New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 42 - STATE RENTAL ASSISTANCE PROGRAM › Subchapter 1 - GENERAL PROVISION › Section 5:42-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following terms, when used in this chapter, shall have the
				  following meanings except when the context clearly indicates otherwise.
"Annual income" means the gross amount of income anticipated to be
				  received by the family during the 12 months following the effective date of the
				  examination or re-examination.
"Applicant (applicant family)" means a family that has applied for
				  admission to a program but is not yet a participant in the program.
"Calculation of family share rent" means the family share of rent
				  is 30 percent based upon the household's adjusted annual income, or 25 percent of
				  household's adjusted annual income for elderly and disabled head of household. Rents
				  above the payment standard may increase the family share above 30 percent and 25
				  percent, respectively.
"Calculation of S-RAP Subsidy" means the difference between the
				  tenant rent and the applicable DCA payment standard or the gross rent, whichever is
				  lower. DCA's payment standard ranges from the current HUD approved fair market rent
				  to 110 percent of the fair market rent based upon bedroom size and housing market.
				  The family is responsible for all rent payments in excess of the payment
				  standard.
"Department" or "DCA" means the Department of Community
				  Affairs.
"Disability" means a person who has one or more of the following
				  disabilities:
1. A disability, as defined in Section 223 of the Social Security
				  Act,
				  42 U.S.C. §
										423;
2. A physical, mental, or emotional impairment, which is expected
				  to be of long-continued and indefinite duration, substantially impedes his or her
				  ability to live independently; and is of such a nature that such ability could be
				  improved by more suitable housing conditions; and/or
3. A developmental disability as defined in section 102 of the
				  Developmental Disabilities Assistance and Bill of Rights Act,
				  P.L.
				  106-402. Proof of disability is receipt of Social
				  Security Insurance, Social Security Disability or certification from a licensed
				  physician.
"Domicile" means the legal residence of the household head or
				  spouse as determined in accordance with State and local law.
"Elderly" or "senior citizen" means a person age 62 or
				  older.
"Eligible Deductions" means:
1. The deduction for elderly (age 62 or above) or disabled head of
				  household as set forth in
				  24
				  CFR 5.611(a)2, incorporated
				  herein by reference;
2. The deduction for each household member who is under 18 as set
				  forth in
				  24
				  CFR 5.611(a)1, incorporated
				  herein by reference, as amended and supplemented; and
3. The deduction for the estimated cost of tenant paid utilities
				  exclusive of cable and telephone. (The amount of deduction is based upon established
				  DCA utility schedule chart.)
"Fair market rent (FMR)" means the cost of gross rent for an area
				  (shelter plus utilities) of privately owned, decent and safe rental housing of a
				  modest nature (non-luxury) with suitable amenities.
"Family" means a person or group of persons, as determined by the
				  DCA, approved to reside in a unit with assistance under the program.
"Family rent to owner" means the portion of rent to owner paid by
				  the family.
"Family unit size" means the appropriate number of bedrooms for a
				  family, as determined by DCA.
"Household" means two or more persons sharing a domicile, as
				  defined in
				  24 CFR
				  982.4, incorporated herein by reference, as
				  amended and supplemented, whose income and resources are available to meet the
				  household's needs and who are related by blood, marriage or operation of law.
"Housing assistance payment (HAP)" means the monthly assistance
				  payment by DCA, which is payment to the owner for rent to the owner under the
				  family's lease.
"Housing quality standards (HQS)" means the HUD minimum quality
				  standards for housing assisted under the tenant-based programs. See
				  24 CFR
				  982.401.
"Initial rent to owner" means the rent to owner at the beginning
				  of the HAP contract term.
"Lease" means a written agreement between an owner and a tenant
				  for the leasing of a dwelling unit to the tenant.
"Live-in aide" means a person meeting the requirements specified
				  in 24 CFR
				  5.403 and 24 CFR 982.316 that resides with a
				  disabled, elderly, or near elderly participant who is essential to the care and
				  well-being of the participant, is not obligated to financially support the
				  participant, and would not be residing with the participant, but for the
				  participant's need for supportive services.
"Loss of family income" means catastrophic expenses or 50 percent
				  loss of family income. This will be reviewed on a case-by-case basis.
"New Jersey resident" means someone whose primary residence is in
				  New Jersey and who is present in New Jersey for at least six months prior to
				  applying for S-RAP assistance.
"Owner" means any person or entity with the legal right to lease
				  or sublease a unit to a participant.
"Participant (participant family)" means a family that has been
				  admitted to the DCA program and is currently assisted in the program. The family
				  becomes a participant on the effective date of the first S-RAP contract executed by
				  the DCA for the family (first day of initial lease term).
"Payment standard" means the calculation of the housing assistance
				  payment that DCA pays to the owner on behalf of the family leasing the unit.
"Premises" means the building or complex in which the dwelling
				  unit is located, including common areas and grounds.
"Private space" means the portion of a contract unit in shared
				  housing that is for the exclusive use if an assisted family.
"Rent to owner" means the total monthly rent payable to the owner
				  under the lease for the unit. Rent to owner covers payment for any housing services,
				  maintenance and utilities that the owner is required to provide and pay for.
"Single room occupancy housing (SRO)" means a unit that provides
				  living and sleeping space for the exclusive use of the occupant, but requires the
				  occupant to share sanitary and/or food preparation facilities.
"S-RAP" means the State Rental Assistance Program.
"Suspension" means stopping the clock on the term of a family's
				  voucher for such period as determined by DCA, from the time when the family submits
				  a request for DCA approval of the tenancy, until the time when the DCA approves or
				  denies the request.
"Tenant" means the person or persons (other than a live-in aide)
				  who executes the lease as lessee of the dwelling unit.
"Veteran" means an individual discharged following active duty
				  service in the U.S. Air Force, Army, Coast Guard, Marine Corps, or Navy.
"Voucher holder" means a family holding a voucher with an
				  unexpired term (search time).
"Voucher" means a document issued by the DCA to a family selected
				  for admission to the voucher program. This document describes the program and the
				  procedures for DCA approval of a unit selected by the family. The voucher also
				  states obligations of the family under the program.
"Waiting list admission" means an admission from the DCA waiting
				  list.