9 - RENTS › Section 5:80-9.14 - Resident monthly fee increases for low- and/or moderate income-restricted units in assisted living residences (ALRs)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purposes of
				this section, the term "monthly fee" includes charges for rent, meals, and basic
				services. The Agency shall regulate the monthly fees for all low and moderate
				income-restricted ALR units. Monthly fees for income-restricted ALR units may not
				exceed 80 percent of the HUD median income level applicable to that ALR as set forth
				in the Financing, Deed Restriction, and Regulatory Agreement executed by the housing
				sponsor and the Agency (applicable HUD median income level). The foregoing shall not
				apply to units occupied by persons who have insurance and/or another contracted
				third-party payor.
(b) Sponsors of ALRs
				may implement increases of monthly fees for the income-restricted ALR units with
				Agency approval by submitting a written request to the Director of Property
				Management of the Agency, accompanied by the current tenant income certifications
				for the income-restricted ALR units, the most recent HUD area median income figures,
				and the maximum rents corresponding to the area median income figures. The Director
				of Property Management will review and verify the information contained therein and,
				if accurate, approve the requested monthly fee increase, up to a maximum of 10
				percent for low-income units and 20 percent for moderate-income units, but not to
				exceed 80 percent of the applicable HUD median income level. Monthly fee increases
				for non-income restricted ALR units do not require Agency approval.
(c) When calculating the maximum monthly fees for
				low and/or moderate income-restricted ALR units, housing sponsors shall use the HUD
				median income level for the area where the ALR is located, adjusted for family size
				following the formula below:
1. For efficiency or
				studio units, monthly fees shall be based on a one person household; and
2. For a one bedroom unit, monthly fees shall be
				based on a one and one-half person household.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 9 - RENTS › Section 5:80-9.15 - Rent increases for low and/or moderate income projects without Federal project-based rent subsidies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Sponsors of housing projects without
				project-based Federal rent subsidies may elect to implement rent increases in
				accordance with the rules in this section rather than those in
				N.J.A.C. 5:80-9.1 through
				9.12. The rules within this section may be used only after the owner demonstrates
				through an Agency approved annual tenant income certification process that at least
				10 percent of the units are rented to low income families and the balance rented to
				moderate income families. For the purposes of this section, a low income family is a
				family that earns 50 percent or less of the HUD area median income and a moderate
				income family is one that earns greater than 50 percent but no more than 80 percent
				of the HUD area median income. The foregoing provision defining a low income family
				and a moderate income family in effect as of March 20, 2006 shall be retroactive and
				considered effective as of June 20, 1994.
1.
				Sponsors shall submit a written request to the Agency, accompanied by the current
				tenant income certifications, the most recent HUD median income figures and the
				maximum rents corresponding to the median income figures. The Agency will review and
				verify the information contained therein and, if accurate, approve the rent
				increase, up to a maximum of 10 percent for low income units and 20 percent for
				moderate income units, not to exceed the maximum rents corresponding to the median
				income figures. The Agency will provide written notice of the approval to the
				Sponsor.
2. Upon approval from the
				Agency, the Sponsor shall notify tenants in writing. Notice shall be by mail or hand
				delivery to each tenant's unit or by personal service. The notice shall include the
				calculation of how the increase was determined pursuant to HUD's increase in median
				income.
3. The new rents shall be
				effective on the first day of the month following one calendar month's written
				notice to the tenants.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 13 - MAKING OR PURCHASING ELIGIBLE LOANS FOR SINGLE FAMILY MORTGAGES › Section 5:80-13.1 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter is promulgated pursuant to the authority of
				  N.J.S.A. 55:14K-12c, whereby the Agency may make, purchase or participate in the
				  purchase of eligible loans in order to encourage the development, operation,
				  construction, improvement and rehabilitation of affordable housing.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 13 - MAKING OR PURCHASING ELIGIBLE LOANS FOR SINGLE FAMILY MORTGAGES › Section 5:80-13.2 - Commitment applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Agency shall make available to all
				mortgage sellers who request it, a form of commitment application for each proposed
				program to purchase single family mortgage loans at least 14 days in advance of the
				date all such applications must be submitted to the Agency. The commitment
				application shall be in the form prescribed by the Agency and shall contain, among
				other things:
1. Provision for the mortgage seller
				to state the maximum principal amount of single family mortgage loans which the
				mortgage seller offers to the Agency;
2.
				The date by which the commitment application must be submitted to the Agency in
				order to be considered for an allocation of funds and the date by which commitments
				will be accepted by the Agency;
3. Form
				of the proposed mortgage purchase agreement and mortgage servicing
				agreement;
4. Provision for the mortgage
				seller to furnish information regarding its mortgage loan origination and servicing
				activities during a time period to be prescribed by the Agency;
5. Provision for liquidated damages to be paid or
				other penalties to be incurred by the mortgage seller in the event that it fails to
				execute or perform under the mortgage purchase agreement for the commitment accepted
				by the Agency; and
6. Provision for
				payment by the mortgage seller of a commitment fee in an amount prescribed by the
				Agency as consideration for the Agency's acceptance of the commitment application
				and agreement to purchase mortgage loans from the mortgage seller.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 13 - MAKING OR PURCHASING ELIGIBLE LOANS FOR SINGLE FAMILY MORTGAGES › Section 5:80-13.3 - Allocation of commitments

Current through Register Vol. 56, No. 14, July 15, 2024
In allocating funds available to meet the commitments requested
				  by mortgage seller, the Agency shall consider, among other things, the amounts of
				  the commitments requested by the various mortgage sellers, the adequacy of supply of
				  single family mortgage loans in the areas in which the mortgage sellers propose to
				  originate mortgage loans, the financial strength and stability of the mortgage
				  seller, the mortgage loan originating and servicing activity reported in the
				  commitment application and the ability of the mortgage sellers to originate and/or
				  service single family mortgage loans under the terms and conditions of the mortgage
				  purchase agreement and the mortgage servicing agreement.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 13 - MAKING OR PURCHASING ELIGIBLE LOANS FOR SINGLE FAMILY MORTGAGES › Section 5:80-13.4 - Execution of mortgage purchase agreement, mortgage servicing agreement; Term Sheet; Notice of Acceptance

Current through Register Vol. 56, No. 14, July 15, 2024
The Agency and each mortgage seller will enter in a Mortgage
				  Purchase Agreement and Mortgage Servicing Agreement stating the conditions under
				  which sellers will originate and the Agency will purchase mortgage loans financed
				  under this Section. The Agency will provide a Term Sheet for each mortgage program
				  which shall set forth the terms of all loans, mortgage delivery period and other
				  requirements. All loans originated under a commitment allocation must conform to the
				  requirements of the Term Sheet which shall be incorporated into the Mortgage
				  Purchase Agreement by reference. The amount of the allocation provided to each
				  mortgage seller for each program shall be set forth in a Notice of Acceptance.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 13 - MAKING OR PURCHASING ELIGIBLE LOANS FOR SINGLE FAMILY MORTGAGES › Section 5:80-13.5 - Eligible neighborhoods

Current through Register Vol. 56, No. 14, July 15, 2024
The Agency may designate special areas of the State in which the
				  purchase of mortgage loans by the Agency will best effectuate the general purposes
				  of the Act and the objectives of expansion of supply of funds in the State available
				  for single family mortgage loans, provision of additional housing needs to remedy
				  the shortage of adequate housing in the State and elimination of substandard
				  dwellings. If the Agency makes such a designation, special allocations and
				  conditions may be imposed or waived for single family mortgage loans in these areas.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 13 - MAKING OR PURCHASING ELIGIBLE LOANS FOR SINGLE FAMILY MORTGAGES › Section 5:80-13.6 - Limitations on loans

Current through Register Vol. 56, No. 14, July 15, 2024
The Agency may set limitations on the principal amounts of a
				  mortgage loan or upon the incomes of homebuyers in any area to effectuate the
				  purposes of the Act.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 13 - MAKING OR PURCHASING ELIGIBLE LOANS FOR SINGLE FAMILY MORTGAGES › Section 5:80-13.7 - Regulation of points charged by mortgage sellers

Current through Register Vol. 56, No. 14, July 15, 2024
The Agency may regulate, limit, restrict or prohibit the charge
				  or collection of any commitment fee, premium, bonus, points or other fees in
				  connection with the origination of mortgage loans by mortgage sellers to be
				  purchased by the Agency.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 13 - MAKING OR PURCHASING ELIGIBLE LOANS FOR SINGLE FAMILY MORTGAGES › Section 5:80-13.8 - Refinancing of pre-existing single family mortgage loans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Agency shall not
				acquire any single family mortgage loans made for the purpose of refinancing
				pre-existing single family mortgage loans. However, a mortgage loan made by a
				mortgage seller to finance the substantial rehabilitation of property upon which
				there is a pre-existing mortgage loan may include the refinancing of the
				pre-existing mortgage loan and still qualify as a single family mortgage loan under
				the following conditions:
1. At least 50 percent
				of the proceeds of the single family mortgage loans made by the mortgage seller
				shall be used to pay for labor and materials used to rehabilitate the
				property;
2. The single family mortgage
				loan shall be made only to a person determined in advance by the Agency to be a
				person of low or moderate income;
3. The
				economic facts and circumstances of the mortgagor and the property are such that the
				rehabilitation could not have been financed by other means;
4. The mortgage seller delivers to the Agency a
				certificate executed by the mortgage seller certifying that it reasonably believes,
				based upon prior investigation, that the conditions above have been met and that the
				refinancing of the pre-existing mortgage loan is incidental and necessary to the
				purpose of accomplishing the rehabilitation of the property and stating the facts
				and circumstances upon which the determination in (a)3 above was made; and
5. The executive director of the Agency determines
				and certifies that the facts and circumstances in the mortgage seller's certificate
				support the conclusion that the refinancing of the pre-existing mortgage loan is
				incidental and necessary to the purpose of accomplishing the rehabilitation of the
				property.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 13 - MAKING OR PURCHASING ELIGIBLE LOANS FOR SINGLE FAMILY MORTGAGES › Section 5:80-13.9 - Purchase of Agency bonds

Current through Register Vol. 56, No. 14, July 15, 2024
No mortgage seller (including any related person thereof, as
				  defined in Section 103(b)(6)(C) of the Internal Revenue Code) shall, pursuant to any
				  arrangement, formal or informal, purchase the bonds of the Agency in an amount
				  related to the amount of the mortgage loans to be purchased from such mortgage
				  seller (or related person, as aforesaid) by the Agency.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 13 - MAKING OR PURCHASING ELIGIBLE LOANS FOR SINGLE FAMILY MORTGAGES › Section 5:80-13.10 - Return on equity for eligible loans

Current through Register Vol. 56, No. 14, July 15, 2024
For each eligible loan made for owner-occupied structures of four
				  dwelling units or less, there is no general restriction on the rate of return which
				  the owner may receive on its investment whether from rental of the other units in
				  the structure or on sale of the property. However, the Agency may establish
				  limitations on the rate of return on investment for owner-occupied, one to four
				  family units, either at the time of the making of the original loan or upon the
				  sale, of all or a portion of the property and improvement, upon a finding that such
				  restrictions are necessary to assure the continued use of the property for
				  individuals of low to moderate income.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 14 - MAKING OR PURCHASING ELIGIBLE LOANS FOR SINGLE FAMILY HOME IMPROVEMENT › Section 5:80-14.1 - Commitment applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon request, the
				Agency shall make available to all mortgage sellers a single family home improvement
				loan application form. Such form shall be provided at least 14 days in advance of
				the date all such applications must be submitted to the Agency. The single family
				home improvement loan application shall contain, among other things:
1. Provision for the mortgage seller to state the
				maximum principal amount of single family home improvement loans which the mortgage
				seller offers to the Agency;
2. The date
				by which the commitment application must be submitted to the Agency in order to be
				considered for an allocation of funds and the date by which program commitments will
				be accepted by the Agency;
3. A form of
				the proposed note purchase agreement to be executed by the mortgage seller;
				and
4. Provision for the mortgage seller
				to furnish information regarding its residential loan origination activities during
				a time period to be prescribed by the Agency.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 14 - MAKING OR PURCHASING ELIGIBLE LOANS FOR SINGLE FAMILY HOME IMPROVEMENT › Section 5:80-14.2 - Allocation of commitments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In allocating funds
				available to meet the commitments requested by mortgage sellers, the Agency shall
				consider, among other things:
1. The amounts of
				the program commitments requested by the various mortgage sellers;
2. The adequacy of supply of affordable single
				family home improvement loans in the areas in which the mortgage seller proposes to
				originate single family home improvement loans;
3. The financial strength and stability of the
				mortgage seller; and
4. The residential
				loan originating activity reported in the commitment application and the ability of
				the mortgage seller to originate single family home improvement loans under the
				terms and conditions of the note purchase agreement.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 14 - MAKING OR PURCHASING ELIGIBLE LOANS FOR SINGLE FAMILY HOME IMPROVEMENT › Section 5:80-14.3 - Execution of note purchase agreement

Current through Register Vol. 56, No. 14, July 15, 2024
Upon notice of acceptance by the Agency to a mortgage seller of
				  all or a portion of the home improvement loan program commitment requested by it,
				  the Agency shall specify the date by which the Agency shall execute the note
				  purchase agreement executed by the mortgage seller.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 14 - MAKING OR PURCHASING ELIGIBLE LOANS FOR SINGLE FAMILY HOME IMPROVEMENT › Section 5:80-14.4 - Unsecured single family home improvement loans

Current through Register Vol. 56, No. 14, July 15, 2024
Single family home improvement loans which are not secured by a
				  mortgage on the property being improved or rehabilitated shall be limited to loans
				  specified in the Term Sheet for each single family Home Improvement Loan Program
				  fully insured under the Federal Housing Administration Title I Property Improvement
				  Loan Program.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 14 - MAKING OR PURCHASING ELIGIBLE LOANS FOR SINGLE FAMILY HOME IMPROVEMENT › Section 5:80-14.5 - Eligibility requirements

Current through Register Vol. 56, No. 14, July 15, 2024
The Agency may designate income and other limitations with
				  respect to persons eligible to receive single family home improvement loans and with
				  respect to the use of proceeds of single family home improvement loans by such
				  persons, which limitations may vary according to geographical area, in order that
				  the purchase of single family home improvement loans by the Agency shall best
				  effectuate the general purpose of the Act and the objectives of expansion of the
				  supply of funds in the State available for single family home improvement loans,
				  provision of additional housing needed to remedy the shortage of adequate housing in
				  the State and elimination of substandard and energy inefficient dwellings. The
				  Agency may set limitations on the principal amounts of single family home
				  improvement loans to effectuate the aforesaid purposes of the Act.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 14 - MAKING OR PURCHASING ELIGIBLE LOANS FOR SINGLE FAMILY HOME IMPROVEMENT › Section 5:80-14.6 - Regulation of points charged by mortgage sellers

Current through Register Vol. 56, No. 14, July 15, 2024
The Agency may regulate, limit or prohibit the charge or
				  collection of any commitment fee, premium, bonus, points or other fees in connection
				  with the origination of single family home improvement loans by mortgage seller to
				  be purchased by the Agency.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 14 - MAKING OR PURCHASING ELIGIBLE LOANS FOR SINGLE FAMILY HOME IMPROVEMENT › Section 5:80-14.7 - Refinancing of pre-existing debt

Current through Register Vol. 56, No. 14, July 15, 2024
The Agency shall not acquire any single family home improvement
				  loans made for the purpose of refinancing pre-existing debt.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 14 - MAKING OR PURCHASING ELIGIBLE LOANS FOR SINGLE FAMILY HOME IMPROVEMENT › Section 5:80-14.8 - Purchase of Agency bonds

Current through Register Vol. 56, No. 14, July 15, 2024
No mortgage seller (including any related person thereof, as
				  defined in Section 103(b)(6)(C) of the Internal Revenue Code) shall, pursuant to any
				  arrangement, formal or informal, purchase the bonds of the Agency in an amount
				  related to the amount of the single family home improvement loans to be purchased
				  from such mortgage seller (or related person, as aforesaid) by the Agency.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 17 - PREVAILING WAGE RATE › Section 5:80-17.1 - Applicability of prevailing wage rate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Not less than the
				prevailing wage rate shall be paid in the construction or rehabilitation of housing
				projects the construction or rehabilitation of which is fully or partially financed
				by a loan from the Agency by all housing sponsors, or builders, contractors or
				subcontractors engaged by housing sponsors, except as may be provided under the
				provisions of 5:80-1.4 or N.J.S.A. 55:14K-5y. The
				Agency may also require that not less than the prevailing wage rate be paid in
				connection with the operation, repair or improvement of any housing project or in
				conjunction with the construction or rehabilitation of any improvement or project
				financed by a loan from the Agency.
(b)
				The prevailing wage rate required to be paid pursuant to (a) above shall be
				determined in accordance with
				55:14K-42.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 18 - DEBARMENT AND SUSPENSION FROM AGENCY CONTRACTING › Section 5:80-18.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
When used in this subchapter, the following terms shall have the
				  following meanings:
"Affiliates" means persons having an overt or covert relationship
				  such that any one of them directly or indirectly controls or has the power to
				  control another.
"Agency contracting" means any arrangement giving rise to an
				  obligation to supply anything to or perform any service for the Agency, other than
				  by virtue of State or Agency employment, or to supply anything to or perform any
				  service for a private or public person where Agency provides substantial financial
				  assistance and retains the right to approve or disapprove the cost, nature or
				  quality of the goods or service or the persons who may supply or perform the
				  same.
"Debarment" means an exclusion from the New Jersey Housing and
				  Mortgage Finance Agency (Agency) contracting, on the basis of a lack of
				  responsibility evidenced by an offense, failure, or inadequacy of performance, for a
				  reasonable period of time commensurate with the seriousness of the offense, failure,
				  or inadequacy of performance.
"Person" means any natural person, company, firm, association,
				  corporation or other entity that is engaged in or offers or proposes to be engaged
				  in Agency contracting.
"Suspension" means an exclusion from Agency contracting for a
				  temporary period of time, pending the completion of an investigation or legal
				  proceedings.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 18 - DEBARMENT AND SUSPENSION FROM AGENCY CONTRACTING › Section 5:80-18.2 - Causes for debarment of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the public
				interest, the Agency may debar a person for any of the following causes:
1. Commission of a criminal offense as an incident
				to obtaining or attempting to obtain a public or private contract, or subcontract
				thereunder, or in the performance of such contract or subcontract.
2. Violation of the Federal Organized Crime
				Control Act of 1970, or commission of embezzlement, theft, forgery, bribery,
				falsification or destruction of records, perjury, false swearing, receiving stolen
				property, obstruction of justice, or any other offense indicating a lack of business
				integrity or honesty.
3. Violation of
				any Federal or State antitrust statute or of the Copeland Anti-kickback Act,
				18 U.S.C. §
											874 and
				40
				U.S.C. § 3145.
4. Violations of any
				of the laws governing the conduct of elections of the Federal Government, of the
				State of New Jersey, or of its political subdivisions.
5. Violation of the New Jersey Law Against
				Discrimination,
				10:5-1 et seq., or of the Act banning
				discrimination in public works employment,
				10:2-1 et seq., or of the Act
				prohibiting employment discrimination by industries engaged in defense work,
				10:1-10 et seq.
6. Violations of any laws governing hours of
				labor, minimum wage standards, prevailing wage standards, discrimination in wages,
				or child labor.
7. Violations of any
				laws governing the conduct of occupations or professions or regulated
				industries.
8. Violations of any other
				laws which may bear upon a lack of responsibility or moral integrity.
9. Willful failure to perform in accordance with
				contract specifications or within contractual time limits.
10. A record of failure to perform or of
				unsatisfactory performance in accordance with the terms of one or more contracts,
				provided that such failure or unsatisfactory performance has occurred within a
				reasonable time preceding the determination to debar and was caused by acts within
				the control of the person to be debarred.
11. Violation of contractual or statutory
				provisions regulating contingent fees.
12. Any other cause affecting responsibility as an
				Agency contractor of such serious and compelling nature as may be determined by the
				Agency to warrant debarment, even if such conduct has not been or may not be
				prosecuted as violations of such laws or contracts.
13. Debarment by some other department or agency
				in the Executive Branch.
14. Debarment
				by the Department of Housing and Urban Development, Federal Housing Administration
				or any other instrumentality, agency or department of the United States
				Government.
15. Any violation of the
				prohibited activities listed at
				5:80-18.8(a)  or
				failure to report violations of prohibited activities as required under
				5:80-18.8(b).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 18 - DEBARMENT AND SUSPENSION FROM AGENCY CONTRACTING › Section 5:80-18.3 - Conditions affecting the debarment of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				conditions shall apply concerning debarment:
1.
				Debarment shall be made only upon approval of the members of the Agency, upon their
				own action or upon recommendation by the Executive Director of the Agency, except as
				otherwise provided by law.
2. The
				existence of any of the causes set forth in
				5:80-18.2 shall not necessarily require
				that a person be debarred. In each instance, the decision to debar shall be made
				within the discretion of the members of the Agency, upon their own action or upon
				recommendation by the Executive Director of the Agency, unless otherwise required by
				law, and shall be rendered in the best interests of the State.
3. All mitigating factors shall be considered in
				determining the seriousness of the offense, failure or inadequacy of performance, in
				deciding whether debarment is warranted.
4. The existence of a cause set forth in
				5:80-18.2(a)1  -8 shall
				be established upon the rendering of a final judgment or conviction, including a
				guilty plea or a plea of nolo contendere by a court of competent jurisdiction or by
				an administrative agency empowered to render such judgment. In the event an appeal
				taken from such judgment or conviction results in reversal thereof, the debarment
				shall be removed upon the request of the debarred person unless other cause for
				debarment exists.
5. The existence of a
				cause set forth in
				5:80-18.2(a)9  -12 and
				15 shall be established by evidence which the Agency determines to be clear and
				convincing in nature.
6. Debarment for
				the cause set forth in
				5:80-18.2(a)13  and 14
				shall be proper, provided that one of the causes set forth in
				5:80-18.2(a)1  -12 was
				the basis for debarment by the original debarring agency. Such debarment may be
				based entirely on the record of facts obtained by the original debarring agency, or
				upon a combination of such facts and additional facts.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 18 - DEBARMENT AND SUSPENSION FROM AGENCY CONTRACTING › Section 5:80-18.4 - Procedures; period of debarment; scope of debarment affecting the debarment of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Agency in
				seeking to debar a person or his affiliates shall furnish such party with a written
				notice:
1. Stating that debarment is being
				considered;
2. Setting forth the reasons
				for the proposed debarment; and
3.
				Indicating that such party will be afforded an opportunity for a hearing if he so
				requests within a stated period of time. All such hearings shall be conducted in
				accordance with the provisions of the Administrative Procedure Act. However, where
				another department or agency has imposed debarment upon a party, the Agency may also
				impose a similar debarment without affording an opportunity for a hearing, provided
				that the Agency furnishes notice of the proposed similar debarment to that party,
				and affords that party an opportunity to present information in his behalf to
				explain why the proposed similar debarment should not be imposed in whole or in
				part.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 18 - DEBARMENT AND SUSPENSION FROM AGENCY CONTRACTING › Section 5:80-18.5 - Causes for suspension of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
In the public interest, the Agency, upon approval of the Attorney
				  General, may suspend a person for any cause specified in
				  5:80-18.2 or upon a reasonable suspicion
				  that such cause exists.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 18 - DEBARMENT AND SUSPENSION FROM AGENCY CONTRACTING › Section 5:80-18.6 - Conditions for suspension of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				conditions concerning suspension are to be adhered to:
1. Suspension shall be imposed only upon approval
				of the members of Agency, upon their own action or upon recommendation by the
				Executive Director of the Agency, and upon approval of the Attorney General, except
				as otherwise provided by law.
2. The
				existence of any cause for suspension shall not require that a suspension be
				imposed, and a decision to suspend shall be made at the discretion of the members of
				the Agency, upon their own action or upon recommendation by the Executive Director
				of the Agency, and at the discretion of the Attorney General, and shall be rendered
				in the best interests of the State.
3.
				Suspension shall not be based upon unsupported accusation, but upon adequate
				evidence that cause exists or upon evidence adequate to create a reasonable
				suspicion that cause exists.
4. In
				assessing whether adequate evidence exists, consideration shall be given to the
				amount of credible evidence which is available, to the existence or absence of
				corroboration as to important allegations, and to inferences which may properly be
				drawn from the existence or absence of affirmative facts.
5. Reasonable suspicion of the existence of a
				cause described in
				5:80-18.2(a)1  -8 may
				be established by the rendering of a final judgment or conviction by a court or
				administrative agency of competent jurisdiction, by grand jury indictment, or by
				evidence that such violations of civil or criminal law did in fact occur.
6. A suspension invoked by another department or
				agency for any of the causes described in
				N.J.A.C.
				5:80-18.2(a)1  through 13 may be
				the basis for the imposition of a concurrent suspension by the Agency, which
				suspension may be imposed when found to be in the best interest of the
				State.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 18 - DEBARMENT AND SUSPENSION FROM AGENCY CONTRACTING › Section 5:80-18.7 - Procedures; period of suspension; scope of suspension affecting the suspension of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				provisions regarding procedures, period of suspension and scope of suspension shall
				be adhered to by the Agency.
1. Upon approval of
				the Attorney General, the Agency, may suspend a person or his affiliates, provided
				that within 10 days after the effective date of the suspension, the Agency, provides
				such party with a written notice:
i. Stating that
				a suspension has been imposed and its effective date;
ii. Setting forth the reasons for the suspension
				to the extent that the Attorney General determines that such reasons may be properly
				disclosed;
iii. Stating that the
				suspension is for a temporary period pending the completion of an investigation and
				such legal proceedings as may ensue; and
iv. Indicating that, if such legal proceedings are
				not commenced or the suspension removed within 60 days of the date of such notice,
				the party will be given either a statement of the reasons for the suspension and an
				opportunity for a hearing if he so requests, or a statement declining to give such
				reasons and setting forth the Agency's position regarding the continuation of the
				suspension. Where a suspension by another agency has been the basis for suspension
				by the Agency, the latter shall note that fact as a reason for its
				suspension.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 18 - DEBARMENT AND SUSPENSION FROM AGENCY CONTRACTING › Section 5:80-18.8 - Prohibited activities of persons; reporting requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to
				ensure that all persons meet a standard of responsibility which assures the Agency,
				the State, and its citizens that such persons will both compete and perform honestly
				in their dealings with the Agency and avoid conflicts of interest, all persons are
				prohibited from engaging in the following activities:
1. No person shall pay, offer to pay, or agree to
				pay, either directly or indirectly, any fee, commission, compensation, gift,
				gratuity, or other thing of value of any kind to any Agency member or employee or to
				any member of the immediate family, as defined by N.J.S.A. 52:13D-13i, of any such
				member or employee, or to any partnership, firm, or corporation with which such
				member, employee or member of their immediate family is employed or associated, or
				in which such member or employee has an interest within the meaning of N.J.S.A.
				52:13D-13g.
2. No person shall, directly
				or indirectly, undertake any private business, commercial or entrepreneurial
				relationship with, whether or not pursuant to employment, contract or other
				agreement, express or implied, or sell any interest in such person to, any Agency
				member or employee having any duties or responsibilities in connection with the
				purchase, acquisition, or sale of any property or services by or to the Agency. No
				person shall, directly or indirectly, undertake any private business, commercial or
				entrepreneurial relationship with, whether or not pursuant to employment, contract,
				or other agreement, express or implied, or sell any interest in such person to any
				individual, firm, or entity with which such Agency member or employee is employed or
				associated or has an interest within the meaning of N.J.S.A. 52:13D-13g. Any
				relationships subject to this provision shall be reported in writing forthwith to
				the State Ethics Commission, which may grant a waiver of this restriction upon
				application of the Agency member or employee upon a finding that the present or
				proposed relationship does not present a potential or actual conflict of interest or
				the appearance of a conflict of interest.
3. No person shall influence, or attempt to
				influence or cause to be influenced, any Agency member or employee in his official
				capacity in any manner which might tend to impair the objectivity or independence of
				judgment of said member or employee.
4.
				No person shall cause or influence, or attempt to cause or influence, any Agency
				member or employee to use, or attempt to use, his official position to secure
				unwarranted privileges or advantages for the person or any other individual or
				entity.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 18 - DEBARMENT AND SUSPENSION FROM AGENCY CONTRACTING › Section 5:80-18.9 - Extent of debarment and suspension

Current through Register Vol. 56, No. 14, July 15, 2024
The exclusion from Agency contracting by virtue of debarment or
				  suspension shall extend to all contracting and subcontracting within the control or
				  jurisdiction of the Agency including any contracts which utilize Agency funds. When
				  it is determined by the members of the Agency, upon their own action or upon
				  recommendation by the Executive Director of the Agency, to be essential to the
				  public interest, and upon filing of a finding thereof with the Attorney General and,
				  in the case of suspension, upon approval of the Attorney General, an exemption from
				  total exclusion may be made with respect to a particular Agency contract.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 18 - DEBARMENT AND SUSPENSION FROM AGENCY CONTRACTING › Section 5:80-18.10 - Prior notice by the Agency

Current through Register Vol. 56, No. 14, July 15, 2024
Insofar as practicable, prior notice of any proposed debarment or
				  suspension shall be given by the Agency to the Attorney General and Treasurer.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 18 - DEBARMENT AND SUSPENSION FROM AGENCY CONTRACTING › Section 5:80-18.11 - List of debarred and suspended persons

Current through Register Vol. 56, No. 14, July 15, 2024
The Agency shall supply to the State Treasurer a monthly list of
				  all persons having been debarred or suspended in accordance with the procedures
				  prescribed herein, including the effective date and term, if any, of such debarment
				  or suspension. Such list shall at all times be available for public
				  inspection.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 18 - DEBARMENT AND SUSPENSION FROM AGENCY CONTRACTING › Section 5:80-18.12 - Discretion

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing contained herein shall be construed to limit the
				  authority of the Agency to contract or to refrain from contracting within the
				  discretion allowed by law.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 18 - DEBARMENT AND SUSPENSION FROM AGENCY CONTRACTING › Section 5:80-18.13 - Lists of Federal agencies

Current through Register Vol. 56, No. 14, July 15, 2024
Notwithstanding the failure of the Agency to debar or suspend any
				  person or contractor pursuant to these regulations, whenever the Agency participates
				  in any program financed, issued or guaranteed by any department, agency or
				  instrumentality of the United States Government, it may rely on and distribute lists
				  of persons suspended or debarred by such agency, department or instrumentality and
				  prevent the listed person from participating in that program.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 19 - WAIVERS › Section 5:80-19.1 - Waivers

Current through Register Vol. 56, No. 14, July 15, 2024
Any party desiring a waiver or release from the express
				  provisions of any of the regulations in this chapter may submit a written request to
				  the Agency to the attention of the Executive Director. Waivers may be granted only
				  by the Agency Board when such waiver would not contravene the provisions of
				  55:14K-1 et seq. and upon a finding
				  that, in granting the waiver, the Board will be promoting the statutory purposes of
				  the Agency.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 20 - CERTIFICATION AND RECERTIFICATION OF INCOME › Section 5:80-20.1 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter is promulgated pursuant to the authority of
				  N.J.S.A. 55:14K-8b.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 20 - CERTIFICATION AND RECERTIFICATION OF INCOME › Section 5:80-20.2 - General applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Regulations within this subchapter shall apply
				to all housing projects financed by a loan from the Agency.
(b) In addition to (a) above, any additional
				Federal regulations, if applicable, regarding certification and recertification of
				income and, as applicable, the Low Income Housing Tax Credit Qualified Allocation
				Plan,N.J.A.C. 5:80-33, shall also apply if a unit within a housing project is:
1. Assisted by subsidies provided by HUD, such as
				Section 8 (Housing Assistance Payments) and Section 236 (Interest Reduction
				Payments) of the National Housing Act of 1937;
2. Financed pursuant to former Section 103(b)(4)
				of the Internal Revenue Code or current Section 142 of the Internal Revenue Code (or
				any other applicable provision of the Internal Revenue Code as it relates to
				tax-exempt housing bonds);
3. Financed
				by a loan from the Agency that is insured or guaranteed by the United States or any
				agency thereof; or
4. With respect to an
				allocation of Federal low-income housing tax credits, is a low-income unit as
				defined in Section 42 of the Internal Revenue Code.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 20 - CERTIFICATION AND RECERTIFICATION OF INCOME › Section 5:80-20.3 - Documentation and review of tenant income qualifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				applicant for admission to, or tenant occupying, an income-restricted unit within a
				housing project shall provide to the housing sponsor all required information and
				documentation that will verify, to the satisfaction of the Agency, gross aggregate
				family income. This information and documentation shall include, but not be limited
				to, the following:
1. A copy of the first page of
				their most recent Federal income tax return, or a signed certification stating that
				no tax return was filed;
2. Permission
				for the Agency and housing sponsor to contact the Internal Revenue Service for
				information necessary to verify gross aggregate family income, such as copies of the
				first page of the family's income tax returns;
3. Verification of employment;
4. Check stubs from employers, pensions,
				annuities, social security, unemployment, public assistance and workers'
				compensation;
5. A copy of any court
				order for alimony and/or child support;
6. Confirmation of income from assets (for
				example, bank statements); and
7.
				Certification of income and assets.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 20 - CERTIFICATION AND RECERTIFICATION OF INCOME › Section 5:80-20.4 - Calculation of income

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Gross aggregate family income shall be
				calculated in accordance with applicable Federal regulations for families applying
				for admission to or occupying units that are assisted by HUD subsidies such as
				Section 8 and 236 or families occupying units within a housing project financed
				pursuant to former Section 103(b)(4) of the Internal Revenue Code, where such units
				are restricted to families of low and moderate income as defined in Section
				103(b)(12)(C), or pursuant to current Section 142 of the Internal Revenue Code (or
				any other applicable provision of the Internal Revenue Code as it relates to
				tax-exempt housing bonds), or, with respect to an allocation of Federal low-income
				housing tax credits, are low-income units as defined in Section 42 of the Internal
				Revenue Code.
(b) For all other
				families, gross aggregate family income shall be calculated by the total annual
				income of all family members, from whatever source derived, including but not
				limited to, pension, annuity, retirement, and social security benefits. However, the
				calculation for gross aggregate family income shall not include such income as the
				Agency determines may be excluded. Such excludable income shall include, but is not
				limited to, the following:
1. Income from a
				dependent under 18 years of age, who is not the head of household or spouse of the
				head of household;
2. Lump-sum additions
				to family assets such as inheritances, capital gains, insurance payments included
				under health, accident, hazard or worker's compensation policies, and settlements
				for personal or property losses;
3. For
				income from dependents who are secondary wage earners but who are not included
				within (b)1 above, such wages up to a maximum of $ 3,000.