reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 75A - FIRE SERVICE RESOURCE EMERGENCY DEPLOYMENT › Subchapter 1 - GENERAL PROVISIONS › Section 5:75A-1.1 - Short title

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall be known and may be cited as "Fire Service
				  Resource Emergency Deployment Rules" and, when referred to herein, shall be known as
				  this chapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 75A - FIRE SERVICE RESOURCE EMERGENCY DEPLOYMENT › Subchapter 1 - GENERAL PROVISIONS › Section 5:75A-1.2 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
These rules are promulgated by the Commissioner of Community
				  Affairs and Director of Fire Safety pursuant to the authority of
				  P.L.
				  2003, c. 28,
				  52:14E-11 et seq., specifically
				  52:14E-20.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 75A - FIRE SERVICE RESOURCE EMERGENCY DEPLOYMENT › Subchapter 1 - GENERAL PROVISIONS › Section 5:75A-1.3 - Intent and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				establishes a mechanism for the coordination of fire service resources throughout
				the State to facilitate a quick and efficient response to any emergency incident or
				situation that requires the immediate deployment of those resources in order to
				protect life and property from the danger or destruction of fire, explosion or other
				disaster while recognizing that fire departments have a primary mission to provide
				fire protection to their respective communities.
(b) The State fire coordinator system is intended
				to be utilized for, but not limited to, acts of terrorism, incidents requiring
				significant fire mutual aid, declarations of emergency by the Governor, and
				interstate requests for fire resource assistance.
(c) The State fire coordination system is intended
				to prevent resource excesses or depletions by giving the State fire coordinator the
				power to require fire service resources to standby or to not respond.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 75A - FIRE SERVICE RESOURCE EMERGENCY DEPLOYMENT › Subchapter 1 - GENERAL PROVISIONS › Section 5:75A-1.4 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall apply to State, county and local coordination
				  and utilization of fire service and other emergency resources in response to
				  fire-related emergency incidents and disasters.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 75A - FIRE SERVICE RESOURCE EMERGENCY DEPLOYMENT › Subchapter 2 - LOCAL AND COUNTY FIRE SERVICE RESOURCE EMERGENCY DEPLOYMENT › Section 5:75A-2.2 - Preparation, adoption of local fire mutual aid plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each municipality or
				fire district, as the case may be, in this State shall prepare and adopt a local
				fire mutual aid plan in a form or manner established by the State fire
				coordinator.
(b) The plan shall set
				forth policies and procedures to coordinate the effective utilization of fire
				service resources in those instances where the implementation of the local fire
				mutual aid plan is determined to be necessary or appropriate.
(c) Each local fire mutual aid plan shall be based
				upon the planning criteria, objectives, requirements, responsibilities and concepts
				of operation essential for the implementation of all necessary and appropriate
				protective or remedial measures to be taken in response to emergency
				incidents.
(d) Each local fire mutual
				aid plan shall be adopted no later than March 10, 2004.
(e) Following adoption, each municipality or fire
				district shall file a copy of its local fire mutual aid plan with the county fire
				coordinator.
(f) In any instance where a
				local fire mutual aid plan provides for the provision of assistance and fire service
				resources by or to a political subdivision of another county, the municipality or
				fire district also shall file a copy of that plan with that county and regional fire
				coordinator. The inclusion of assistance by or to a political subdivision of another
				county in the local fire mutual aid plan does not automatically trigger the
				activation of the county fire mutual aid plan.
(g) In any instance where a local fire mutual aid
				plan provides for the provision of assistance and fire service resources by or to a
				political subdivision of another state, the municipality or fire district also shall
				file a copy of that plan with the State fire coordinator.
(h) Each local fire mutual aid plan shall be
				reviewed and updated every two years.
(i) Each local fire mutual aid plan shall consider
				the anticipated fire service resources for occupancies or possible incidents likely
				to require local mutual aid and shall be referenced in the county Emergency
				Operations Plan Fire Rescue Annex ESF 4.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 75A - FIRE SERVICE RESOURCE EMERGENCY DEPLOYMENT › Subchapter 2 - LOCAL AND COUNTY FIRE SERVICE RESOURCE EMERGENCY DEPLOYMENT › Section 5:75A-2.3 - Appointment, duties of county fire coordinator; deputies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The State fire
				coordinator shall appoint a county fire coordinator in each county, pursuant to the
				provisions of this chapter.
(b) The
				county fire coordinator shall appoint at least one deputy county fire coordinator in
				each county, in accordance with the provisions of this chapter. More than one deputy
				county fire coordinator may be appointed in each county.
(c) The State fire coordinator shall determine the
				duties and responsibilities as deemed necessary for the positions of county fire
				coordinator and deputy county fire coordinator. The duties and responsibilities
				shall include, but not be limited to:
1. Fire
				service resources management and coordination including, but not limited to, serving
				as a liaison to incident commanders to provide resources and other functions as
				requested by incident commanders;
2.
				Preparation of the county Emergency Operations Plan Fire Annex ESF 4 in conjunction
				with the county emergency management coordinator and in accordance with the
				standards established by the State Office of Emergency Management; and
3. County fire mutual aid planning, as set forth
				in 5:75A-2.4.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 75A - FIRE SERVICE RESOURCE EMERGENCY DEPLOYMENT › Subchapter 2 - LOCAL AND COUNTY FIRE SERVICE RESOURCE EMERGENCY DEPLOYMENT › Section 5:75A-2.4 - County fire mutual aid plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each county in this
				State shall prepare and adopt a county fire mutual aid plan in coordination with the
				applicable local mutual aid plans and in a form or manner established by the State
				fire coordinator.
(b) The county fire
				mutual aid plan shall set forth policies and procedures to coordinate the effective
				utilization of fire service resources in those instances where the implementation of
				the county fire mutual aid plan is determined to be necessary or
				appropriate.
(c) Each county fire mutual
				aid plan shall be based upon the planning criteria, objectives, requirements,
				responsibilities and concepts of operation essential for the implementation of all
				necessary and appropriate protective or remedial measures to be taken in response to
				emergency incidents.
(d) Each county
				fire mutual aid plan shall be adopted no later than March 9, 2004.
(e) Following adoption, each county shall file a
				copy of its county fire mutual aid plan with the State fire coordinator.
(f) Each county fire mutual aid plan shall be
				reviewed and updated every two years.
(g) Each county fire mutual aid plan shall
				consider the anticipated fire service resources for occupancies or possible
				incidents likely to require county fire mutual aid and shall be referenced in the
				county Emergency Operations Plan Fire Rescue Annex ESF 4.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 75A - FIRE SERVICE RESOURCE EMERGENCY DEPLOYMENT › Subchapter 2 - LOCAL AND COUNTY FIRE SERVICE RESOURCE EMERGENCY DEPLOYMENT › Section 5:75A-2.5 - Local fire service unit; county mutual aid plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each unit of the
				fire service in the county shall participate in the county fire mutual aid plan and
				shall submit every two years to its county fire coordinator the following
				information:
1. A complete inventory of personnel
				and equipment;
2. A local fire mutual
				aid plan prepared and updated pursuant to
				5:75A-2.2; and
3. A listing of fire companies and departments
				involved in the local fire mutual aid plan.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 75A - FIRE SERVICE RESOURCE EMERGENCY DEPLOYMENT › Subchapter 2 - LOCAL AND COUNTY FIRE SERVICE RESOURCE EMERGENCY DEPLOYMENT › Section 5:75A-2.6 - Procedure during fire emergency incident; local; county

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event of an
				emergency incident, the incident commander shall determine whether additional fire
				service resources are required and, if so, shall first call upon the members of his
				or her local fire mutual aid plan.
(b)
				Should the incident commander determine, after calling for assistance from members
				of his or her local fire mutual aid plan, that further fire service resources are
				required to respond to the emergency incident, he or she shall request that the
				county fire coordinator place the county fire mutual aid plan into effect.
1. Upon making such a request, the incident
				commander also shall notify the municipal emergency management coordinator appointed
				pursuant to section 8 of P.L. 1953, c.438 (N.J.S.A. App. A:9-40.1) of the emergency
				incident so that the municipal emergency management coordinator may alert and
				utilize his or her staff should additional emergency resources be
				required.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 75A - FIRE SERVICE RESOURCE EMERGENCY DEPLOYMENT › Subchapter 2 - LOCAL AND COUNTY FIRE SERVICE RESOURCE EMERGENCY DEPLOYMENT › Section 5:75A-2.7 - Procedures during fire disaster incident; local; county

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event of an
				emergency incident, the incident commander may declare a local fire emergency
				disaster. In making any such determination, the incident commander shall utilize the
				best information then available.
(b)
				Whenever a local fire emergency disaster is declared pursuant to (a) above, the
				municipal emergency management coordinator shall activate the municipal emergency
				operations plan adopted pursuant to section 19 of P.L. 1989, c.222 (N.J.S.A. App.
				A:9-43.2).
(c) The county fire
				coordinator shall maintain a liaison with the supervisory representative of the
				forest fire service in deploying fire service resources and coordinating protection
				activities during wildfire emergency incidents pursuant to
				13:9-1 et seq.
(d) The county fire coordinator shall request
				additional resources, beyond those from within his or her county, through the
				regional or State fire coordinator. The regional or State fire coordinator shall
				utilize the Office of Emergency Management system to request these
				resources.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 75A - FIRE SERVICE RESOURCE EMERGENCY DEPLOYMENT › Subchapter 3 - REGIONAL AND STATE COORDINATION OF FIRE SERVICE RESOURCES › Section 5:75A-3.1 - Powers of State fire coordinator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The State fire
				coordinator shall have all powers necessary or convenient to effectuate the purposes
				of this chapter including, without limitation, power:
1. To enforce and administer the provisions of
				this chapter;
2. To seek mandatory
				injunctive relief in State courts;
3. To
				issue subpoenas for the production of persons, things, and documents that are
				necessary to achieve compliance with the provisions of this chapter;
4. To prosecute or cause to be prosecuted
				violators of the provisions of this chapter in administrative hearings and in civil
				proceedings in State and local courts;
5. To assess penalties and to compromise and
				settle a claim for a penalty for a violation of the provisions of this chapter in an
				amount as may appear appropriate and equitable;
6. To hold and exercise all the rights and
				remedies available to a judgment creditor;
7. To require any unit of the fire service to
				provide information periodically on the status, condition and readiness of any of
				the unit's fire service resources or any other information deemed necessary in a
				form and manner established by the State fire coordinator. A copy of this inventory
				shall be provided to the regional fire coordinator and the State fire coordinator
				whenever requested by the State fire coordinator; and
8. To act as a liaison to an incident commander to
				provide resources and other functions as requested by the incident
				commander.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 75A - FIRE SERVICE RESOURCE EMERGENCY DEPLOYMENT › Subchapter 3 - REGIONAL AND STATE COORDINATION OF FIRE SERVICE RESOURCES › Section 5:75A-3.2 - Regional coordinators

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There shall be a minimum of four regional fire
				coordinators appointed by the State fire coordinator, each assigned to geographical
				areas that are consistent with the following regional response areas:
1. Urban Area Security Initiative
				(UASI);
2. Northwest;
3. Shore; and
4. Delaware River.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 75A - FIRE SERVICE RESOURCE EMERGENCY DEPLOYMENT › Subchapter 3 - REGIONAL AND STATE COORDINATION OF FIRE SERVICE RESOURCES › Section 5:75A-3.2A - New Jersey State Forest Fire Service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The State
				Firewarden, pursuant to
				13:9-1 et seq., supervises the Forest
				Fire Service and cooperating agencies with respect to the protection of forest from
				wildfire.
(b) Forest Fire Wardens have
				control and direction of all firefighting resources involved in the control and
				extinguishment of wildfires. Forest Fire Wardens serve as the Incident Commander of
				any fire incidents in the Department of Environmental Protection's jurisdictional
				areas.
(c) The Forest Fire Service shall
				maintain a Statewide fire mutual aid plan.
(d) The Forest Fire Service shall comply with this
				chapter when requesting fire service mutual aid and shall make such requests to the
				State fire coordinator through the appropriate county or regional fire
				coordinators.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 75A - FIRE SERVICE RESOURCE EMERGENCY DEPLOYMENT › Subchapter 3 - REGIONAL AND STATE COORDINATION OF FIRE SERVICE RESOURCES › Section 5:75A-3.3 - Inter-county and regional coordination of fire service resources

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever a county
				fire coordinator determines that fire service resources are needed from other
				counties due to an emergency incident or a local fire emergency disaster, the county
				fire coordinator shall notify the regional fire coordinator with responsibility for
				that county.
1. Notification is not necessary if
				cross county mutual aid is included in the local fire mutual aid plan and the
				requested resources do not exceed those in the local fire mutual aid plan.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 75A - FIRE SERVICE RESOURCE EMERGENCY DEPLOYMENT › Subchapter 3 - REGIONAL AND STATE COORDINATION OF FIRE SERVICE RESOURCES › Section 5:75A-3.4 - State coordination of fire service resources

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The State fire
				coordinator shall be empowered and authorized to issue immediately an order of
				deployment and require any unit of the fire service to respond, be recalled, standby
				or deploy any or all of its fire service resources to any location and for any
				period of the emergency incident or local fire emergency disaster whenever the State
				fire coordinator:
1. Makes the determination that
				fire service resources should be deployed to assist in fire suppression and related
				activities in another state during a fire emergency in that state; or
2. Makes the determination, in consultation with
				the regional fire coordinator and county fire coordinator for the county from which
				an emergency incident or a local fire emergency disaster originates, that the
				emergency incident or local fire emergency disaster requires the deployment of fire
				service resources beyond those established in the local or county fire mutual aid
				plan.
i. The deployment order shall be sent to one
				or more regional or county fire coordinators requesting the specific number of units
				of the fire service. The regional and/or county fire coordinator shall implement the
				deployment order in a manner consistent with the county fire mutual aid plan for
				that county.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 75A - FIRE SERVICE RESOURCE EMERGENCY DEPLOYMENT › Subchapter 3 - REGIONAL AND STATE COORDINATION OF FIRE SERVICE RESOURCES › Section 5:75A-3.5 - Enforcement of order of deployment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any State or local
				law enforcement agency or officer may enforce an order of deployment issued by the
				State fire coordinator pursuant to this chapter.
(b) If the State fire coordinator shall determine
				that such enforcement is essential in order to facilitate the immediate response to
				an emergency incident or local fire emergency disaster, he or she shall so notify
				any State or local law enforcement agency or officer and that agency or officer
				shall forthwith enforce that order of deployment.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 75A - FIRE SERVICE RESOURCE EMERGENCY DEPLOYMENT › Subchapter 3 - REGIONAL AND STATE COORDINATION OF FIRE SERVICE RESOURCES › Section 5:75A-3.6 - Violations; penalties; hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person or entity
				who knowingly and willfully violates, causes to violate, hinders, or otherwise
				interferes with an order of the State Fire Coordinator issued pursuant to this
				chapter shall be liable to a penalty of not more than $ 10,000 for each violation.
1. The maximum penalty of $ 10,000 shall only be
				assessed to an entity that self-deploys to an incident without specific orders
				through the State's county fire coordinator system.
2. The maximum penalty for an administrative
				violation shall be limited to $ 1,000 for each violation.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 75A - FIRE SERVICE RESOURCE EMERGENCY DEPLOYMENT › Subchapter 3 - REGIONAL AND STATE COORDINATION OF FIRE SERVICE RESOURCES › Section 5:75A-3.7 - Amendments

Current through Register Vol. 56, No. 14, July 15, 2024
The Commissioner and State fire coordinator may consult with the
				  21 county fire coordinators, the regional fire coordinators, and the New Jersey Fire
				  Safety Commission prior to proposing amendments or additions to these rules.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 76 - RESIDENTIAL DISABILITY IDENTIFICATION EMBLEMS › Subchapter 1 - GENERAL PROVISIONS › Section 5:76-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this
				chapter is to assist emergency service responders in locating persons with
				disabilities in residential emergencies.
(b) This chapter shall apply to all disabled
				persons who apply to the Division of Fire Safety for residential disability
				identification emblems. Additionally, this chapter shall apply to all owners or
				occupants of residential dwellings with disability identification emblems for which
				the emblem is not applicable.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 76 - RESIDENTIAL DISABILITY IDENTIFICATION EMBLEMS › Subchapter 1 - GENERAL PROVISIONS › Section 5:76-1.2 - Definition of "person with a disability"

Current through Register Vol. 56, No. 14, July 15, 2024
(a) "Person with a
				disability" means a person who:
1. Is severely and
				permanently disabled and cannot ambulate without the use of assistive devices, such
				as a cane, crutch, wheelchair, prosthetic device or other person; or
2. Suffers from lung disease or uses portable
				oxygen; or
3. Has a cardiac condition to
				the extent that the person's functional limitations are classified in severity as a
				class III or class IV, according to the American Heart Association; or
4. Is deaf or hard of hearing; or
5. Has permanent sight impairment in both eyes as
				certified by the New Jersey Commission for the Blind; or
6. Is someone whose ability to walk is severely
				and permanently limited due to an arthritic, neurological, or orthopedic condition.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 76 - RESIDENTIAL DISABILITY IDENTIFICATION EMBLEMS › Subchapter 1 - GENERAL PROVISIONS › Section 5:76-1.3 - Residential Disability Identification Emblem; application; certification; renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon approval of an
				application and supporting documentation, the Division of Fire Safety shall issue to
				a person with a disability a residential disability identification emblem. An
				application and supporting documentation shall be re-submitted once every two
				years.
(b) A residential disability
				identification emblem application shall not be accepted if it is not on a Division
				of Fire Safety approved form.
(c) A
				residential disability identification emblem application shall include a
				certification by a licensed medical doctor, podiatrist or physician licensed to
				practice in New Jersey or a bordering state that the applicant is a person with a
				disability as defined in this chapter.
1. A person
				who has a current Division of Motor Vehicle Services-issued Handicapped Parking
				Placard may submit with his or her residential disability identification emblem
				application the handicapped parking placard permit number and expiration date
				instead of a doctor's, podiatrist's or physician's certificate.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 76 - RESIDENTIAL DISABILITY IDENTIFICATION EMBLEMS › Subchapter 1 - GENERAL PROVISIONS › Section 5:76-1.4 - Locations on residential dwellings; removal; enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On one- and
				two-family dwellings, the residential disability identification emblem shall be
				placed on or near the main entrance and shall be visible from the outside of the
				dwelling.
1. Additional residential disability
				identification emblems on one- and two-family dwellings may be placed on the window
				or windows where the person needing assistance is stationed or where that person
				sleeps.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 1 - GENERAL PROVISIONS › Section 5:80-1.1 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
These regulations are issued pursuant to the authority of the New
				  Jersey Housing and Mortgage Finance Agency Law of 1983,
				  55:14K-1 et seq., and specifically
				  section 5g thereof, N.J.S.A. 55:14K-5g.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 1 - GENERAL PROVISIONS › Section 5:80-1.2 - Purpose and objective

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These regulations
				are established to effectuate and shall be applied to accomplish the general
				purposes of the New Jersey Housing and Mortgage Finance Agency including:
1. Assuring the availability of rental and
				owner-occupied housing in the State of New Jersey (State);
2. Stimulating the construction, rehabilitation
				and improvement of adequate and affordable housing in the State so as to increase
				the number of housing opportunities for New Jersey residents, particularly those of
				low and moderate income;
3. Enhancing
				the production capacity of the private sector in meeting the housing needs of
				residents of the State;
4. Assisting in
				the revitalization of the State's urban areas; and
5. Responding to changing housing demographic and
				economic circumstances by the development of innovative and flexible financing
				vehicles.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 1 - GENERAL PROVISIONS › Section 5:80-1.4 - Regulations regarding housing projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All Agency financing
				in connection with housing projects having more than 25 units, including eligible
				loans and loans to lenders made with regard to housing projects, shall be subject to
				N.J.A.C. 5:80-2 through 9, 17, 18, 20, and 29 through 32. Where appropriate, other
				regulations within this chapter are specifically made applicable to housing
				projects. N.J.A.C. 5:80-2 through 9, 17, 18, 20, and 29 through 32 shall not apply
				to:
1. The construction or rehabilitation of:
i. Continuing care retirement
				communities;
ii. Nonresidential
				facilities or structures (other than those permitted within a housing
				project);
iii. Boarding
				houses;
iv. Residential developments
				having 25 dwelling units or less; or
v.
				Special needs projects;
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 2 - ACTIONS REGARDING HOUSING SPONSORS › Section 5:80-2.1 - Rights of housing sponsors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Wherever possible,
				the Agency will permit, provide for and encourage the right of local housing
				sponsors to exercise their own initiative and competence in the administration of
				their assets and the conduct and operation of housing projects, and exercise their
				rights and responsibilities to the fullest extent permitted by law.
(b) The provisions of the Act pertaining to the
				regulation and assumption of powers and duties of housing sponsors shall be for the
				purposes of protecting the collateral for any loan or loans; implementing or
				enforcing any condition, requirement or criterion for loans or any agreement between
				a housing sponsor and the Agency; securing the rights and remedies of lenders and
				bondholders; and protecting the interests of tenants at housing projects.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 2 - ACTIONS REGARDING HOUSING SPONSORS › Section 5:80-2.2 - Consultation with housing sponsors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the
				adoption, amendment, or repeal of any rule governing the operation of
				Agency-financed housing projects, the Agency shall:
1. Submit a proposed form of the rule to be
				adopted, amended or repealed to the Office of Administrative Law for publication in
				the New Jersey Register for the requisite public comment period, in accordance with
				the Administrative Procedure Act,
				52:14B-1 et seq.; and
2. Give housing sponsors or their agent(s) written
				notice of the proposed rule to be adopted, amended or repealed. The notice shall be
				given prior to or simultaneously with the date the proposed rule will be published
				in the New Jersey Register for public comment.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 2 - ACTIONS REGARDING HOUSING SPONSORS › Section 5:80-2.3 - Temporary appointment of Agency representative to perform functions on behalf of housing sponsors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Agency will
				exercise its remedies and powers under N.J.S.A. 55:14K-7b(6) only with regard to
				material violations and only after reasonable notice and reasonable opportunity to
				correct the violation has been provided to the housing sponsor in accordance with
				the procedures set forth below.
(b)
				General areas in which material violations could result in Agency action include:
1. A material violation by the housing sponsor of
				the terms of any mortgage, mortgage note or regulatory agreement between the Agency
				and the housing sponsor;
2. A material
				violation by the housing sponsor of an agreement with the municipality under which
				it has been granted tax exemption;
3. A
				material violation by the housing sponsor of the Act or any rules and regulations of
				the Agency;
4. A determination by the
				Agency that any loan or advance from the Housing Development Fund pursuant to
				55:14K-30 is in jeopardy of not being
				repaid.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 3 - RETURN ON EQUITY › Section 5:80-3.1 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter is promulgated pursuant to authority of N.J.S.A.
				  55:14K-5g and N.J.S.A. 55:14K-7a(6).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 3 - RETURN ON EQUITY › Section 5:80-3.2 - Housing projects' rate of return

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For all eligible
				loans for housing projects made by the Agency, the rate of return on its investment
				in the housing project, as determined by the Agency (stated equity), which can be
				paid or earned by the housing sponsor or its principals or stockholders, shall be
				determined pursuant to
				N.J.A.C.
				5:80-3.3 and be paid on a cumulative but not
				compounded basis. This restriction shall apply for the full term of the Agency's
				loan and shall apply to return on investment earned or received upon construction
				and rehabilitation of the housing or from the operations of the housing or upon the
				sale, assignment, or lease of the housing, subject only to the applicable
				provisions, if any, of the Agency's rules concerning the sale of projects owned by
				nonprofit sponsors and transfer of ownership interests.
(b) Housing sponsors who have agreed to an annual
				rate of return of less than eight percent pursuant to the Agency's former governing
				statute, N.J.S.A. 55:14J-1 et seq. (repealed by P.L. 1983, c. 530), may request a
				one-time increase in the rate that shall be calculated pursuant to
				N.J.A.C.
				5:80-3.3(f)  upon meeting the
				following criteria:
1. The housing project has
				funds, including development cost escrows (DCE) or community development escrows
				(CDE), operating, savings and investment accounts, and all other funds, accounts,
				and escrows of the project, of an amount equal to three months of operating expenses
				(for senior citizens projects) or six months of operating expenses (for family
				projects), which includes debt service and reserve payments of the Agency-approved
				annual budget in effect at the time of the request and after deducting the following
				from the amount of available funds:
i. Debt
				service arrearages;
ii. Current unpaid
				invoices;
iii. Fully-funded tax,
				insurance, reserve for repair and replacement and all other escrow accounts except
				the DCE and CDE;
iv. The amount of
				anticipated or proposed repairs or capital improvements; and
v. Any other current obligation of the
				project.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 3 - RETURN ON EQUITY › Section 5:80-3.3 - Investment calculation for housing projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For each eligible
				loan made by the Agency for a housing project, the Agency shall determine, at the
				time of initial mortgage closing, the investment made by the housing sponsor.
				Investment shall include:
1. Actual cash or cash
				equivalent as determined by the Agency;
2. Professional fees pledged toward approved
				project cost; and
3. Any grants and/or
				loans procured by the Sponsor to the extent they are applied to Agency approved
				project costs and to the extent they are not repayable from project funds.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 3 - RETURN ON EQUITY › Section 5:80-3.4 - Conditions required for distribution

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				conditions must be met before a return on investment will be authorized by the
				Agency:
1. A final mortgage closing must be held,
				unless a waiver is granted in accordance with (b) below;
2. The project must be current in all financial
				obligations, including debt service, repair and replacement reserve and tax and
				insurance escrows. For purposes of this paragraph, project reserve accounts shall be
				considered current if they are funded to an acceptable level, as determined by the
				Agency, in accordance with the Agency's funding schedule;
3. Compliance with all repairs required by the
				Agency based upon the Agency's most recent physical inspection report;
4. All required reports and statements must be
				submitted by the housing sponsor;
5.
				Surplus cash must be available at the time of the request; and
6. The housing sponsor must use forms as required
				by the Agency when requesting a return on investment.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 3 - RETURN ON EQUITY › Section 5:80-3.5 - Waiver

Current through Register Vol. 56, No. 14, July 15, 2024
If the Agency grants any waiver pursuant to N.J.A.C. 5:80-19
				  which by its nature affects a rate of return established by this subchapter, then
				  the Agency in granting such waiver will establish a revised rate of return for any
				  affected project.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 5 - TRANSFER OF OWNERSHIP INTERESTS › Section 5:80-5.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall
				  have the following meanings, unless the context clearly indicates otherwise:
"Cash proceeds" means that portion of the purchase price paid by
				  the buyer to the seller in cash equivalent acceptable to the Agency at closing or in
				  successive years following the closing as determined by the Agency.
"Closing" means the date on which title or other interest in the
				  housing project is transferred from seller to buyer.
"Conversion" means transfers involving sale of the housing project
				  owned by a nonprofit corporation to an ownership entity having profit motivated
				  status such as a limited partnership.
"Portfolio Reserve Account" means that fund established pursuant
				  to N.J.A.C.
				  5:80-5.9(b)  intended primarily
				  for financial support for any housing project financed by the Agency.
"Purchase price" means the cash proceeds plus secondary financing,
				  if any, plus existing mortgage(s) assumed by the buyer.
"Secondary financing," both secured and unsecured, means any
				  portion of the purchase price that is not paid in cash proceeds or by assuming an
				  existing indebtedness. Secondary financing will be permitted as set forth in
				  5:80-5.7.
"Seller" means the existing mortgagor and owner of the housing
				  project having a loan from the Agency.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 5 - TRANSFER OF OWNERSHIP INTERESTS › Section 5:80-5.2 - General policy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be effective, all proposed changes in
				ownership interests of an Agency-financed housing project must receive the prior
				review and written approval of the Executive Director.
(b) The prior specific review and approval of the
				Agency members is required if a proposed change involves a general partner, or
				shareholder with more than a 10 percent interest, or where the change involves a
				transfer of control of the housing sponsor.
(c) Changes in ownership processed under these
				rules shall not result in a modification of the statutory, regulatory or contractual
				requirements governing the housing sponsor and housing project except as may be
				provided in cases of prepayment pursuant to
				5:80-5.10.
(d) The Agency is under no obligation to approve
				the transfer or resale, unless the proposed buyer has the financial sufficiency,
				organizational capabilities, background and previous housing experience that will
				help ensure that the buyer will be capable of operating the project.
(e) The approval of the Public Housing and
				Development Authority must be obtained where necessary pursuant to the
				Limited-Dividend Nonprofit Housing Corporations or Associations Law, N.J.S.A.
				55:16-1 et seq. (repealed by P.L. 1991, c. 431, § 20) (Limited Dividend
				Law).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 5 - TRANSFER OF OWNERSHIP INTERESTS › Section 5:80-5.3 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The regulations in
				this subchapter are applicable in their entirety to all proposed changes to or
				transfers of ownership interests except the following:
1. Changes or transfers that are fully encompassed
				by the separate regulations involving nonprofit conversions (N.J.A.C. 5:80-6 ). The
				conversion regulation shall be applicable to transfers involving conversions unless
				the Agency determines that such treatment would jeopardize the viability of the
				housing project, in which case the Agency, in its discretion, may apply these
				regulations to such conversion. In the event, however, of any conflict or
				inconsistency between the provisions of these regulations and N.J.A.C. 5:80-6 as it
				applies to such conversion, the provisions of N.J.A.C. 5:80-6 shall
				control;
2. Changes or transfers that
				represent the first sale of partnership or shareholder interests in order to provide
				syndication proceeds on nonprofit conversions, provided such sale occurs within nine
				months of the conversion closing;
3.
				Changes or transfers for projects that had profit motivated ownership status at
				initial mortgage closing and where such changes or transfers occur within three
				months of the Agency's recognition of completion of construction or rehabilitation
				of the project for projects receiving both construction and permanent financing or
				within three months following the mortgage closing for projects receiving permanent
				financing only;
4. In the case of
				proposed changes or transfers of ownership of assisted living residences (ALRs), if
				any provision(s) of this chapter are in conflict with any provision(s) of N.J.A.C.
				8:36 the provision(s) of N.J.A.C. 8:36 shall govern.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 5 - TRANSFER OF OWNERSHIP INTERESTS › Section 5:80-5.4 - Procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The seller must
				initially submit to the Executive Director a written request for approval of any
				proposed change in ownership. The request must contain a detailed description of the
				terms of sale or other ownership changes and a statement of the reasons for the
				proposed sale. The seller must also identify in detail and in a written report, the
				present physical, financial, management and tenant needs of the housing project. The
				Agency will review this report for completeness and accuracy, may require additional
				information or revisions to the report and may conduct its own review of the housing
				project's condition and operation.
(b)
				All essential parties within the seller's organization documents must approve the
				transfer or sale. An affidavit and opinion of the seller's legal counsel must be
				submitted to the Agency as proof of the legality of the transfer pursuant to the
				seller's Partnership Agreement or any other document and all applicable laws and
				regulations. An opinion of the buyer's legal counsel may also be requested by the
				Agency.
(c) In selecting the prospective
				buyer, the seller may solicit as many proposals as it deems necessary. Bidding is
				not required. The seller may negotiate among prospective buyers to obtain the best
				financial package/offer. Full and complete disclosure as to the nature and amount of
				the transaction must be made in writing to the Agency.
(d) As a condition of approving the transfer, the
				Agency will require that the housing project be restored to sound physical condition
				in accordance with the report submitted by the seller and the independent review by
				the Agency. Deferred maintenance must be corrected at the time of transfer unless
				otherwise approved by the Agency. Necessary repairs and capital improvements must be
				completed within a time frame acceptable to the Agency. A schedule for performing
				the work and a letter of credit or bond in the amount needed to complete the work
				must be provided to the Agency at closing.
(e) Cash contributions must be sufficient to fund
				both immediate and anticipated reserve needs. The mortgage and all fees and charges
				due the Agency must be current at the time of closing. All housing project reserve
				accounts must be funded to an acceptable level, as determined by the Agency, within
				12 months from the date of transfer in accordance with the Agency's repair and
				replacement funding schedule.
(f)
				Contributions toward the purchase price from any sources other than cash proceeds
				must be identified.
(g) Upon assignment
				and assumption of the Agency's mortgage, modifications shall be made to the mortgage
				clearly specifying the Agency's right to enforce these regulations.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 5 - TRANSFER OF OWNERSHIP INTERESTS › Section 5:80-5.5 - Scope of review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The scope of the
				Agency's review of transfer depends on the nature of the interest to be transferred.
				A transfer of 90 percent or more of the ownership interest requires full review.
				Full review is also required in the following instances.
1. Transfer of title from the seller to any other
				party;
2. Any conveyance or attempted
				conveyance by land contract;
3. Transfer
				of 90 percent or more of the interest in the partnership/owner within a five year
				period;
4. A change in general partners
				or management control of the owner.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 5 - TRANSFER OF OWNERSHIP INTERESTS › Section 5:80-5.6 - Required documents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Required documents for a modified review must
				be satisfactory to the Agency and include at least the following:
1. Administrative questionnaires for
				buyer;
2. Complete description of the
				transaction;
3. Copy of Partnership
				Certificate with proposed revisions;
4.
				Any other documents determined by the Agency to be necessary.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 5 - TRANSFER OF OWNERSHIP INTERESTS › Section 5:80-5.7 - Secondary financing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Secondary financing, representing a portion of
				the purchase price, may be permitted by the Agency. However, the following
				limitations exist where secondary financing is an element of the transaction:
1. The Agency will review and may restrict all
				secondary financing particularly where the secondary financing is secured by a lien
				on the project;
2. Repayment of
				secondary financing cannot be taken into consideration in determining the rents to
				be charged tenants;
3. The second
				mortgage, security agreement, or any other debt instrument must be subordinate to
				any existing mortgage of the Agency;
4.
				In the event of a declaration of default on any existing mortgage held by the
				Agency, the secondary financing debt and all rights thereunder to rent or any other
				project income or assets shall be assigned to the Agency.