reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 4 - PROJECTS › Section 5:47-4.3 - Consistency of project with plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will
				review the activities in the project to determine that they are in furtherance of
				the approved neighborhood revitalization plan on the basis of the following
				criteria:
1. To the extent possible, each activity
				shall clearly fit within an element of the plan, although the specific activity set
				forth in the project may be a subset or part of an element of the plan. For example,
				the plan may call for rehabilitation of abandoned housing in the neighborhood, and
				the project may identify specific abandoned buildings that are to be rehabilitated
				during the term of the project;
2. The
				plan element shall clearly encompass the proposed activity. For example, the plan
				may call in general terms for a commercial revitalization program for a business
				district in the neighborhood, which can be spelled out in detail in the project;
				and
3. Activities set forth in a project
				need not be set forth specifically in the plan, as long as the activity clearly
				furthers an element or a strategy that is set forth in the plan. For example, if the
				plan calls for developing housing for home ownership, a program of homebuyer
				education and counseling can be an eligible activity even though it is not set forth
				in the plan.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 4 - PROJECTS › Section 5:47-4.4 - Nonprofit organization; capacity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The nonprofit
				organization must demonstrate that it, along with any partners, has the capacity to
				carry out the activities set forth in the project in a timely and responsible
				fashion. The Department will evaluate the information provided by the nonprofit
				organization on the basis of the following criteria:
1. Organizational capacity. The nonprofit
				organization shall demonstrate that it has the organizational capacity to manage the
				programs and activities for which it will be responsible. It will demonstrate that
				it has financial management systems and administrative systems in place that are
				adequate to deal with the scope and nature of the activities for which it will be
				responsible.
2. Development and service
				delivery capacity. The nonprofit organization shall demonstrate that either:
i. It has a track record of successfully carrying
				out similar activities of similar scope;
ii. It has a track record of successfully carrying
				out different activities, but of similar scope, where it shows that the skills and
				experience are reasonably transferable between the activities; or
iii. It has demonstrated strong organizational
				capacity, and has identified and is capable of recruiting the staff and consultants
				necessary to carry out the activities in the project; and
3. Capacity of partners. Where an activity will be
				carried out by a partner entity, the nonprofit organization shall submit adequate
				documentation to enable the Department to evaluate the capacity of the partner
				entity to carry out the activity consistent with (a)1 and 2 above. The Department
				shall make a determination that the nonprofit organization has adequate capacity to
				supervise and monitor the activities being carried out by partner entities.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 4 - PROJECTS › Section 5:47-4.5 - Joint projects by more than one nonprofit organization; role of the lead agency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Projects may be
				submitted jointly by two or more nonprofit organizations. In all such cases, one
				nonprofit organization shall be designated in the application as the lead
				organization, and shall meet the criteria and accept responsibilities as set forth
				in this section.
(b) The lead
				organization shall document that it has adequate organizational capacity, as set
				forth in this section, to act as the lead organization for the project.
(c) The lead organization shall be responsible for
				providing the Department with all quarterly and annual progress reports and other
				monitoring information as set forth in
				5:47-7.1.
(d) The project application shall set forth
				clearly the organizational relationship, reporting requirements, and other
				management information systems that will be established by the lead organization and
				the other nonprofit organizations undertaking the project to ensure that the
				activities will take place in a timely fashion, and that all necessary information
				will be provided to the lead organization, and by the lead organization to the
				Department.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 4 - PROJECTS › Section 5:47-4.6 - Submission of project in conjunction with submission of an application by a business entity

Current through Register Vol. 56, No. 14, July 15, 2024
A project may be submitted in conjunction with an application by
				  a business entity submitted pursuant to N.J.A.C. 5:47-6, in which case the nonprofit
				  organization's project application shall reference the business application, and
				  provide appropriate documentation that the business entity has committed to provide
				  assistance for the project.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 5 - CRITERIA FOR QUALIFYING PROJECTS › Section 5:47-5.1 - Introduction

Current through Register Vol. 56, No. 14, July 15, 2024
In the event that the total qualified projects seeking tax
				  credits certified under the act exceed, or appear likely to exceed, the $ 20 million
				  limit established under the act, or the total amount of funds available in any one
				  fiscal year, if funds provided in previous years are available as provided in
				  5:47-6.3, the Department is required to
				  establish by regulation the standards and procedures for determining which projects
				  shall be determined to be qualified in order to ensure that the total tax credits
				  allocated do not exceed the statutory limit. These procedures shall be used to rank
				  projects as well as in the event that the number of approved projects exceeds the
				  amount of assistance available, even if the total does not exceed the statutory
				  limit. The Department will rank projects on the basis of factors set forth in
				  5:47-5.2, 5.3 and 5.4.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 5 - CRITERIA FOR QUALIFYING PROJECTS › Section 5:47-5.2 - Extent to which project addresses distress

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				evaluate the extent to which the activities set forth in the project address
				distress criteria, with particular emphasis on the following:
1. The extent to which they will alleviate poverty
				by increasing total household income;
2.
				The extent to which they will increase disposable income by increasing access to
				facilities and services at affordable prices, such as housing and health
				care;
3. The extent to which they will
				reduce unemployment, including creating jobs, increasing access to jobs, creating
				business activities, and strengthening existing neighborhood-based business
				enterprises; and
4. The extent to which
				they contribute to enhancing the quality of life in the neighborhood, as reflected
				in physical and/or programmatic improvements, in ways that have the potential to
				increase the market competitiveness of the neighborhood, and its attractiveness to
				potential homebuyers and renters, including, but not limited to, environmental and
				cultural resources, educational and recreational activities, business attraction and
				retention activities, historic preservation, and civic engagement.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 5 - CRITERIA FOR QUALIFYING PROJECTS › Section 5:47-5.3 - Leveraging; municipal support

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				evaluate the extent to which the activities set forth in the project are likely to
				attract public or private investment to the subject project or other projects in the
				neighborhood, with particular emphasis on the following:
1. The total dollar amount of funds committed or
				realistically anticipated from sources other than the assistance provided under this
				program, including, but not limited to:
i.
				Conventional loan capital;
ii. Grants,
				from public or private sources;
iii.
				Subordinated debt;
iv. Debt at
				significantly below-market interest rates, or significantly deferred payment terms;
				and
v. Equity investments;
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 5 - CRITERIA FOR QUALIFYING PROJECTS › Section 5:47-5.4 - Nonprofit organization capacity

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall evaluate the extent to which the nonprofit
				  organization has demonstrated the capacity to carry out the project, pursuant to the
				  criteria established in
				  5:47-4.4.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 6 - SUBMISSION OF APPLICATION BY BUSINESS ENTITY; ISSUANCE OF CERTIFICATES › Section 5:47-6.1 - Business applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any business entity
				seeking a certificate for neighborhood revitalization tax credits shall submit an
				application to the Department, which shall include the following information:
1. Whether the certificate is for the current
				year, or for more than one year, and if so, how many years;
2. The amount of assistance the business entity
				proposes to provide for each year for which it seeks a certificate, which shall be
				not less than $ 25,000 per year; and
3.
				Whether it proposes to provide the assistance to a specific project or projects; if
				so, it shall identify:
i. The municipality in
				which the project is located;
ii. The
				neighborhood for which the project is planned; and
iii. The nonprofit organization submitting the
				project;
4. Whether the
				business entity or any wholly owned subsidiary has previously received any
				certificates, and if so, the status of the assistance payments required under those
				certificates;
5. If the business entity
				or any wholly owned subsidiary has failed to provide assistance pursuant to a
				previous approval, a statement of reasons for the failure to provide assistance and
				of why the entity should not be barred from receiving an additional certificate;
				and
6. The type of tax or taxes for
				which the business entity seeks to receive credit.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 6 - SUBMISSION OF APPLICATION BY BUSINESS ENTITY; ISSUANCE OF CERTIFICATES › Section 5:47-6.2 - Notice; deposit of assistance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) With respect to
				business applications that specify a project or projects, the Department shall
				notify the business entity in a timely manner:
1.
				That the project application has been received by the Department; and
2. That the Department has taken action to approve
				or disapprove the project.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 6 - SUBMISSION OF APPLICATION BY BUSINESS ENTITY; ISSUANCE OF CERTIFICATES › Section 5:47-6.3 - Certificate

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall issue the business entity a certificate for
				  neighborhood revitalization tax credits in the amount previously determined. The
				  Department shall issue up to $ 10,000,000 in certificates in each fiscal year,
				  notwithstanding the dollar amount of assistance requested in projects submitted to
				  and approved by the Department. Any funds received in any fiscal year in excess of
				  the amount allocated to qualified projects shall be allocated by the Department to
				  qualified projects in any subsequent fiscal year in which the dollar amount sought
				  by qualified projects exceeds the amount of assistance available.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 6 - SUBMISSION OF APPLICATION BY BUSINESS ENTITY; ISSUANCE OF CERTIFICATES › Section 5:47-6.4 - Priority in processing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In processing
				applications for certificates from business entities, the Department shall give
				priority to applications which propose to provide assistance to a specific project
				or projects. The certificate issued to such business entity shall specify the
				project to which the assistance is to be provided.
(b) Within those applications receiving priority
				under (a) above, applications that demonstrate a multi-year commitment by the
				business entity to implementation of the neighborhood preservation and
				rehabilitation plan shall receive priority.
(c) The Department shall give second priority to
				processing applications by business entities not specifying a particular project,
				but for which there are one or more projects which have been approved by the
				Department, and which are seeking assistance, in which event the Department may pool
				applications by business entities in order to provide the amount of assistance
				requested by each nonprofit organization that has submitted a project, and shall
				issue each business entity providing assistance a certificate specifying the project
				to which the assistance is to be provided.
(d) The Department will give third priority to
				processing applications by business entities not specifying a particular project,
				and for which no project approved by the Department is seeking assistance. In this
				case, the Department shall issue a certification without specifying the project to
				which the assistance is to be provided, and shall deposit the amount set forth in
				the certificate in the Neighborhood Revitalization Non-lapsing Trust Fund.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 6 - SUBMISSION OF APPLICATION BY BUSINESS ENTITY; ISSUANCE OF CERTIFICATES › Section 5:47-6.5 - Administrative fee

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may charge an administrative fee up to a maximum
				  of one and one half percent of the amount of assistance provided by the business
				  entity. The administrative fee shall be withdrawn by the Department from the
				  Neighborhood Revitalization Non-lapsing Trust Fund at the time the business entity
				  deposits the assistance for each year as provided in the certificate issued by the
				  Department.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 7 - CONTRACTING; MONITORING › Section 5:47-7.1 - Contract; reporting requirements; monitoring authority of Commissioner

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				enter into a contract with each nonprofit organization that has received approval of
				a project and for which funds have been committed pursuant to a certificate issued
				by the Department to one or more business entities. The contract shall set forth the
				timetable and conditions by which the nonprofit organization may draw down the tax
				credit funds, shall set forth the reports and other information that the nonprofit
				organization shall provide the Department, and shall include such other provisions
				not inconsistent with the statute and these rules as may be appropriate.
(b) The nonprofit organization shall post bond and
				security in the amount and in such form as established by the Department.
(c) The nonprofit organization shall provide the
				Department with a quarterly tracking report as well as an annual report on all
				activities set forth in the project. The nonprofit organization shall also submit
				the annual report to the business or businesses providing assistance to the
				organization. Each report shall include:
1. A
				description of actions taken and funds expended with respect to each activity set
				forth in the project;
2. A description
				of progress toward the goals and objectives of each activity, including, to the
				extent feasible and appropriate, quantifiable measurement of progress and
				results;
3. Identification of
				difficulties and obstacles experienced in implementing the activities in the
				project; and
4. Identification of any
				changes in the scope, direction or structure of any activity in the project, and the
				reasons for changes.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 7 - CONTRACTING; MONITORING › Section 5:47-7.2 - Failure to perform activities; corrective actions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If, after notice and
				hearing pursuant to
				5:47-7.1, the Commissioner finds that
				any assistance provided under these rules has been used for some purpose other than
				the activity or activities for which it was approved, or, although used for the
				activity for which it was approved, used in a manner that was illegal, improper, or
				in violation of the terms and conditions of the contract entered into between the
				nonprofit organization and the Department, the Commissioner may impose sanctions,
				including, but not limited to, any or all of the following:
1. Requiring that all or part of the funds
				provided to the nonprofit organization for the approved project be paid back to the
				Department, which shall expend them pursuant to
				5:47-7.4;
2. Requiring that the nonprofit organization take
				corrective action as a condition of retaining tax credit funds, including, but not
				limited to:
i. Establishing or modifying
				administrative procedures, financial controls, or other measures as required by the
				Department;
ii. Removing or reassigning
				individuals found to be responsible for misuse of assistance provided to the
				nonprofit organization;
iii. Amending or
				abrogating any agreement between the nonprofit organization and any third party,
				where the third party has been found to be responsible in whole or in part for
				misuse of assistance provided to the nonprofit organization; or
iv. Placing one or more activities for which
				assistance has been provided under the administrative control of the Department, or
				of an entity selected for that purpose by the Department;
3. Revoking the Department's determination that
				the project was qualified; in which case the Department may abrogate the contract
				between the Department and the nonprofit organization, and reuse any unexpended
				funds held for the project as provided in
				5:47-7.4; and/or
4. Barring the nonprofit organization for a period
				of time to be determined by the Commissioner from approval of future projects.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 7 - CONTRACTING; MONITORING › Section 5:47-7.3 - Business entities held harmless

Current through Register Vol. 56, No. 14, July 15, 2024
No sanction imposed by the Commissioner against any nonprofit
				  organization shall affect the validity of the credits for assistance already
				  contributed and awarded to a business entity that was not on notice of the wrongful
				  action of the nonprofit organization at the time it made the contribution.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 7 - CONTRACTING; MONITORING › Section 5:47-7.4 - Reuse of funds

Current through Register Vol. 56, No. 14, July 15, 2024
In the event that any funds contributed for a particular project
				  cannot be used for that project, whether because the project cannot be completed, or
				  because the Department has taken action to abrogate a contract with a nonprofit
				  organization or has recaptured funds provided to a nonprofit organization pursuant
				  to the provisions of
				  5:47-7.2, the Department shall return
				  the funds to the pool available to fund other projects as provided in these rules.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 8 - CLEARINGHOUSE; POOLING OF FUNDS BY DEPARTMENT › Section 5:47-8.1 - Establishment of clearinghouse

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				establish a clearinghouse for business entities seeking to provide assistance to
				qualified projects, and qualified projects seeking assistance from business
				entities. The clearinghouse shall include the following information, which shall be
				available at the Department's offices or upon written request to the Department, and
				which shall be posted on the Department of Community Affairs website:
1. The name of each business entity receiving a
				certificate pursuant to
				5:47-6.4 which does not specify a
				project or nonprofit organization to which it proposes to provide
				assistance;
2. The amount deposited by
				each business entity in the Neighborhood Revitalization Non-lapsing Trust Fund for
				the current year, and the amount that it proposes to provide in subsequent years, if
				any;
3. The name of each nonprofit
				organization that has received approval for a plan from the Department pursuant to
				N.J.A.C. 5:47-3 and the location of the neighborhood covered by the plan;
4. The name of each nonprofit organization that
				has received approval for a project from the Department pursuant to N.J.A.C. 5:47-4,
				the location of the neighborhood for which the project is proposed, the amount of
				assistance sought by the nonprofit organization to carry out the project, and the
				amount of any assistance, if less than the full amount sought, already provided or
				committed; and
5. Contact information
				for business entities and nonprofit organizations listed in the
				clearinghouse.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 8 - CLEARINGHOUSE; POOLING OF FUNDS BY DEPARTMENT › Section 5:47-8.2 - Allocation of assistance by the Department

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To the extent that
				any business entities submit applications to provide assistance, or receive
				certificates and deposit assistance in the Neighborhood Revitalization Non-lapsing
				Trust Fund, without specifying a project or projects to which the assistance is to
				be provided, and any projects receive approval from the Department that do not
				specify a business entity as a source of all or part of the assistance needed to
				carry out the project, the Department shall allocate that assistance to qualified
				projects, including pooling assistance from more than one business entity in order
				to fully fund an approved project.
(b)
				Notwithstanding the criteria set forth in N.J.A.C. 5:47-5 to qualify projects, the
				Department shall give priority in allocation of such assistance to projects which
				have already received assistance or commitments of assistance equal to or greater
				than one-third of the total amount of assistance sought for the project. The
				Department shall rank the remaining projects according to the criteria set forth in
				N.J.A.C. 5:47-5.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 9 - NEIGHBORHOOD REVITALIZATION NON-LAPSING TRUST FUND; USE OF INTEREST PROCEEDS › Section 5:47-9.1 - Use of interest

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall use any interest earnings on the funds
				  deposited in the Neighborhood Revitalization Non-lapsing Trust Fund (hereinafter the
				  "trust fund") to further the purpose of the Neighborhood Revitalization State Tax
				  Credit program as provided in this subchapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 9 - NEIGHBORHOOD REVITALIZATION NON-LAPSING TRUST FUND; USE OF INTEREST PROCEEDS › Section 5:47-9.2 - Determination of available funds

Current through Register Vol. 56, No. 14, July 15, 2024
At the beginning of each fiscal year, the Department shall make a
				  determination of the amount of interest earnings accumulated in the trust fund, and
				  the amount to be made available to qualified entities, as defined in
				  5:47-9.3(a)1, and other
				  appropriate entities under this section. The Department shall make available for
				  this purpose all interest earnings accumulated in the trust fund.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 9 - NEIGHBORHOOD REVITALIZATION NON-LAPSING TRUST FUND; USE OF INTEREST PROCEEDS › Section 5:47-9.3 - Use of funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				set aside interest proceeds to be made available in each fiscal year for grants to
				be used for any of the following purposes:
1. To
				qualified entities to provide training and technical assistance to nonprofit
				organizations eligible to prepare plans and submit projects for tax credit
				assistance. Areas of training and technical assistance may include, but shall not be
				limited to, assistance in preparing neighborhood revitalization plans and developing
				projects based on those plans; developing technical capacity to implement projects
				and related neighborhood revitalization activities; and building management and
				financial capacity among nonprofit organizations engaged in neighborhood
				revitalization activities. Qualified entities shall be public, private or nonprofit
				entities that have demonstrated through the conduct of successful programs and
				activities their ability to provide training and technical assistance to nonprofit
				organizations carrying out community development and neighborhood revitalization
				activities;
2. To nonprofit
				organizations to carry out planning activities consistent with N.J.A.C.
				5:47-3;
3. Other activities to improve
				the capacity of nonprofit organizations to plan and carry out neighborhood
				revitalization activities eligible for tax credit assistance; or
4. Marketing activities, including, but not
				limited to, presentations, workshops and preparation of materials, designed to
				inform business and corporate entities about the opportunities available to provide
				assistance and obtain tax credit benefits.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 10 - TASK FORCE › Section 5:47-10.1 - Establishment of task force

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall establish a task force to advise the
				  Department staff on the administration of the Neighborhood Revitalization State Tax
				  Credit Program.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 10 - TASK FORCE › Section 5:47-10.2 - Membership of task force

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The membership of
				the task force shall include individuals representing:
1. Nonprofit organizations eligible to participate
				in the program and/or Statewide associations representing these entities;
2. Business and corporate entities potentially
				providing assistance to such nonprofit corporations and/or Statewide associations
				representing these entities; and
3.
				State agencies administering programs or engaged in activities that further
				neighborhood revitalization activities by such nonprofit corporations.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 49 - HOME ENERGY ASSISTANCE HANDBOOK › Subchapter 1 - GENERAL PROVISIONS › Section 5:49-1.1 - Fair Hearings-DCA

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any household is entitled to, and upon request
				will receive, an administrative review or a fair hearing if any of the following
				occurs:
1. The household's application is
				denied;
2. The household's application
				is neither approved nor denied within 30 days after application (or 20 days after
				application for elderly or disabled individuals), unless the delay was caused by the
				household's lack of cooperation in providing necessary and reasonable
				evidence;
3. The benefit is less than
				the household believes it should be; or
4. The benefit will be paid in a lesser amount
				than the household was notified.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 49 - HOME ENERGY ASSISTANCE HANDBOOK › Subchapter 1 - GENERAL PROVISIONS › Section 5:49-1.2 - Program funding

Current through Register Vol. 56, No. 14, July 15, 2024
Home Energy Assistance is funded entirely through a grant from
				  the U.S. Department of Health and Human Services. All payments authorized by this
				  chapter are contingent upon the availability of these funds.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 49 - HOME ENERGY ASSISTANCE HANDBOOK › Subchapter 1 - GENERAL PROVISIONS › Section 5:49-1.3 - Prudent person concept-DFD/DCA

Current through Register Vol. 56, No. 14, July 15, 2024
While this chapter attempts to minimize discretionary action on
				  the part of individuals administering Home Energy Assistance, there are situations
				  which are only generally covered by existing policy guidelines. In cases of this
				  nature, the County Welfare Agency (CWA) worker or community action agency (CAA) or
				  other non-profit agency worker shall be expected to make a judgment, based on his or
				  her experience and/or knowledge of the program, which can be defended as both
				  reasonable and prudent. Any such circumstance shall be fully documented in the case
				  record. Questionable situations for which the worker cannot make such judgment
				  should be referred to DCA or Department of Human Services (DHS).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 49 - HOME ENERGY ASSISTANCE HANDBOOK › Subchapter 1 - GENERAL PROVISIONS › Section 5:49-1.4 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
The CWA/CAA shall restrict the use or disclosure of information
				  obtained from applicant or recipient households to persons directly connected with
				  the administration of the Low Income Home Energy Assistance Program (LIHEAP) and
				  other governmental related programs. Additionally, data shared with fuel suppliers
				  is confidential and is only for purposes directly connected with the administration
				  of public assistance and the determination of eligibility for Universal Service Fund
				  (USF) and other energy assistance programs.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 49 - HOME ENERGY ASSISTANCE HANDBOOK › Subchapter 2 - PROGRAM ELIGIBILITY › Section 5:49-2.1 - General

Current through Register Vol. 56, No. 14, July 15, 2024
In order to receive Home Energy Assistance benefits, the
				  household must meet the eligibility requirements found in this chapter and must make
				  application in accordance with N.J.A.C. 5:49-4 (Application Process) or be entitled
				  to automatic payments in accordance with
				  5:49-3.1. All Home Energy Assistance
				  benefits must be used to offset current costs of home energy.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 49 - HOME ENERGY ASSISTANCE HANDBOOK › Subchapter 2 - PROGRAM ELIGIBILITY › Section 5:49-2.2 - Eligibility requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The household
				members shall be residents of New Jersey.
1. The
				term "household" means any individual or group of individuals who are living
				together as one economic unit for whom home energy is customarily provided in common
				or who make undesignated payments for energy in the form of rent. Specifically:
i. If there is one central source of residential
				heating (for example, one furnace) there is one household; except that,
(1) If there is one central source of residential
				heating but the building contains multiple dwelling units or apartments, each
				apartment may be considered a separate household; except that,
(2) If the building is a licensed boarding home,
				Residential Health Care Facility or community recognized boarding facility, each
				resident may be considered a separate household;
(3) If a business only (roomer-boarder)
				relationship exists, where one person is paying for living space in the dwelling of
				another, the roomer-boarder may be considered a separate household. For such
				relationship to be established, the payments for room and board must be reasonable,
				considering the total shelter and heating cost for the person supplying the room and
				board. Further, the relationship must be one which would immediately terminate if
				the payment between the parties ceased (see
				5:49-2.3(f)4  for
				limitations).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 49 - HOME ENERGY ASSISTANCE HANDBOOK › Subchapter 2 - PROGRAM ELIGIBILITY › Section 5:49-2.3 - Income eligibility-DCA/DHS

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to be
				income eligible for the program, a household's monthly gross earned and unearned
				income may not exceed the monthly allowable gross income limit for the household
				size. On an annual basis, the Department of Community Affairs shall revise the
				income guidelines based on the current Federal Poverty Index, which is published
				annually in the Federal Register by the Federal Department of Health and Human
				Services. The Department will use 175 percent of the current Federal Poverty Index
				as the maximum gross income amount for LIHEAP eligibility. However, income
				eligibility may not exceed 60 percent of the State median income.
(b) Regardless of income eligibility, the
				following households are not eligible for program benefits:
1. Persons residing in publicly operated housing
				unless the household can demonstrate that it has direct responsibility for payment
				of its heating costs. Energy costs included in rent which is subsidized do not
				qualify as out-of-pocket payments for heating costs;
2. Persons receiving a rent subsidy which includes
				all heating costs. Energy costs included in rent which is subsidized do not qualify
				as out-of-pocket payments for heating costs;
3. Persons for whom nonhousehold members pay for
				the costs of heating/cooling fuel;
4.
				Residents of any licensed medical facility (hospital, skilled nursing facility or
				intermediate care facility), publicly operated community residence, or center for
				the treatment of drug and/or alcohol abuse; and
5. Households consisting entirely of students who
				are tax dependents of another household.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 49 - HOME ENERGY ASSISTANCE HANDBOOK › Subchapter 3 - PROGRAM BENEFITS › Section 5:49-3.1 - Automatic payments to certain households

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Recipient
				households:
1. Certain households eligible for
				Supplemental Nutrition Assistance Program (NJ SNAP) will receive automatic payments
				based on the information regarding income, household size, heating arrangement, and
				fuel type contained in computer records maintained by the Division of Family
				Development (DFD). This information will be collected from the head of the household
				at each application, reapplication, or recertification for NJ SNAP and will be
				updated whenever the household reports a change. The automatic LIHEAP payment will
				be extracted from the DFD's Family Assistance Management Information System (FAMIS).
				The households that may be extracted include certain households eligible for and
				receiving NJ SNAP. The case must have an appropriate heating indicator and contain a
				payee with a valid Social Security number (SSN). The household must have a current
				monthly income that is less than or equal to the program's standards. Additionally,
				there must be no duplication of SSNs or any disqualifying information which would
				lead to non-selection of the case. Those households non-selected for an automatic
				payment may be eligible for benefits. They will receive a notice instructing them
				where to apply. Households that are responsible for primary fuel costs associated
				with residential heat shall receive a benefit based on the appropriate benefit level
				for the household's size, income, fuel type, and heating region. Additionally,
				Pharmaceutical Aid to the Aged and Disabled (PAAD) clients shall be screened for
				automatic LIHEAP eligibility utilizing the same criteria as NJ SNAP clients.
				Automatic LIHEAP client data shall be extracted from FAMIS and the Department of
				Health (DOH) PAAD database. Households extracted from these databases shall have an
				appropriate heating indicator and a valid Social Security number. The households
				must have a current monthly income that is less than or equal to the program's
				standard. Additionally, there will be no duplication of Social Security numbers or
				other disqualifying information which would lead to non-selection of the case.
i. Automatic payments will only be made during the
				heating season. Entitlements will be paid in one installment. Households which do
				not receive automatic payments must submit an application to receive HEA.
ii. The entitlement will be paid as a full benefit
				to all households.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 49 - HOME ENERGY ASSISTANCE HANDBOOK › Subchapter 3 - PROGRAM BENEFITS › Section 5:49-3.2 - Applications-DCA/CAA

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon application at
				the CAA or other non-profit agency, or outreach site, eligible households which have
				not received or will not receive automatic benefits in accordance with
				5:49-3.1, shall receive energy
				assistance in accordance with this section. In order to be eligible for home energy
				assistance, the household must be income eligible (see
				5:49-2.3 ).
(b) No home energy assistance shall be authorized
				to households whose heating costs are paid by others outside the
				household.
(c) No special assistance
				shall be authorized to households residing in publicly operated housing or receiving
				a rent subsidy, unless the household can demonstrate that it has direct
				responsibility for payment of its heating costs.
(d) Applications shall not be authorized for
				households residing in any licensed medical facility (hospital, skilled nursing
				facility or intermediate care facility), publicly operated community residence or
				center for the treatment of drug and/or alcohol abuse.
(e) Applications shall not be authorized for
				households consisting entirely of students who are tax dependents of another
				household.
(f) Households responsible
				for heating costs:
1. Households which are
				responsible for primary fuel costs associated with residential heat shall receive a
				benefit based on the household's size, income, fuel type and heating region, as
				referenced in 5:49-3.6.
i. Fuel types are electricity, natural gas, oil,
				propane, kerosene, coal, wood and heat included in rent.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 49 - HOME ENERGY ASSISTANCE HANDBOOK › Subchapter 3 - PROGRAM BENEFITS › Section 5:49-3.3 - Cooling assistance-DCA/CAA

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Income eligible
				households for which there is medical evidence that the health of at least one
				household member will be seriously endangered unless the household's living quarters
				are cooled, shall receive a one-time benefit in the amount of $ 100.00 subject to
				the following provisions. This benefit is available in addition to any other benefit
				made under this program and will be paid directly to the household.
1. The household must present evidence of health
				endangerment signed by a licensed medical practitioner.
2. In order to receive a cooling assistance
				benefit the household must be directly responsible for payment to the fuel supplier
				providing the fuel used for residential cooling; be otherwise directly responsible
				for the payment of fuel charges (e.g., the landlord bills the households according
				to usage); or make payment for cooling costs which are included in a single monthly
				rental charge.
3. The following
				households are not eligible for cooling assistance payments:
i. Households residing in publicly operated
				housing or receiving a rent subsidy which includes all cooling costs. Energy costs
				included in rent which is subsidized do not apply as out-of-pocket for cooling
				costs;
ii. Households for whom
				nonhousehold members pay for the cooling fuel;
iii. Residents of any licensed medical facility
				(hospital, skilled nursing facility or intermediate care facility) or publicly
				operated community residence and residents of centers for treatment of drug and/or
				alcohol abuse;
iv. Households consisting
				entirely of students who are tax dependents of another household.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 49 - HOME ENERGY ASSISTANCE HANDBOOK › Subchapter 3 - PROGRAM BENEFITS › Section 5:49-3.4 - Emergency energy assistance-CAA

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Emergency energy
				assistance is available to HEA eligible households and is subject to the following
				conditions:
1. An energy emergency shall exist when
				a household is without heat or is in danger of being without heat and has
				insufficient income available to purchase fuel or when a household which pays for
				heating costs which are included in a monthly rental charge is faced with eviction
				due to nonpayment of rent.
2. The
				emergency must be verified by client affidavit and collateral contact where this is
				possible and deemed necessary by the CAA or other non-profit agency.
3. The amount of any emergency assistance payment
				shall be the lowest amount charged for the service performed by the household's
				energy supplier or for the purchase of fuel, but shall not exceed $ 400.00 for the
				initial purchase of fuel oil, electricity, natural gas, bottled gas, kerosene, wood
				or coal. The fee for restoration of utility service shall be counted toward the $
				400.00 maximum amount for the initial purchase of electricity or natural gas. An
				additional emergency benefit of up to $ 200.00 may be issued dependent on
				need.
4. The client shall be required to
				account for the use of all funds received under the program prior to the request for
				emergency assistance. The CAA or other non-profit agency shall evaluate the request
				for emergency assistance with the understanding that any benefits previously
				provided to the client under this section or
				5:49-3.1, Automatic payments to certain
				households--DFD, and
				5:49-3.2, Applications--DCA/CAA, were
				intended to defray the cost of home heating fuel for the current heating season or
				to defray heating costs which are included in a monthly rental charge.
5. The CAA or other non-profit agency shall, no
				later than 48 hours after a household or its representative signs the declaration of
				energy emergency, provide some form of assistance that will resolve the energy
				crisis if such household is eligible to receive such benefits.
6. The CAA or other non-profit agency shall also,
				not later than 18 hours after a household or its representative signs the
				declaration of energy emergency, provide some form of assistance that will resolve
				the crisis if such household is eligible to receive such benefits and is in a
				life-threatening situation.
7. All
				emergency energy assistance is subject to the availability of funds.
8. Emergency energy assistance will be authorized
				only during the months of December, January, February, March and April. Emergency
				assistance will be available for all fuel sources except electric and gas until
				March 15. Utility and gas emergencies will be available until April 30.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 49 - HOME ENERGY ASSISTANCE HANDBOOK › Subchapter 3 - PROGRAM BENEFITS › Section 5:49-3.5 - Maximum program benefit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An eligible
				household may receive a maximum of $ 1,400 in program benefits to include automatic
				or special payments plus any emergency assistance payments exclusive of emergency
				rehousing payments and emergency furnace repair payments. A household which receives
				more than the maximum program benefit is subject to recoupment procedures in
				accordance with 5:49-5.3.
(b) Cooling assistance payments in accordance with
				5:49-3.3 and emergency temporary
				rehousing payments in accordance with
				5:49-3.4(e)  are not
				counted toward the maximum program benefit.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 49 - HOME ENERGY ASSISTANCE HANDBOOK › Subchapter 3 - PROGRAM BENEFITS › Section 5:49-3.6 - Determination of benefits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The HEA program
				provides for heating, medically necessary cooling, emergency heating, supplemental
				heating, emergency supplemental heating, and emergency supplemental assistance
				cooling. The amount of available funds under these various assistance programs shall
				be determined as follows:
1. Annually, the amount
				of funds available for LIHEAP is determined by New Jersey's LIHEAP allocation from
				the USDHHS, any USDHHS leveraging funds awarded, and any unspent funds from the
				previous year which are carried forward. From these monies, an amount not to exceed
				15 percent of available funding is transferred to the Department of Community
				Affairs for weatherization. In addition, an amount not to exceed 10 percent of
				available funding is allocated for the cost of program administration, to be shared
				by both DCA and DHS. Benefits are then determined after setting aside funds for
				heating emergencies and medically necessary cooling. These amounts are based on the
				number of eligible households assisted in prior years and the level of funding
				available in the current fiscal year. The highest benefit shall be issued to those
				households with the lowest incomes and the highest energy costs or needs in relation
				to income and household size.