reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 5:43-1.3 - Eligible applicants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Neighborhood
				Preservation Balanced Housing Program will accept program and project applications
				submitted by municipal governments, non-profit organizations and for-profit
				organizations, provided that the proposed program or project is located in a
				municipality that meets at least one of the following criteria:
1. The municipality has petitioned the Council on
				Affordable Housing for substantive certification of its housing element;
2. The municipality has received substantive
				certification of its housing element from the Council on Affordable
				Housing;
3. The municipality is subject
				to a judicially-approved compliance agreement to settle its fair share housing
				obligation;
4. The municipality is
				subject to a court-ordered builder's remedy;
5. The municipality has been designated as a
				receiving municipality under a regional contribution agreement and project plan has
				been approved by the Council on Affordable Housing;
6. The municipality is eligible for State aid
				pursuant to P.L. 1978, c.14 (52:27D-178 et seq.);
				or
7. Any other municipalities provided
				that:
i. The Council on Affordable Housing has
				invoked its authority pursuant to
				52:27D-320(c);
				and
ii. The municipality meets all
				conditions established by the Council in accordance with (a)7i above.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 5:43-1.4 - Eligible activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Eligible activities
				shall include those activities listed below:
1.
				Rehabilitation of substandard housing units occupied or to be occupied by low and
				moderate income households;
2. Creation
				of accessory apartments to be occupied by low and moderate income
				households;
3. Conversion of
				nonresidential space to residential purposes provided more than 20 percent of the
				resulting housing units are to be occupied by low and moderate income
				households;
4. Acquisition of real
				property; demolition and removal of buildings; or construction of new housing that
				will be occupied by low and moderate income households, or any combination
				thereof;
5. Grants of assistance to
				eligible municipalities for costs of necessary studies, surveys, plans and permits,
				engineering, architectural and other technical services, cost of land acquisition
				and any buildings thereon, and cost of site preparation, demolition and
				infrastructure development for projects undertaken pursuant to an approved Regional
				Contribution Agreement;
6. Assistance to
				a local housing authority, nonprofit or limited dividend housing corporation or
				association, or a qualified entity acting as a receiver under
				P.L.
				2003, c. 295 (2A:42-114 et al.), for rehabilitation
				or restoration of housing units which it administers which:
i. Are unusable or in a serious state of
				disrepair;
ii. Can be restored in an
				economically feasible and sound manner; and
iii. Can be retained in a safe, decent and
				sanitary manner, upon completion of rehabilitation or restoration; and
7. Other related activities that
				produce housing for low and moderate income housing including, without limitation:
i. Infrastructure projects directly facilitating
				the construction of low and moderate income housing not to exceed a reasonable
				percentage of the construction costs of the low and moderate income housing;
				and
ii. Alteration of dwelling units
				occupied or to be occupied by households of low or moderate income and the common
				areas on the premises in which they are located in order to make them habitable for
				low and moderate income households with handicapped persons.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 5:43-1.6 - Waiver

Current through Register Vol. 56, No. 14, July 15, 2024
Any applicant desiring a waiver or release from the express
				  requirements of any provision of this chapter may make such request, in writing, to
				  the Department. A waiver shall be granted only by the Commissioner under
				  extraordinary circumstances and provided that the applicant conclusively
				  demonstrates that the waiver shall further the purposes of these rules and the Fair
				  Housing Act and that the waiver shall provide a significant benefit to the residents
				  of the State.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 2 - FUNDING › Section 5:43-2.2 - Allocation of funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In each fiscal year,
				the Commissioner may set aside all or a portion of the fund for any given time
				period for specific activities including, but not limited to, pilot programs,
				projects in specific target areas or specific project types or directed to specific
				target populations.
(b) Balanced Housing
				funds shall be allocated to municipalities on behalf of specific projects. In the
				event that the project does not proceed within the time specified in the Grant
				Agreement, the funds shall be reallocated by the Department. The prior allocation
				shall have no effect on the reallocation of captured funds.
(c) In order to promote an equitable Statewide
				distribution of funds, the Commissioner may limit the funding amount to any one
				municipality in a given fiscal year.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 2 - FUNDING › Section 5:43-2.3 - Subsidy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will
				provide funding to a maximum of $ 6 million per project. The methodology for
				determining the maximum Balanced Housing subsidy is set forth in
				5:43-3.3 through 3.12 for each type of
				project.
(b) The Commissioner may, at
				his or her discretion, award less than the maximum subsidy, structure the assistance
				as a secured loan, with or without interest, or provide additional assistance for
				short-term financing, including construction and/or bridge loans, if needed, to
				ensure project feasibility.
1. The Department
				reserves the right, based on the size and design of the units, to restrict the size
				of a household that will occupy the unit and to provide funding in accordance with
				the reduced household size.
2. The
				Department may, at its discretion, reduce the maximum subsidy if an analysis of the
				construction design and specifications determines that essential function can be
				preserved at a lower cost.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 2 - FUNDING › Section 5:43-2.4 - Eligibility requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The maximum eligible
				project costs for new units shall be the sum of the components listed in (a) 1
				through 5 below:
1. The maximum eligible
				construction cost, including contingency, shall be the lesser of the actual
				construction cost or the amount calculated as set forth below:
i. For single family detached: $ 105.00 per square
				foot plus $ 30.00 per square foot for a full basement;
ii. For townhouse, rowhouse or semi-detached: $
				117.00 per square foot plus $ 30.00 per square foot for a full basement;
iii. For one to three story multifamily,
				non-elevator buildings: $ 138.00 per square foot;
iv. For two to six story multifamily, elevator
				buildings: $ 143.00 per square foot;
v.
				For seven or more story multifamily buildings: $ 182.00 per square foot;
vi. For projects required to provide a parking
				garage, the eligible construction cost may be increased by $ 15,000 for each parking
				space, not to exceed one space per unit, provided exclusively for, and without
				change to, the low and moderate income tenants;
vii. The cost of approved green building
				strategies; and
viii. The Department
				will consider a request for subsidy in an amount greater than in (a)1i through vii
				above upon the showing that compliance with same will render the project
				infeasible;
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 2 - FUNDING › Section 5:43-2.6 - Review criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				evaluate eligible projects based on the criteria listed below. The Department shall
				favor the following:
1. Projects that are located
				in those geographic areas or neighborhoods that have been designated by the
				Governor, Commissioner and/or the State Planning Commission as locations appropriate
				for intensive redevelopment.
2. In urban
				aid municipalities, projects that provide mixed income housing opportunities
				including low, moderate and market units;
3. Projects that seek to encourage minorities and
				neighborhood residents that are employed by the sponsor/developer to undertake
				construction, rehabilitation or other related development activities for a specific
				purpose;
4. Projects that have committed
				funds for the provision of support services and programs that are appropriate for
				and accessible to residents;
5. Projects
				in which the affordability controls shall be in place for a longer period than
				required in accordance with
				5:43-4.1;
6. Projects that provide amenities, such as
				additional bathrooms, storage space, porches, balconies, a private yard and where
				appropriate, shared facilities, such as senior citizen activity rooms or
				lounges;
7. Projects that serve a
				population generally not served by the private market, for example, projects that
				provide housing opportunities for households with incomes below 40 percent range of
				affordability, persons with special needs or homeless persons;
8. Projects that provide family housing in
				developing communities;
9. Projects that
				may be expected to have a positive impact on the neighborhood and/or would further
				the objectives of a strategic neighborhood plan;
10. Projects with rents and prices that are
				staggered so that the units are affordable to a wide range of eligible
				households;
11. Projects in which the
				municipality provides tangible, quantifiable support, for example, cash, land, fee
				reduction, and/or loan guarantee, particularly in suburban communities;
				and
12. Projects that are designed to
				harmonize architecturally with the scale and character of the surrounding buildings
				and, in general, reinforce or enhance the character of the neighborhood in which
				they are located.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 3 - FUNDING CRITERIA › Section 5:43-3.1 - Grant and loan agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Successful
				applicants to the Neighborhood Preservation Balanced Housing Program shall be
				invited to enter into a grant and/or loan agreement with the Department or its
				designee. The Department may delegate the authority to enter into an agreement for
				Balanced Housing loans to the New Jersey Housing and Mortgage Financing Agency for
				Home Express loans, in accordance with
				5:43-3.4(e).
1. The terms and conditions of any grant agreement
				shall be at the sole discretion of the Department or its designee for Home Express
				loans, in accordance with
				5:43-3.4(e).
2. Balanced Housing grant and/or loan agreements
				with municipalities shall include provision(s) prohibiting the municipality from
				selling tax liens on the subject property prior to the closeout of the
				agreement.
3. The Department reserves
				the right, at its sole discretion, to require on site construction supervision to
				ensure successful project conception and compliance with all applicable agencies and
				funders that have jurisdiction over and/or material interest in the
				project.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 3 - FUNDING CRITERIA › Section 5:43-3.2 - Types of projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				only fund projects falling into at least one of the following categories:
1. Special Needs Trust Fund projects, described in
				5:43-3.3;
2. Rental projects, described in
				5:43-3.4;
3. Homeownership projects, described in
				5:43-3.5;
4. Municipal land acquisition projects, described
				in 5:43-3.6;
5. Preservation, acquisition, and moderate
				rehabilitation projects, described in
				5:43-3.7;
6. Section 202 and non-HOPE VI public housing new
				construction projects, described in
				5:43-3.8;
7. Neighborhood rehabilitation projects, described
				in 5:43-3.9;
8. HOPE VI projects, described in
				5:43-3.10;
9. Distressed projects, described in
				5:43-3.11;
10. Neighborhood stabilization/revitalization
				projects, described in
				5:43-3.12; and
11. Other projects, described in
				5:43-3.13.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 3 - FUNDING CRITERIA › Section 5:43-3.3 - Special Needs Housing Trust Fund projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Balanced Housing
				Program may provide funding for eligible applicants to assist projects receiving
				funding from the Special Needs Housing Trust Fund established by
				P.L.
				2005 c. 163. Funding
				provided pursuant to this section shall be made in accordance with the Special Needs
				Housing Trust Fund Act (
				P.L.
				2005 c. 163 ) and any rules
				established pursuant to that Act.
(b)
				The maximum assistance to such projects shall not exceed 20 percent of the total
				project cost or the capitalized cost of a rental subsidy for up to 10
				years.
(c) Where feasible, as determined
				by the New Jersey Housing and Mortgage Finance Agency in accordance with the Special
				Needs Housing Trust Fund Act (
				P.L.
				2005 c. 163 ) and any rules
				established pursuant to that Act, any project funded pursuant to this section shall
				comply with the eligibility requirements set forth in
				5:43-2.4.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 3 - FUNDING CRITERIA › Section 5:43-3.4 - Rental projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Balanced Housing
				Program may provide assistance to eligible applicants to provide new rental housing
				units for occupancy by low and moderate income households. Eligible activities shall
				include new construction, reconstruction and the conversion of non-residential
				structures.
1. The buy-down of new units which are
				not deed restricted in order to make them affordable is also eligible.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 3 - FUNDING CRITERIA › Section 5:43-3.5 - Homeownership projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Balanced Housing
				Program may provide assistance to eligible applicants to provide homeownership
				opportunities to low and moderate income households through new construction,
				reconstruction or the conversion of non-residential structures.
1. The buy-down of new units off the open market
				in order to make them affordable is also eligible.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 3 - FUNDING CRITERIA › Section 5:43-3.6 - Municipal land acquisition (MLA) projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Balanced Housing
				Program may provide assistance to eligible municipalities, as defined in
				5:43-1.3 and (b) below, to acquire land
				and/or any other eligible activity, for the purpose of providing future affordable
				housing.
(b) Eligible municipalities
				must meet the requirements listed in 1 through 3 below:
1. The municipality must have adopted a
				development fee ordinance approved either by the Superior Court or by the New Jersey
				Council on Affordable Housing (COAH) in accordance with N.J.A.C. 5:94-6;
2. The proposed project is contained within:
i. A COAH approved Fair Share Plan or
				court-approved compliance agreement; or
ii. Will meet all or part of the municipal low and
				moderate income housing obligation if COAH has invoked its authority pursuant to
				52:27D-320(c);
				and
3. The municipality is in
				compliance with all reporting requirements of COAH or the Superior Court.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 3 - FUNDING CRITERIA › Section 5:43-3.7 - Preservation, acquisition, moderate rehabilitation projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as noted in
				(a)1 through 3 below, the Balanced Housing program will provide funding to eligible
				applicants for the preservation of existing affordable housing, the acquisition of
				vacant housing for the purpose of making it affordable, and for the moderate
				rehabilitation of existing units, or any combination thereof.
1. Preservation, without moderate rehabilitation,
				in a low income census tract, shall not be eligible;
2. Acquisition, without moderate rehabilitation,
				in a low income census tract, shall not be eligible; and
3. The acquisition or acquisition and
				rehabilitation of units that are in standard condition and affordable to low and
				moderate income households, but are not deed restricted, shall be permitted, in so
				far as the proposed activity will lower the range of affordability or extend the
				duration of the affordability in accordance with the housing affordability, controls
				applicable at the time of the transaction.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 3 - FUNDING CRITERIA › Section 5:43-3.8 - Section 202 and non-HOPE VI public housing new construction projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Balanced Housing
				Program may provide assistance to eligible applicants applying on behalf of public
				housing authorities and not-for-profit sponsors to construct projects in accordance
				with Section 202 of the Housing Act of 1959 (
				12 U.S.C. §
										1709 ) or, with the exception of HOPE VI projects
				(Section 24), the U.S. Housing Act of 1937 ( 92 U.S.C. §§ 1437 et
				seq.).
(b) The total Balanced Housing
				subsidy shall not exceed the lesser of $ 15,000 per unit or 15 percent of total
				project cost.
(c) Applications for a
				Section 202 or public housing new construction project must include a conditional or
				final commitment from HUD.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 3 - FUNDING CRITERIA › Section 5:43-3.9 - Neighborhood rehabilitation projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Balanced Housing
				Program may provide assistance to distressed urban municipalities to identify and
				moderately rehabilitate substandard units in one-to-four-family owner occupied
				structures within a target neighborhood.
(b) The maximum Balanced Housing grant to a
				municipality under a Neighborhood Rehabilitation Agreement shall be $
				500,000.
(c) Rehabilitation activity
				shall average at least $ 10,000 per unit over the contract period. The municipality
				may use the lesser of 16 percent of the grant or $ 2,000 per unit to administer the
				program.
(d) Applicants shall
				demonstrate to the satisfaction of the Division the existence of an active,
				systematic code enforcement program or a commitment to establish one within 90 days
				of the start date of a Balanced Housing contract.
(e) The following shall apply to municipalities
				administering a Neighborhood Rehabilitation Project:
1. Neighborhood Rehabilitation assistance is
				limited to one-to-four unit, owner-occupied structures; and
2. No Balanced Housing assistance shall be
				provided to occupied housing units unless the occupants have been certified as low
				or moderate income.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 3 - FUNDING CRITERIA › Section 5:43-3.10 - HOPE VI projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Balanced Housing
				Program may provide assistance to eligible applicants applying on behalf of sponsors
				developing HOPE VI projects in accordance with Section 24 of the U.S. Housing Act of
				1937 (
				42
				U.S.C. §
										1437v ).
(b) The maximum Balanced Housing subsidy for a
				HOPE VI project shall be $ 40,000 per unit, for projects awarded by HUD prior to
				January 1, 2006 or $ 25,000 for those projects awarded by HUD on or after January 1,
				2006.
(c) Applicants shall be required
				to provide a full certified accounting from the relevant housing authority of all
				HOPE VI funding, commitments, obligations and expenditures.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 3 - FUNDING CRITERIA › Section 5:43-3.11 - Distressed projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Balanced Housing
				Program may provide assistance to eligible applicants applying on behalf of existing
				Balanced Housing projects in need of additional financial assistance to establish
				and/or ensure the ongoing viability of the housing.
(b) Applicants, their subsidiary or parent
				corporations receiving funding pursuant to this section, shall not be eligible for
				any other form of Balanced Housing assistance for a period of two years from the
				time that such funding is received.
(c)
				Eligible projects shall be limited to those proving severe financial distress and an
				inability to meet normal operating and debt service obligations. Inability to meet
				debt service ratios, fund reserve accounts, pay deferred developer fee and/or any
				other partnership distributions, shall not be considered indicators of severe
				financial distress.
(d) Eligible
				projects must be in service for at least two years and shall be in compliance with
				all affordability control, audit and reporting requirements of the Grant Agreement
				and loan documents from the Division.
(e) The amount of assistance and the terms and
				conditions of assistance shall be at the discretion of the Commissioner.
(f) Applicants will provide documentation of need
				including, but not limited to:
1. A narrative
				report setting forth the reason(s) that assistance is necessary, steps that have
				been taken to establish stability, and a specific dollar request for financial
				support from the Balanced Housing program;
2. Annual audits for the project for all years
				since the project was completed or placed in service;
3. A Copy of the Equity Investor agreement, if the
				project has received LIHTCs, including current contact information for the equity
				investor;
4. A listing of all project
				debt (hard and soft), the names and current contact information of lenders, the
				terms and conditions, the current balance and status of all loans;
5. A Certification from the developer/general
				partner as to the total amount of developer fee allowed, initially taken and still
				pledged to the project;
6. A
				Certification from the developer/general partner/equity investor as to any cash
				infusion into the project after the project was placed in service;
7. A Capital Needs Assessment for the project done
				by an independent party (architect/engineer), or by the owner using a form approved
				by the Department and reviewed and certified by the Technical Services Division of
				the NJHMFA;
8. A 20-year cash flow
				projection; and
9. A Copy of the
				Municipal Payment in Lieu of Taxes (PILOT) Agreement.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 3 - FUNDING CRITERIA › Section 5:43-3.12 - Neighborhood stabilization/revitalization projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Balanced Housing
				Program may provide assistance to distressed urban municipalities applying on behalf
				of a sponsor who will promote neighborhood stabilization and revitalization through
				the acquisition and reconstruction and resale of existing units within a target
				neighborhood.
(b) The amount of Balanced
				Housing assistance and the requirements of such assistance shall be in accordance
				with 5:43-3.5 for two-family structures
				and/or 5:43-3.6 for single family homeowner
				units.
(c) The maximum Balanced Housing
				subsidy for a neighborhood stabilization/revitalization project shall be $
				750,000.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 3 - FUNDING CRITERIA › Section 5:43-3.13 - Other projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				previously listed types of Balanced Housing projects, the Department reserves the
				right to fund projects that do not fit into any of these formats. Such projects may
				include, but shall not be limited to, pilot programs, those that are unique in terms
				of development, ownership, occupancy characteristics, and transitional facilities
				for the homeless or matching funds required in order to secure other financing that
				without the match, would be lost to the State of New Jersey.
(b) In such projects, the form and amount of
				Balanced Housing assistance shall be at the discretion of the
				Commissioner.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 4 - AFFORDABILITY CONTROLS › Section 5:43-4.1 - Uniform housing affordability controls

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as noted in
				(a)1 and 2 below, all units receiving funding from Balanced Housing shall be subject
				to the pertinent housing affordability controls N.J.A.C. 5:80-26, with the following
				exceptions:
1. Units excluded from the controls
				pursuant to 5:80-26.1; and
2. Units precluded from controls in accordance
				with 52:27D-320(f).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 4 - AFFORDABILITY CONTROLS › Section 5:43-4.2 - New Jersey Housing Resource Center

Current through Register Vol. 56, No. 14, July 15, 2024
All units funded by Balanced Housing shall use the New Jersey
				  Housing Resource Center regardless of the administrative agent selected by the
				  applicant.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 4 - AFFORDABILITY CONTROLS › Section 5:43-4.3 - Section 8 assistance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A household
				receiving assistance under Section 8 of the Federal Housing Act of 1937, as amended
				by the Housing and Community Development Act of 1974, shall be eligible for housing
				under the Balanced Housing program, provided, however, that the following are met:
1. The household meets all requirements for the
				Balanced Housing program; and
2. The
				combined household rental payment and housing assistance payment shall not exceed
				that provided for in the Balanced Housing grant agreement.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 5 - MULTIFAMILY HOUSING PRESERVATION AND RECEIVERSHIP › Section 5:43-5.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to applicants for funding under the
				  Multifamily Housing Preservation and Receivership Act,
				  P.L.
				  2003, c. 295 (2A:42-114 et al.).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 5 - MULTIFAMILY HOUSING PRESERVATION AND RECEIVERSHIP › Section 5:43-5.2 - Insurance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Evidence of
				builder's risk or all risk insurance must be provided prior to the closing of the
				Department loan or grant and the appropriate level of coverage is required for the
				duration of the construction. The minimum amount of the insurance shall be the
				insurable (replacement cost) value established by the appraisal submitted to the
				court.
(b) Evidence of Commercial
				General Liability Insurance shall be required for all completed projects and must be
				carried at acceptable levels for the duration of the Department loan or
				grant.
(c) Professional liability
				insurance for the general contractor and architect shall be required as follows:
1. General contractor:
i. General liability;
ii. Workmen's compensation;
iii. Contractor's public liability in the sum of
				$1,000,000/$3,000,000 and property insurance of $250,000/$500,000;
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 5 - MULTIFAMILY HOUSING PRESERVATION AND RECEIVERSHIP › Section 5:43-5.3 - Surety bonds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For projects in
				excess of a $50,000 hard project cost, a receiver shall be required to post a 100
				percent Payment & Performance Bond for a term from the date of the closing of
				the Department construction loan through two years from the date of issuance of the
				Certificate of Occupancy or an Architect's Certification of Substantial Completion,
				whichever is later. The bond will be in an amount sufficient to guarantee compliance
				with the terms and conditions of the receivership.
(b) Payment and performance bonds shall be in a
				form acceptable to the Department.
(c) A
				requirement set forth in this section may be waived or adjusted upon a finding that
				such requirement would prevent an entity that is otherwise fully qualified to act as
				a receiver from being appointed receiver, so long as that entity can demonstrate a
				sufficient level of financial responsibility.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Subchapter 5 - MULTIFAMILY HOUSING PRESERVATION AND RECEIVERSHIP › Section 5:43-5.4 - Qualification for registration of qualified entities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to be
				eligible to register as a qualified receiver with the Department of Community
				Affairs, the applicant must demonstrate that at least one person holding a position
				of responsibility in the organization possesses the minimum qualifications set forth
				under either (a)1 or 2 below.
1. Property
				Management: The responsible person must demonstrate any one of the following
				qualifications; provided, however, that such persons may substitute office or retail
				property management experience for up to one half of the minimum number of units set
				forth below on the basis of 1,000 square feet of office or retail space equals one
				residential unit:
i. Three years as owner/operator
				of a property management company with responsibility for management of 100 or more
				rental units;
ii. Three years as
				property manager of a building or buildings with 50 or more rental units;
iii. Three years as the senior individual
				responsible for property management at a community development corporation (CDC) or
				public housing authority (PHA) with 50 or more rental units; or
iv. Six years as manager or senior staff with
				substantial responsibility for property management of 50 units or more within a
				property management company, CDC or public housing authority.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Appendix J

Current through Register Vol. 56, No. 14, July 15, 2024
Distressed Urban Municipalities
MUNICIPALITY
COUNTY
Asbury Park City
Monmouth
Bayonne City
Hudson
Bridgeton City
Cumberland
Camden City
Camden
East Orange City
Essex
Elizabeth City
Union
Gloucester City
Camden
Hoboken City
Hudson
Irvington Township
Essex
Jersey City
Hudson
Long Branch City
Monmouth
Millville City
Cumberland
Mount Holly Township
Burlington
New Brunswick City
Middlesex
Newark City
Essex
North Bergen Township
Hudson
Orange City Township
Essex
Passaic City
Passaic
Paterson City
Passaic
Penns Grove Boro
Salem
Perth Amboy City
Middlesex
Phillipsburgh Town
Warren
Plainfield City
Union
Pleasantville City
Salem
Salem City
Salem
Trenton City
Mercer
Union City
Hudson
Vineland City
Cumberland
West New York Town
Hudson
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 43 - NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM › Appendix L

Current through Register Vol. 56, No. 14, July 15, 2024
For purposes of
				5:43-2.4(a)2, soft cost
				shall consist of exclusively of the following: Accounting
Affordability controls administrative fees
Appraisal
Architect fees
Closing costs
Construction fees
Construction interest
Construction management
Cost certification
Cost of issuance
Equipment and furnishing
Engineer
Environmental report
Financing fees
HMFA bond commitment fee
Housing consultant
Insurance during construction
Legal fees
Market study
Marketing and lease-up
Negative arbitrage
Soil borings
Survey
Taxes during construction
Title costs
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44 - LOCAL HOUSING AUTHORITY AND MUNICIPAL REDEVELOPMENT AGENCY TRAINING PROGRAM AND EXECUTIVE DIRECTOR REVIEW › Subchapter 1 - GENERAL PROVISIONS › Section 5:44-1.1 - Title; scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules contained
				in this chapter shall be known as the "Rules for the Local Housing Authority and
				Municipal Redevelopment Agency Training Program."
(b) These rules govern the prescribed training
				program referred to as Local Housing Authority and Municipal Redevelopment Agency
				Training Program, hereinafter designated as the LHA/MRA Training Program.
(c) These rules govern the prescribed review by
				the State of the qualifications of a candidate for the executive director position
				at a housing authority or 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 1 - GENERAL PROVISIONS › Section 5:44-1.2 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
These rules are promulgated by the Commissioner of the Department
				  of Community Affairs pursuant to the authority of the "Redevelopment and Housing
				  Law," ( P.L. 1992, c.79;
				  40A:12A-1 et seq.).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44 - LOCAL HOUSING AUTHORITY AND MUNICIPAL REDEVELOPMENT AGENCY TRAINING PROGRAM AND EXECUTIVE DIRECTOR REVIEW › Subchapter 1 - GENERAL PROVISIONS › Section 5:44-1.3 - Intent and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of the
				LHA/MRA Training Program shall be to improve the technical expertise and management
				skills of commissioners and executive directors of local housing authorities and
				municipal redevelopment agencies through a comprehensive, structured educational
				program.
(b) The purpose of the State
				review of executive director qualifications is to further the professionalism of
				housing authority and redevelopment agency management through clearly established
				standards of education and experience.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44 - LOCAL HOUSING AUTHORITY AND MUNICIPAL REDEVELOPMENT AGENCY TRAINING PROGRAM AND EXECUTIVE DIRECTOR REVIEW › Subchapter 1 - GENERAL PROVISIONS › Section 5:44-1.5 - 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 circumstances is held invalid, the invalidity shall not affect other
				  provisions or applications of the rules and to this end, the provisions of the rules
				  are severable.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44 - LOCAL HOUSING AUTHORITY AND MUNICIPAL REDEVELOPMENT AGENCY TRAINING PROGRAM AND EXECUTIVE DIRECTOR REVIEW › Subchapter 2 - TRAINING REQUIREMENTS AND ADMINISTRATION › Section 5:44-2.1 - Training curriculum

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose,
				objectives and content of each course approved as part of the LHA/MRA Training
				Program curriculum shall meet the standards established and approved by the
				Department, as set forth in this chapter, and shall address New Jersey rules,
				programs and issues, including strategies for drug elimination and crime prevention
				and control. The course of study shall be designed to clarify the functions, duties
				and limits of housing authorities and redevelopment agencies and the decision-making
				responsibilities of individuals serving as executive directors or commissioners and
				to familiarize them with current methods and procedures for managing public housing
				units, publicly assisted housing, or redevelopment projects.
(b) The course curriculum for commissioners of
				local housing authorities shall consist of four mandatory courses and one of the
				available elective courses, ranging in length from one-half day to one day. A
				half-day program shall be four hours in length, while a full-day program shall be
				seven hours. Housing authority members must satisfactorily complete all mandatory
				courses and one elective course within the time prescribed in
				5:44-2.4(a).
1. The mandatory housing authority commissioner
				courses shall be as follows:
i. Skills for
				Commissioners: provides a broad overview of the roles and responsibilities of
				commissioners;
ii. Financial Issues and
				Procedures: explores a range of financial management skills, including budgets, cost
				allocations and funding sources;
iii.
				Public Housing Assessment System (PHAS) explores how to use PHAS as a management
				tool and how to improve an authority's PHAS scores; and
iv. Ethics: provides an overview of public
				ethics.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44 - LOCAL HOUSING AUTHORITY AND MUNICIPAL REDEVELOPMENT AGENCY TRAINING PROGRAM AND EXECUTIVE DIRECTOR REVIEW › Subchapter 2 - TRAINING REQUIREMENTS AND ADMINISTRATION › Section 5:44-2.2 - Course credit and evaluation criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department, or
				its authorized designee, shall develop evaluation procedures to assess the
				competency of participants completing the LHA/MRA Training Program. The evaluations
				shall allow participants to demonstrate competency and proficiency at the conclusion
				of each course.
(b) Course competency
				shall be measured through the administration of brief written evaluations for each
				course. The evaluation shall assess the course participant's understanding of the
				materials covered during the class. Questions designed by the instructor shall
				reinforce key concepts, important issues and significant facts. The last half-hour
				of each course shall be reserved for students to complete written responses to the
				questions. A determination of satisfactory or unsatisfactory performance in
				completing the evaluation shall be in accordance with the standards prescribed by
				the Department.
(c) To receive credit
				for a course, a commissioner or executive director must attend the full session and
				achieve a satisfactory score on the evaluation. No credit shall be assigned for a
				failed or incomplete course.
1. In instances where
				a participant attends the course but does not complete the evaluation, the
				participant shall receive an incomplete for the course. In order to receive credit
				for an incomplete or failed course, the participant must either retake the course
				and evaluation or arrange with the training facilitator to complete or retake the
				evaluation one time within 60 days of the date of the training course. Failure to
				contact the training facilitator and satisfactorily complete the required evaluation
				within the allowed time shall result in the participant receiving no credit for the
				course. Otherwise, the course must be retaken to receive credit.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44 - LOCAL HOUSING AUTHORITY AND MUNICIPAL REDEVELOPMENT AGENCY TRAINING PROGRAM AND EXECUTIVE DIRECTOR REVIEW › Subchapter 2 - TRAINING REQUIREMENTS AND ADMINISTRATION › Section 5:44-2.3 - Certificate of completion

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The training
				facilitator shall issue a certificate of completion to each LHA/MRA Training Program
				participant who satisfactorily completes the training program
				requirements.
(b) Issuance of a
				certificate shall certify that the individual has completed the requisite course of
				study of the LHA/MRA Training Program required for the type of agency or authority
				in which he or she is currently serving and is eligible to be employed or appointed
				in the State in accordance with the provisions of these rules. The certificate
				issued for completion of the Redevelopment Agency training shall not imply
				completion of the Local Housing Authority curriculum.
(c) When a person with a certificate assumes a
				position at an agency or authority with different training requirements, that person
				shall comply with the requirements mandated for the assumed position. When an agency
				or authority assumes new responsibilities that alter its power and functions, its
				director and board shall complete the training curriculum appropriate to the new
				function.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44 - LOCAL HOUSING AUTHORITY AND MUNICIPAL REDEVELOPMENT AGENCY TRAINING PROGRAM AND EXECUTIVE DIRECTOR REVIEW › Subchapter 2 - TRAINING REQUIREMENTS AND ADMINISTRATION › Section 5:44-2.4 - Compliance period

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided
				by 40A:12A-46(a), any
				person serving as a commissioner on the board of a local housing authority or
				municipal redevelopment agency after June 5, 1995 shall satisfactorily complete the
				prescribed courses of study within 18 months following the date of appointment or by
				July 1, 1997, whichever is later.
1. A
				commissioner appointed after June 5, 1995 who fails to comply with the training
				requirements within the allowed period, is deemed resigned and shall vacate the
				position. That individual shall not be eligible for reappointment to the board until
				such time as he or she has fulfilled all course requirements, having taken the
				remaining prescribed courses at his or her own expense at a time when he or she was
				not serving as a member of a housing authority or redevelopment agency.
2. A commissioner serving on or before June 5,
				1995 who failed to comply with the training requirements by July 1, 1997 may serve
				until the end of his or her appointed term but may not be reappointed for a period
				of five years thereafter and then only upon completion of the curriculum.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44 - LOCAL HOUSING AUTHORITY AND MUNICIPAL REDEVELOPMENT AGENCY TRAINING PROGRAM AND EXECUTIVE DIRECTOR REVIEW › Subchapter 2 - TRAINING REQUIREMENTS AND ADMINISTRATION › Section 5:44-2.5 - Waivers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The DCA Commissioner
				shall waive all or part of the Training Program course requirements in
				40A:12A-46 and 47 upon a determination
				of course equivalency by the Department on a case-by-case basis.
1. The determination of course equivalency shall
				list the courses submitted for determination and indicate to which course(s) of the
				LHA/MRA Training Program the course is equivalent.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44 - LOCAL HOUSING AUTHORITY AND MUNICIPAL REDEVELOPMENT AGENCY TRAINING PROGRAM AND EXECUTIVE DIRECTOR REVIEW › Subchapter 2 - TRAINING REQUIREMENTS AND ADMINISTRATION › Section 5:44-2.6 - Right of appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person aggrieved
				by any notice, action or order under this chapter concerning course and experience
				equivalency determinations, removal of a commissioner or executive director who is
				deemed unqualified, denials of waiver requests or imposition of any penalties, may
				appeal by submitting a written hearing request as set forth herein.
1. The aggrieved party must request a hearing. The
				request shall be made to the Hearing Coordinator, Department of Community Affairs,
				PO Box 802, Trenton, New Jersey 08625. The hearing shall be conducted by the Office
				of Administrative Law, with the DCA Commissioner issuing the final
				decision.
2. All hearing requests shall
				be signed by a proper party and shall include:
i.
				The date of the action which is the subject of the appeal;
ii. The name, title and status of the person
				submitting the appeal;
iii. The action
				claimed to be in error; and
iv. A
				concise statement of the basis for the appeal.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 44 - LOCAL HOUSING AUTHORITY AND MUNICIPAL REDEVELOPMENT AGENCY TRAINING PROGRAM AND EXECUTIVE DIRECTOR REVIEW › Subchapter 2 - TRAINING REQUIREMENTS AND ADMINISTRATION › Section 5:44-2.7 - Exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The executive
				director of a housing authority or redevelopment agency holding that position prior
				to or on January 18, 1992, possessing the required work experience and holding
				certification as a Public Housing Manager (PHM) or other equivalent certification
				from the National Association of Housing and Redevelopment Officials (NAHRO), or
				from another HUD-recognized professional association in the housing and
				redevelopment field, shall not be required to meet the college education
				requirements of the credentialing process set forth at
				5:44-3.1(a)  and shall
				be deemed qualified for continued employment as executive director of any local
				public housing authority in the State. All executive directors shall meet the
				LHA/MRA Training Program requirements, set forth in this subchapter.
1. Executive directors in position on June 5, 1995
				shall have until June 5, 1996, to obtain a recognized PHM certification.