New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 26 - HOUSING AFFORDABILITY CONTROLS › Section 5:80-26.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this subchapter, shall
				  have the following meanings, unless the context clearly indicates otherwise.
"Administrative agent" means the entity responsible for
				  administering the affordability controls of this subchapter with respect to specific
				  restricted units, as designated pursuant to
				  5:80-26.14.
"Affordability average" means an average of the percentage of
				  median income at which restricted units in an affordable development are affordable
				  to low-and moderate-income households. For example, if the rents for the five
				  restricted rental units in an affordable housing development were affordable at 46,
				  48, 50, 52 and 54 percent of median income, respectively, the average affordability
				  for those units would be 50 percent of median income.
"Affordable" means, in the case of an ownership unit, that the
				  sales price for the unit conforms to the standards set forth in
				  5:80-26.6 and, in the case of a rental
				  unit, that the rent for the unit conforms to the standards set forth in
				  5:80-26.12.
"Affordable development" means a housing development all or a
				  portion of which consists of restricted units.
"Agency" means the New Jersey Housing and Mortgage Finance Agency
				  established by P.L. 1983, c.530 (55:14K-1 et seq.) and in,
				  but not of, the DCA.
"Age-restricted unit" means a housing unit designed to meet the
				  needs of, and exclusively for, the residents of an age-restricted segment of the
				  population where the head of the household is a minimum age of either 62 years, or
				  55 years and meets the provisions of
				  42 U.S.C. §§
										3601 et seq., except that due to death, a
				  remaining spouse of less than 55 years of age shall be permitted to continue to
				  reside in the unit.
"Assisted living residence" means a facility licensed by the New
				  Jersey Department of Health to provide apartment-style housing and congregate dining
				  and to assure that assisted living services are available when needed for four or
				  more adult persons unrelated to the proprietor. Apartment units offer, at a minimum,
				  one unfurnished room, a private bathroom, a kitchenette, and a lockable door on the
				  unit entrance.
"Balanced Housing" means the Neighborhood Preservation Balanced
				  Housing Program of the DCA as set forth at
				  52:27D-320 and N.J.A.C. 5:43.
"Certified household" means a household that has been certified by
				  an administrative agent as a low-income household or moderate-income
				  household.
"COAH" means the Council on Affordable Housing in, but not of, the
				  DCA, established under the New Jersey Fair Housing Act (52:27D-301 et seq.).
"DCA" means the State of New Jersey Department of Community
				  Affairs.
"Division" means the Division of Housing in the DCA.
"HAS" means the Housing Affordability Service, formerly known as
				  the "Affordable Housing Management Service," in the Agency.
"High-poverty census tract" means a census tract with a
				  census-determined average poverty rate equal to or greater than 25 percent, as
				  determined by the United States Census Bureau.
"HUD" means the United States Department of Housing and Urban
				  Development.
"Low-income household" means a household with a total gross annual
				  household income equal to 50 percent or less of the median income.
"Low-income unit" means a restricted unit that is affordable to a
				  low-income household.
"Median income" means the median income by household size for an
				  applicable county, as adopted annually by COAH.
"Moderate-income household" means a household with a total gross
				  annual household income in excess of 50 percent but less than 80 percent of the
				  median income.
"Moderate-income unit" means a restricted unit that is affordable
				  to a moderate-income household.
"MONI" means the Agency's Market Oriented Neighborhood Investment
				  Program, as it may be authorized from time to time by the Agency.
"95/5 unit" means a restricted ownership unit that is part of a
				  housing element that received substantive certification from COAH pursuant to
				  N.J.A.C. 5:93 before October 1, 2001.
"Non-exempt sale" means any sale or transfer of ownership other
				  than the transfer of ownership between husband and wife; the transfer of ownership
				  between former spouses ordered as a result of a judicial decree of divorce or
				  judicial separation, but not including sales to third parties; the transfer of
				  ownership between family members as a result of inheritance; the transfer of
				  ownership through an executor's deed to a class A beneficiary; and the transfer of
				  ownership by court order.
"Random selection process" means a process by which currently
				  income-eligible households are selected for placement in affordable housing units
				  such that no preference is given to one applicant over another except for purposes
				  of matching household income and size with an appropriately priced and sized
				  affordable unit (for example, by lottery).
"Rent" means the gross monthly cost of a rental unit to the
				  tenant, including the rent paid to the landlord, as well as an allowance for
				  tenant-paid utilities computed in accordance with allowances published by DCA for
				  its Section 8 program. With respect to units in an assisted living residence, rent
				  does not include charges for food and services.
"Restricted unit" means a dwelling unit, whether a rental unit or
				  ownership unit, that is subject to the affordability controls of this subchapter,
				  but does not include a market-rate unit financed under UHORP or MONI.
"UHORP" means the Agency's Urban Homeownership Recovery Program,
				  as it may be authorized from time to time by the Agency Board.