reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44 - LOCAL HOUSING AUTHORITY AND MUNICIPAL REDEVELOPMENT AGENCY TRAINING PROGRAM AND EXECUTIVE DIRECTOR REVIEW › Subchapter 3 - GENERAL PROCEDURES › Section 5:44-3.1 - Employment requirements for executive directors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The housing
				authority or redevelopment agency shall appoint and employ an individual as
				executive director, who shall be its secretary. The executive director shall serve
				at the pleasure of the board or, at the discretion of the board, may serve under a
				contract entered into pursuant to
				P.L.
				1999, c. 240,
				40A:12A-18. The executive director may
				be relieved of his or her duties only after not less than 120 days' notice.
1. No more than three housing authorities may
				jointly employ and share the management services of an executive director qualified
				under 40A:12A-18 upon the written consent
				and agreement of the involved authorities and the executive director, who shall
				divide his or her time among the authorities.
i.
				The shared services agreement shall remain in effect so long as the arrangement is
				not adverse to the efficient management of the facilities or the services provided
				to residents. A board may terminate the agreement in accordance with provisions in
				the shared services contract upon a determination that the operation and management
				of the authority fails to meet the board's objectives.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44 - LOCAL HOUSING AUTHORITY AND MUNICIPAL REDEVELOPMENT AGENCY TRAINING PROGRAM AND EXECUTIVE DIRECTOR REVIEW › Subchapter 3 - GENERAL PROCEDURES › Section 5:44-3.2 - Board composition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The board of each
				local housing authority shall consist of seven members, one appointed by the mayor
				or chief executive officer of a municipality, five by the governing body, and one
				member appointed by the Commissioner of the Department, in accordance with the
				guidelines prescribed in
				40A:12A-17.
1. Members shall serve for terms of five years and
				until their successors have been appointed and qualified (that is, sworn). However,
				members who are not in compliance with the training requirements shall not continue
				to serve as holdovers when their terms expire or they are deemed resigned.
2. State-appointed members may be removed from
				office only by the appointing agency. An aggrieved authority may petition the
				Department for removal of a State appointee for "inefficiency or neglect of duty."
				The appointee is entitled to a fair hearing.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44 - LOCAL HOUSING AUTHORITY AND MUNICIPAL REDEVELOPMENT AGENCY TRAINING PROGRAM AND EXECUTIVE DIRECTOR REVIEW › Subchapter 3 - GENERAL PROCEDURES › Section 5:44-3.3 - Board vacancies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The DCA Commissioner
				is empowered to fill board vacancies caused by a member's term expiration,
				resignation, removal or death, which remain unfilled or occupied by a "holdover" for
				120 days or more. After a vacancy has occurred for 90 days, the DCA Commissioner
				shall notify the governing body or chief executive officer of his or her intent to
				fill the vacancy. If it is not filled within the following 30-day period, the DCA
				Commissioner may appoint a member for the unexpired term. At the expiration of the
				term, resignation, death or removal of the DCA Commissioner's appointment, the right
				of appointment will revert to the appointing agent.
1. Members appointed to fill a vacant position
				created by an unexpired term or a delayed appointment shall serve for the balance of
				that five-year term.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44 - LOCAL HOUSING AUTHORITY AND MUNICIPAL REDEVELOPMENT AGENCY TRAINING PROGRAM AND EXECUTIVE DIRECTOR REVIEW › Subchapter 3 - GENERAL PROCEDURES › Section 5:44-3.4 - Enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				take appropriate action to remove an individual or otherwise gain compliance with
				the statutes or rules. This appropriate action shall include, but not be limited to,
				issuing administrative orders or notices or instituting or causing to be instituted
				any necessary legal proceedings. The Department shall take such action if it
				determines that an executive director, a commissioner, or the board of a local
				housing authority or municipal redevelopment agency:
1. Has obtained the LHA/MRA Training Program
				Certificate of Completion by fraud or misrepresentation;
2. Has fraudulently or deceitfully accepted
				appointment as an executive director or served as a commissioner;
3. Has been appointed or is in violation of the
				statute and this chapter;
4. Has failed
				to satisfy the minimally acceptable level of training required by these
				rules;
5. Has made a false or misleading
				written statement, or has made a material omission in any submission to the
				Department; or
6. Has failed to comply
				with any order issued by the Department.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44 - LOCAL HOUSING AUTHORITY AND MUNICIPAL REDEVELOPMENT AGENCY TRAINING PROGRAM AND EXECUTIVE DIRECTOR REVIEW › Subchapter 4 - ESTABLISHMENT OF TRAINING PROGRAM › Section 5:44-4.1 - Scope; intent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				shall control all matters pertaining to the organization and development of the
				mandatory training program for executive directors and commissioners of local
				housing authorities and municipal redevelopment agencies.
(b) This chapter is intended to implement the
				"Redevelopment and Housing Law," P.L. 1992, c.79 (40A:12A-1 et seq.) the purpose of
				which includes ensuring the diligent oversight and administration of local housing
				authorities and municipal redevelopment agencies and providing the executive
				directors and commissioners of these entities with comprehensive training in topics
				related to the operation and management of public housing, publicly assisted
				housing, and redevelopment agencies. The establishment of a LHA/MRA Training Program
				is intended to facilitate the effective training of executive directors and
				commissioners.
(c) The purpose of this
				subchapter and of N.J.A.C. 5:44-3 are as follows:
1. To establish a LHA/MRA Training
				Program;
2. To require all persons
				assuming the position of executive director or commissioner of a local housing
				authority or municipal redevelopment agency to receive appropriate training, as
				provided in this subchapter and in N.J.A.C. 5:44-3; and
3. To establish standards and qualifications for
				persons serving in the capacity of executive director of a local housing authority
				or municipal redevelopment agency.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44 - LOCAL HOUSING AUTHORITY AND MUNICIPAL REDEVELOPMENT AGENCY TRAINING PROGRAM AND EXECUTIVE DIRECTOR REVIEW › Subchapter 4 - ESTABLISHMENT OF TRAINING PROGRAM › Section 5:44-4.2 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this subchapter and N.J.A.C. 5:44-3 shall apply
				  to all executive directors and commissioners of local housing authorities and
				  municipal redevelopment agencies who are currently serving or who are appointed or
				  employed subsequent to June 5, 1995.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44 - LOCAL HOUSING AUTHORITY AND MUNICIPAL REDEVELOPMENT AGENCY TRAINING PROGRAM AND EXECUTIVE DIRECTOR REVIEW › Subchapter 4 - ESTABLISHMENT OF TRAINING PROGRAM › Section 5:44-4.3 - Standards for training program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to
				competently perform their individual responsibilities and effectively enforce the
				"Redevelopment and Housing Law," P.L. 1992, c.79 (40A:12A-1 et seq.) at the local level,
				executive directors and commissioners must be fully knowledgeable about issues
				affecting the redevelopment process, public and publicly-assisted housing and their
				residents. Financial management, construction management and code compliance, ethics
				and legal issues affect the effective and efficient operation of local housing
				authorities and municipal redevelopment agencies. This subchapter adopts standards
				governing the creation and implementation of the LHA/MRA Training Program.
(b) The standards for the development and
				administration of the course curriculum shall be prescribed and enforced by the DCA
				Commissioner. The course curriculum is designed to enhance the knowledge and
				technical and administrative expertise of executive directors and commissioners
				exercising policy oversight and administrative and management responsibility for the
				operations of local housing authorities and municipal redevelopment
				agencies.
(c) LHA/MRA Training Program
				courses shall be scheduled in both the spring and fall semesters in various
				locations throughout the State of New Jersey. A full course curriculum will be
				offered for at least two years after the promulgation of the rules. In subsequent
				years, the Department will analyze the demand for continued training, estimate
				potential annual enrollments and structure the availability, location and selection
				of courses to sufficiently address the demand.
(d) State-approved courses may be offered for
				accreditation by other organizations only with the express written consent of the
				Department. The Department shall not provide course credit to any participant who
				completes courses offered by an institution or organization which has not been so
				approved by the State at the time the course is offered.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44A - LOCAL HOUSING AUTHORITY CRIME REPORTS › Subchapter 1 - GENERAL PROVISIONS › Section 5:44A-1.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of the rules is to provide for the annual reporting
				  to the Department of Community Affairs and to the Legislature information on violent
				  crimes and drug offenses occurring on covered property.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44A - LOCAL HOUSING AUTHORITY CRIME REPORTS › Subchapter 1 - GENERAL PROVISIONS › Section 5:44A-1.3 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
These rules shall apply to any local housing authority created or
				  continued pursuant to the Local Redevelopment and Housing Law,
				  40A:12A-1 et seq., that owns and
				  manages low-income units and to owners of property of 10 or more rental units
				  receiving project-based Federal rental assistance, hereinafter "project-based
				  housing."
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44A - LOCAL HOUSING AUTHORITY CRIME REPORTS › Subchapter 1 - GENERAL PROVISIONS › Section 5:44A-1.4 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
All the definitions in the Redevelopment and Housing Law,
				  40A:12A-1 et seq., and in N.J.A.C.
				  5:44 are incorporated in this section by reference. In addition, the following words
				  and terms shall have the following meanings, unless the context clearly indicates
				  otherwise:
"Controlled dangerous substance" means a drug, substance, or
				  immediate precursor and shall include controlled substance analogs. The term shall
				  not include distilled spirits, wine, malt beverages, or tobacco and tobacco
				  products.
"Controlled substance analog" means a substance that has a
				  chemical structure substantially similar to that of a controlled dangerous substance
				  and is specifically designed to produce an effect substantially similar to that of a
				  controlled dangerous substance.
"Covered properties" means public housing authority property and
				  project-based housing of 10 or more rental units.
"Drug offenses" means those offenses enumerated in the
				  Comprehensive Drug Reform Act of 1987, N.J.S.A 2C:35-36.1 et al., and involving the
				  unlawful use, possession, manufacture, dispensing or distribution of a controlled
				  dangerous substance or analog or drug paraphernalia.
"Project-based housing" means multi-family property of 10 or more
				  units receiving project-based Federal section 8 rental assistance.
"Reportable crimes" means those violent crimes and drug offenses
				  defined in this section that shall be included in the "Public Housing Crime Report"
				  to the Department (see chapter Appendix).
"Violent crimes" means those crimes delineated in the most
				  recently issued Uniform Crime Report, published by the Department of Law and Public
				  Safety, according to the following categories: Homicide, Rape, Robbery and
				  Aggravated Assault. The Report can be obtained electronically on the web from the
				  Office of the Attorney General at
http://www.state.nj.us/lps/publications.htm
.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44A - LOCAL HOUSING AUTHORITY CRIME REPORTS › Subchapter 1 - GENERAL PROVISIONS › Section 5:44A-1.5 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any provision of these rules or the application thereof to any
				  person or circumstance is held invalid, the invalidity shall not affect other
				  provisions or applications of the rules, and the rules shall remain in effect in all
				  valid provisions that are severable, and to this end, the provisions of the rules
				  are severable.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44A - LOCAL HOUSING AUTHORITY CRIME REPORTS › Subchapter 2 - REPORTING REQUIREMENTS AND ADMINISTRATION › Section 5:44A-2.1 - Reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No later than
				September 1 of each year, executive directors and owners of covered property shall
				prepare and submit to the Department a report on the violent crimes and drug
				offenses committed on their property. The reporting period shall cover the 12 months
				from July 1 to June 30 immediately preceding the report. The report shall be
				prepared by completing the "Public Housing Crime Report" form provided by the
				Department and set forth herein as the chapter Appendix, incorporated herein by
				reference.
(b) By January 1 of each
				year, the Commissioner of Community Affairs shall prepare and distribute to each
				member of the Legislature a report that compiles and analyzes the information
				submitted.
(c) Owners of project-based
				housing properties located in different municipalities shall complete a separate
				report for properties in each municipality. Covered properties in each municipality
				may be aggregated for reporting purposes.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44A - LOCAL HOUSING AUTHORITY CRIME REPORTS › Subchapter 2 - REPORTING REQUIREMENTS AND ADMINISTRATION › Section 5:44A-2.2 - Procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Housing authorities
				and project-based housing entities shall cooperate with local law enforcement
				agencies to obtain information on violent crimes and drug offenses consistent with
				New Jersey's Uniform Crime Reporting Program. Law enforcement agencies shall be
				provided the addresses of covered properties owned at any time during the preceding
				12-month reporting period with a request to provide the number and type of violent
				crimes and drug offenses committed on each of these properties.
(b) Information from law enforcement agencies
				shall be used to complete the "Public Housing Crime Report." The completed report
				shall be signed by the executive director and chairman of the housing authority or
				by the owner or manager of project-based housing and submitted no later than
				September 1st to the Department of Community Affairs, Division of Housing and
				Community Resources, 101 S. Broad St., PO Box 051, Trenton, NJ 08625, Attn. PHA
				Program Manager.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44A - LOCAL HOUSING AUTHORITY CRIME REPORTS › Subchapter 2 - REPORTING REQUIREMENTS AND ADMINISTRATION › Section 5:44A-2.3 - Compliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each housing
				authority and project-based housing entity is required to make a reasonable effort
				to obtain and accurately report the information requested. An authority or entity is
				deemed to have met its obligation in accordance with
				52:27D-3.4 if it secures violent crime
				and drug offense information from the local law enforcement agency on the properties
				it owns.
(b) A housing authority or
				project-based housing entity unable to provide the requested information shall
				submit a certification signed by the law enforcement agency official responsible for
				maintaining crime records stating that the information requested is unavailable.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44A - LOCAL HOUSING AUTHORITY CRIME REPORTS › Subchapter 2 - REPORTING REQUIREMENTS AND ADMINISTRATION › Section 5:44A-2.4 - Enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				take appropriate action to gain compliance with this chapter. This appropriate
				action shall include, but is not limited to, issuing administrative orders or
				notices or instituting or causing to be instituted any necessary legal proceedings.
				The Department shall take such action if it determines that an executive director or
				owner of covered property:
1. Has fraudulently or
				deceitfully reported false information in violation of the statute and this chapter;
				or
2. Has failed to comply with any
				order issued by the Department.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44A - LOCAL HOUSING AUTHORITY CRIME REPORTS › Subchapter 2 - REPORTING REQUIREMENTS AND ADMINISTRATION › Section 5:44A-2.5 - Right of appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any housing
				authority or person aggrieved by any notice, action or order under this chapter
				concerning reporting requirements may appeal by submitting a written hearing request
				to the Hearing Coordinator, DCA, PO Box 802, Trenton, NJ 08625. The hearing shall be
				conducted by the Office of Administrative Law pursuant to the Administrative
				Procedure Act, 52:14B-1 et seq., and the Uniform
				Administrative Procedure Rules, N.J.A.C. 1:1, and the final decision shall be issued
				by the Commissioner.
(b) All hearing
				requests shall be signed by the aggrieved party and shall include:
1. The date of the action that is the subject of
				the appeal;
2. The name, title and
				status of the person submitting the appeal;
3. The action claimed to be in error;
				and
4. A concise statement of the basis
				for the appeal.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 45 - WINTER TERMINATION PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 5:45-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to implement a Winter Termination
				  Program to prevent service discontinuation for eligible residential customers
				  receiving residential electric, sewer, and water service from a local authority,
				  municipal utility, or rural electric cooperative from November 15 through March
				  15.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 45 - WINTER TERMINATION PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 5:45-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter, shall have
				  the following meanings, unless the context clearly indicates otherwise.
"Board" means the Board of Public Utilities.
"Department" means the Department of Community Affairs.
"Local authority" means an authority, as defined in section 3 at
				  P.L.
				  1983, c. 313 (N.J.S.A.
				  40A:5A-3), or a water district established
				  pursuant to N.J.S.A. 40:62-96 et seq., that
				  provides electric, sewer, or water service.
"Municipal utility" means a municipal public utility, as defined
				  at N.J.S.A.
				  40A:1-1, that provides electric, sewer, or water
				  service.
"Program" means the Winter Termination Program.
"Residential customer" means a residential customer of record of a
				  local authority, municipal utility, or rural electric cooperative, or any
				  residential tenant of a residence, where the owner or any agent or other
				  representative of the owner of the residence is a non-residential customer of record
				  of a local authority, municipal utility, or rural electric cooperative.
"Vendor" means the local authority, municipal utility, or rural
				  electric cooperative that provides electric, sewer, or water service, as relevant to
				  a particular residential customer.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 45 - WINTER TERMINATION PROGRAM › Subchapter 2 - UTILITY SHUTOFF PROTECTIONS › Section 5:45-2.1 - Utility shutoff protections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A vendor shall
				not discontinue service during the period from November 15 through March 15 to those
				residential customers who demonstrate, at the time of the intended termination that
				they are:
1. Recipients of benefits pursuant to the
				Federal Home Energy Assistance Program (HEAP) or certified as eligible therefor,
				pursuant to standards set by the New Jersey Department of Community
				Affairs;
2. Recipients of Temporary
				Assistance to Needy Families (TANF);
3.
				Recipients of Federal Supplemental Security Income (SSI);
4. Recipients of Pharmaceutical Assistance to the
				Aged and Disabled (PAAD);
5. Recipients
				of General Assistance (GA) benefits;
6.
				Recipients of the Universal Service Fund (USF);
7. Recipients of the Low-Income Household Water
				Assistance Program;
8. Recipients of
				benefits pursuant to the Lifeline Credit Program;
9. Persons unable to pay their utility bills
				because of circumstances beyond their control.
i.
				Circumstances pursuant to this paragraph shall include, but not be limited to,
				unemployment, illness, medical-related expenses, recent death of an immediate family
				member, or any other circumstances that might cause financial hardship; or
10. A participant in any other State or
				local program that provides assistance, specifically, to help eligible customers pay
				electric, sewer, or water bills.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 46 - NEW JERSEY INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 5:46-1.1 - Title, scope; purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter shall
				be known as the "New Jersey Individual Development Account Program Rules."
(b) The scope of this chapter includes the
				following:
1. Policies concerning the establishment
				of individual development accounts;
2.
				Minimum standards for economic literacy education;
3. Selection criteria and requirements for
				participating community-based organizations; and
4. Eligibility criteria for individual
				participants.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 46 - NEW JERSEY INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 5:46-1.3 - Participation criteria for organizations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to qualify
				for approval for participation in the Program, a community-based organization shall
				demonstrate, to the satisfaction of the Department, that it meets the following
				criteria:
1. It shall qualify as a tax-exempt,
				not-for-profit organization under sections 501(a) and 501(c)(3) of the U.S. Internal
				Revenue Service;
2. It shall maintain
				sufficient facilities that are reasonably accessible to account holders, including
				people with disabilities;
3. It shall
				have human and material resources sufficient to implement the Program in its local
				community and shall have a history of providing service to low-income persons in
				that community and of success in raising funds for that purpose. If it is a new
				organization, it shall have staff and board members who have had such experience in
				other organizations;
4. It shall present
				a workable plan for development, implementation and management of an individual
				development account program in the community, which plan shall include endorsement
				from at least one cooperating local financial institution. The plan shall indicate
				the length of time, in months and years, of the operation of the program by the
				organization, taking into account the resources that are or will be
				available;
5. It shall offer a
				comprehensive economic literacy program suited to the needs of the participating
				individuals, either with its own staff or under a proposed agreement with a
				qualified provider organization;
6. It
				shall identify the target population, together with a workable plan to exceed, to
				the extent that it shall identify, the minimum requirement of 33.3 percent
				participation by current or former WorkFirst New Jersey recipients pursuant to
				P.L.
				1997, c. 38 (44:10-55 et seq.), or Aid to Families
				with Dependent Children recipients, or Temporary Assistance for Needy Families
				(TANF) recipients pursuant to
				42 U.S.C.
				§§
											601 et seq. when using Federal TANF
				funding; and
7. It shall demonstrate
				that it has made a good faith effort to develop a satisfactory working relationship
				with the WorkFirst New Jersey Program and with the Workforce Investment Board of the
				county in which the community is located; and
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 46 - NEW JERSEY INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 5:46-1.4 - Trust accounts for individuals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A community-based
				organization participating in the Program shall maintain a separate trust account in
				a financial institution as defined by the Multiple Party Deposit Account Act, P.L.
				1979, c.491, N.J.S.A 17:16I-1 et seq. The trust account shall be an interest-bearing
				savings instrument bearing rates and fees at least as favorable to the depositor as
				the best terms available to other customers with similar accounts at each
				participating financial institution.
(b)
				To the extent that available funding, including funding from both public and
				non-public sources, may allow, the match rate shall be at least one dollar for each
				dollar deposited by the account holder into a supervised savings account.
1. Matching trust account deposits shall only be
				made for income earned by the individual and not deposited by any third party.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 46 - NEW JERSEY INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 5:46-1.5 - Supervised savings accounts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The community-based
				organizations shall apply criteria for minimum and maximum levels of deposit that
				have been approved by the Department. These criteria shall be determined based upon
				the circumstances of the population to be served; provided, however, that in all
				cases the minimum level of deposit shall be not less than $ 10.00 per
				month.
(b) Deposits in excess of $ 1,500
				per year shall not be eligible for matching funds.
(c) No withdrawal of funds from any supervised
				savings account shall be permitted by a financial institution without signatures of
				both the account holder and an authorized representative of the community-based
				organization.
1. Prior to consenting to any
				withdrawal of funds, a representative of the community-based organization shall
				discuss with the account holder the consequences of the intended withdrawal of
				funds. The community-based organization shall not unreasonably withhold its consent
				to the withdrawal.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 46 - NEW JERSEY INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 5:46-1.6 - Time limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An account holder
				who wishes to withdraw money from a supervised savings account and receive matching
				funds from the matching trust account shall give to the community-based organization
				serving as trustee not less than 30 days advanced notice of intent to make such
				withdrawal.
(b) In order to be eligible
				to withdraw funds from the supervised savings account and receive matching funds
				from the trust account, an account holder must first maintain the supervised savings
				account until he or she satisfactorily completes the financial education course and
				asset-specific training program.
1. The Department
				may, at its discretion, set specific criteria governing withdrawal of funds from the
				supervised savings account and receipt of matching funds prior to the satisfactory
				completion of the financial education course and asset-specific training program to
				allow an account holder to attain an asset-specific goal.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 46 - NEW JERSEY INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 5:46-1.7 - Financial education

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each account holder
				shall be required to satisfactorily complete a financial education course and an
				asset-specific training program in one of the three qualified areas under
				5:46-1.5(d), sponsored
				by the participating community-based organization.
(b) Community-based organizations may use either
				their own staff or a qualified provider organization to teach financial education
				courses and asset-specific training programs to account holders.
(c) Upon being approved for funding by the
				Department, any qualified provider organization, or any community-based organization
				that wishes to use its own staff to teach financial education courses and
				asset-specific training programs, shall submit its proposed course and program to
				the Department for approval at least 60 days prior to the first session. The
				application for approval may be in letter form.
(d) Each application for course and program
				approval shall be submitted in the name of the organization by a person authorized
				by the governing board to do so and shall, at a minimum, contain the following
				information:
1. A description of the length of each
				session, the frequency of the sessions and the total number of sessions;
2. An outline of the course and program content,
				broken down by session;
3. A description
				of any materials or texts to be used;
4.
				A statement of the qualifications of the person(s) who will be teaching the course
				and program;
5. A statement of how often
				the course and program will be offered;
6. A statement that the organization will notify
				the Department if the course and program is withdrawn or changed in any
				way;
7. A statement that, if the course
				and program is taught by a qualified provider organization, it will inform the
				community-based organization whenever a participant withdraws from the
				training;
8. A statement that the
				organization will conduct the course and program in accordance with the Act, this
				chapter and any directives that the Department may issue pursuant thereto;
				and
9. A statement of any rules or
				requirements of the organization with which account holders must comply.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 1 - GENERAL PROVISIONS › Section 5:47-1.1 - Statement of purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of these
				rules is to implement the provisions of the Neighborhood Revitalization State Tax
				Credit Act, P.L.
				2001, c. 415 (52:27D-490 et seq.).
(b) The purpose of the Neighborhood Revitalization
				State Tax Credit Act is to foster the revitalization of New Jersey's low-and
				moderate-income neighborhoods through comprehensive strategies driven by residents
				and other public and private stakeholders within the neighborhood; specifically:
1. To encourage community-based neighborhood
				planning;
2. To provide flexible
				resources for community-based organizations to carry out strategies established in
				neighborhood plans;
3. To build the
				capacity of local and community-based organizations to carry out neighborhood
				revitalization activities;
4. To attract
				private investment into New Jersey's low-and moderate-income neighborhoods;
				and
5. To foster ongoing partnerships
				between private corporations and community-based development organizations.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 2 - ELIGIBILITY OF BUSINESS ENTITIES FOR TAX CREDIT › Section 5:47-2.1 - Eligibility for tax credits

Current through Register Vol. 56, No. 14, July 15, 2024
A business entity shall be eligible for a certificate for
				  neighborhood revitalization State tax credits if it agrees to provide funding for a
				  qualified project that has been approved in accordance with
				  sections
				  4 and
				  5 of
				  P.L.
				  2001, c. 415 (52:27D-493 and 494) and complies with
				  the provisions of N.J.A.C. 5:47-6.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 2 - ELIGIBILITY OF BUSINESS ENTITIES FOR TAX CREDIT › Section 5:47-2.2 - Tax credit allowable

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Credits may be
				granted in an amount up to 100 percent of the approved assistance provided to a
				nonprofit organization to implement a qualified neighborhood preservation and
				revitalization project.
(b) The credit
				may be applied by the business entity receiving the certificate as credit against
				tax imposed on business related income, including, but not limited to, business
				income subject to the provisions of the Corporation Business Tax Act (1945), P.L.
				1945, c. 162 (54:10A-1 et seq.), the New Jersey Gross
				Income Tax Act,
				54A:1-1 et seq., the Savings
				Institution Tax Act, P.L. 1973, c. 31 (N.J.S.A. 54:10D-1 et seq.), the tax imposed
				on marine insurance companies pursuant to N.J.S.A. 54:161 et seq., the tax imposed
				on insurers generally, pursuant to P.L. 1945, c. 132 (54:18A-1 et seq.), the sewer and water
				utility excise tax imposed pursuant to section 6 of P.L. 1940, c. 5 (54:30A-54 ) and the petroleum products
				gross receipts tax imposed pursuant to section 3 of P.L. 1990, c. 42 (54:15B-3 ).
1. For a taxpayer applying credit to liability due
				pursuant to the New Jersey Gross Income Tax Act,
				54A:1-1 et seq., the credit allowed
				pursuant to this section shall only be applied to the amount of gross income tax
				liability for the taxable year that, as a percentage of gross income tax liability,
				is equal to the percentage of the taxpayers gross income that is attributable to the
				taxpayers business entity through which the taxpayer provided the funding for the
				qualified project. For purposes of determining the amount of gross income tax
				liability to which a credit allowed pursuant to this section may be applied, gross
				income shall be calculated without the application of exclusions or
				deductions.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 3 - NEIGHBORHOOD REVITALIZATION PLAN › Section 5:47-3.1 - Submission of plan

Current through Register Vol. 56, No. 14, July 15, 2024
In order for an entity to be eligible to receive a tax credit
				  pursuant to P.L.
				  2001, c. 415 (52:27D-490 et seq.), the nonprofit
				  organization which is to be the recipient of funding provided by the entity shall
				  submit a neighborhood revitalization plan to the Department for approval which shall
				  meet the requirements of this subchapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 3 - NEIGHBORHOOD REVITALIZATION PLAN › Section 5:47-3.2 - Eligible neighborhood

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The neighborhood and
				revitalization plan shall be for an eligible neighborhood as defined in this
				section. No more than one plan shall be approved by the Department for any
				neighborhood or part of a neighborhood, and no areas shall be subject to more than
				one approved neighborhood plan. If a plan is submitted for a neighborhood which
				contains within its boundaries all or part of any other neighborhood for which a
				plan has already been submitted and approved by the Department, the entity shall be
				required to amend and resubmit the plan to exclude that area for which a plan has
				already been submitted and approved by the Department. In the event that the area of
				duplication is de minimis, that is, contains less than 10 percent of the area
				covered by either plan, the Department will conduct its review of the plan, but will
				withhold final action to approve the plan until it has been modified to remove the
				duplication.
(b) An eligible
				neighborhood shall be located within an eligible municipality, or in parts of two or
				more municipalities, all of which shall be eligible municipalities, and shall have
				boundaries that are, to the extent reasonably feasible, recognized by the
				municipality and/or by the residents of the neighborhood, and incorporate to the
				extent reasonably feasible clearly defined lines of demarcation such as railroad
				lines, streams, major streets, or industrial areas.
(c) At least 50 percent of the households in the
				neighborhood as determined by the most recent Census of Population shall be of low
				and moderate income and at least 25 percent of the households in the neighborhood
				shall be of low income, as defined in
				5:47-1.2. For purposes of making this
				determination, the entity preparing the plan may use Census median household income
				data without respect to household size.
(d) The plan shall provide written justification
				for the definition of the neighborhood, including the size of the neighborhood.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 3 - NEIGHBORHOOD REVITALIZATION PLAN › Section 5:47-3.5 - Plans already completed or underway as of March 15, 2004

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Some eligible
				nonprofit organizations have already completed neighborhood revitalization plans for
				eligible neighborhoods prior to March 15, 2004, or have initiated such plans and
				made substantial progress toward their completion. It is the intent of this section
				of these rules to permit such plans to obtain approval from the Department, where
				they are generally consistent in intent and scope with these rules, without imposing
				undue hardship on eligible organizations or requiring them to duplicate activities
				previously carried out.
(b) Process. If
				the following information is not contained in the plan, the applicant shall attach a
				report describing the manner in which the plan was developed or is being developed,
				including, but not limited to:
1. The means used
				or being used to inform residents, property owners and businesses of the plan, and
				the manner in which they were provided with an opportunity to comment on
				it;
2. The manner in which notice was
				provided or is being provided to the municipality or municipalities in which the
				neighborhood is located; and
3. The
				manner in which the nonprofit organization submitting the plan consulted with or is
				consulting with other organizations located in the neighborhood or providing
				services to residents of the neighborhood.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 3 - NEIGHBORHOOD REVITALIZATION PLAN › Section 5:47-3.6 - Approval of other plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A nonprofit
				organization may, in submitting a proposed neighborhood revitalization plan pursuant
				to this subchapter, adopt a redevelopment plan adopted pursuant to the Local
				Redevelopment and Housing Law, P.L. 1992, c.79 (40A:12A-1 et seq.) and currently being
				implemented; or a State-approved neighborhood empowerment plan adopted pursuant to
				section
				49 of
				P.L.
				1996, c. 62 (55:19-64 ), or a neighborhood
				preservation and revitalization plan previously approved by the Department, as its
				neighborhood revitalization plan. In so doing, the non-profit organization
				submitting the plan shall provide documentation that the area covered by the plan
				meets the criteria for an "eligible neighborhood" as set forth in
				5:47-3.2, and shall provide
				supplementary material as set forth in
				5:47-3.4(b)  to the
				extent that any such information is not contained in the plan being
				submitted.
(b) A nonprofit organization
				may submit a plan, based on any of the plans set forth in (a) above, which
				supplements that plan with additional elements; for example, since a redevelopment
				plan customarily addresses only physical improvements to a neighborhood, the
				organization may want to supplement it with additional elements such as economic
				development, education, etc. In such case, the organization submitting the plan
				shall provide documentation that the process by which the supplemental elements of
				the plan were developed was consistent with the standards and requirements of
				5:47-3.3.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 3 - NEIGHBORHOOD REVITALIZATION PLAN › Section 5:47-3.7 - Amendments to plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A nonprofit
				organization that has submitted a neighborhood revitalization plan to the Department
				may amend the plan at any time.
(b) The
				process by which the amendment is prepared shall be consistent with the procedural
				requirements of 5:47-3.3, with the scope of the
				notification and participatory process proportional to the scope of the amendment
				and the extent to which it materially changes the direction or priorities of the
				plan previously submitted. For example, should the organization propose a
				fundamental redirection of its housing or economic development strategy, such an
				amendment should only be submitted after an extended participatory process has been
				followed; alternatively, a minor amendment such as a change in use of a specific
				small site need not be the subject of an extended process, except for notification
				of directly interested parties, including the municipality, and giving them the
				opportunity to comment on the proposed change prior to submission of the amendment
				to the Department.
(c) The organization
				shall document the process followed with respect to the amendment. The Department
				may require the organization to resubmit the amendment after carrying out a more
				extensive participatory process if it finds that the extent of the process followed
				is clearly inadequate in light of the substantive scope of the amendment.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 3 - NEIGHBORHOOD REVITALIZATION PLAN › Section 5:47-3.8 - Submission of plans and amendments; approval of plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				prepare an application form that specifies the components of the neighborhood
				revitalization plan to be submitted to the Department consistent with the provisions
				of 5:47-3.4.
(b) The Department shall approve plans meeting the
				requirements of the act and these rules for a period of three years, which shall
				begin on the date that written approval of the plan is granted by the Department.
				During that period, or any extension of that period granted under
				5:47-3.9, the Department shall not
				accept submission of any plan for the same neighborhood or any part thereof from any
				other nonprofit organization.
(c) The
				Department may revoke its approval of a plan at any time after one year following
				the date written approval of the plan was granted, if the nonprofit organization
				submitting the plan has failed to submit a project application as provided in
				N.J.A.C. 5:47-4.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 3 - NEIGHBORHOOD REVITALIZATION PLAN › Section 5:47-3.9 - Mandatory review; extension of approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order for
				approval of the neighborhood revitalization plan to be extended by the Department
				beyond the initial three-year approval period, each nonprofit organization receiving
				approval of its plan shall carry out a review of the plan prior to the end of the
				period. The review shall address the following areas:
1. Changes in neighborhood conditions since the
				plan was prepared;
2. Changes in
				priorities, goals, objectives and strategies being pursued by the nonprofit
				organization and its partners; and
3.
				The effectiveness, results, difficulties, etc. associated with the various
				activities carried out by the nonprofit organization and its partners to further the
				plan.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT › Subchapter 4 - PROJECTS › Section 5:47-4.1 - Introduction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				prepare an application form that specifies the components of the project to be
				submitted to the Department consistent with the provisions of this
				subchapter.
(b) A project means one or
				more activities, as further described below, to be carried out in accordance with a
				neighborhood revitalization plan approved by the Department, utilizing, but not
				limited to, funds provided by a business entity receiving a certificate for
				neighborhood revitalization tax credits pursuant to
				52:27D-492. A project shall include one
				or more housing and economic development activities, and may also include one or
				more other neighborhood revitalization activities as defined in
				5:47-1.2.
(c) In preparing project submissions, nonprofit
				organizations should also address the criteria set forth under
				5:47-5.2 and 5.3.