New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 40 - HOUSING PREFERENCE FOR VETERANS AND SURVIVING SPOUSES › Subchapter 1 - GENERAL PROVISIONS › Section 5:40-1.2 - 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 meaning, unless the context clearly indicates otherwise.
"Active service in time of war" means active service at some time
				  during one of the following periods:
1. Operation "Iraqi Freedom," on or after the date the President
				  of the United States or the United States Secretary of Defense designates as the
				  inception date of that operation, who served in Iraq or in another area in the
				  region in direct support of that operation for a period, continuously or in the
				  aggregate, of at least 14 days in such active service commencing on or before the
				  date the President of the United States or the United States Secretary of Defense
				  designates as the termination date of that operation; provided, that any person
				  receiving an actual service-incurred injury or disability while engaged in such
				  service shall be classed as a veteran whether or not that person has completed the
				  14 days' service;
2. Operation "Enduring Freedom," on or after September 11, 2001,
				  who served in a theater of operation and in direct support of that operation for a
				  period, continuously or in the aggregate, of at least 14 days in such active service
				  commencing on or before the date the President of the United States or the United
				  States Secretary of Defense designates as the termination date of that operation;
				  provided, that any person receiving an actual service-incurred injury or disability
				  while engaged in such service shall be classed as a veteran whether or not that
				  person has completed the 14 days' service;
3. Operation "Restore Hope" in Somalia, on or after December 5,
				  1992, or the date of inception of that operation as proclaimed by the President of
				  the United States or Congress, whichever date is earliest, who has served in Somalia
				  or on board any ship actively engaged in patrolling the territorial waters of that
				  nation for a period, continuously or in the aggregate, of at least 14 days in such
				  active service commencing on or before March 31, 1994; provided that any person
				  receiving an actual service-incurred injury or disability shall be classed as a
				  veteran whether or not that person has completed the 14-day service;
4. Operations "Joint Endeavor" and "Joint Guard" in the Republic
				  of Bosnia and Herzegovina, on or after November 20, 1995, who served in such active
				  service in direct support of one or both of the operations for at least 14 days,
				  continuously or in the aggregate, commencing on or before June 20, 1998, and (1) was
				  deployed in that nation or in another area in the region, or (2) was on board a
				  United States naval vessel operating in the Adriatic Sea, or (3) operated in
				  airspace above the Republic of Bosnia and Herzegovina; provided that any person
				  receiving an actual service-incurred injury or disability shall be classed as a
				  veteran whether or not that person completed the 14-day service requirement;
5. Operation Northern Watch and Operation Southern Watch, on or
				  after August 27, 1992, or the date of inception of that operation, as proclaimed by
				  the President of the United States, Congress or United States Secretary of Defense,
				  whichever date of inception is earliest, who served in the theater of operation,
				  including in the Arabian peninsula and the Persian Gulf, and in direct support of
				  that operation for a period, continuously or in the aggregate, of at least 14 days
				  in such active service, commencing on or before the date of termination as
				  proclaimed by the President of the United States, Congress or United States
				  Secretary of Defense, whichever date of termination is the latest; provided, that
				  any person receiving an actual service-incurred injury or disability while engaged
				  in such service shall be classed as a veteran whether or not that person has
				  completed the 14 days' service;
6. Operation "Desert Shield/Desert Storm" mission in the Arabian
				  peninsula and the Persian Gulf, on or after August 2, 1990, or the date of inception
				  of that operation, as proclaimed by the President of the United States or Congress,
				  whichever date of inception is earliest, who has served in the Arabian peninsula or
				  on board any ship actively engaged in patrolling the Persian Gulf for a period,
				  continuous or in the aggregate, of at least 14 days commencing on or before the date
				  of termination of that mission, as proclaimed by the President of the United States
				  or Congress, whichever date of termination is the latest, in such active service;
				  provided, that any person receiving an actual service-incurred injury or disability
				  shall be classed as a veteran whether or not that person has completed the 14 days'
				  service;
7. The Panama peacekeeping mission, on or after December 20, 1989,
				  or the date of inception of that mission, as proclaimed by the President of the
				  United States or Congress, whichever date of inception is earliest, who has served
				  in Panama or on board any ship actively engaged in patrolling the territorial waters
				  of that nation for a period, continuous or in the aggregate, of at least 14 days
				  commencing on or before January 31, 1990, or the date of termination of that
				  mission, as proclaimed by the President of the United States or Congress, whichever
				  date of termination is the latest, in such active service; provided, that any person
				  receiving an actual service-incurred injury or disability shall be classed as a
				  veteran whether or not that person has completed the 14 days' service;
8. The Grenada peacekeeping mission, on or after October 23, 1983,
				  who has served in Grenada or on board any ship actively engaged in patrolling the
				  territorial waters of that nation for a period, continuous or in the aggregate, of
				  at least 14 days commencing on or before November 21, 1983, or the date of
				  termination of that mission as proclaimed by the President of the United States or
				  Congress, whichever date of termination is the latest, in such active service;
				  provided, that any person receiving an actual service-incurred injury or disability
				  shall be classed as a veteran whether or not that person has completed the 14 days'
				  service;
9. The Lebanon peacekeeping mission, on or after September 26,
				  1982, who has served in Lebanon or on board any ship actively engaged in patrolling
				  the territorial waters of that nation for a period, continuous or in the aggregate,
				  of at least 14 days commencing on or before December 1, 1987, or the date of
				  termination of that mission, as proclaimed by the President of the United States or
				  Congress, whichever date of termination is the latest, in such active service;
				  provided, that any person receiving an actual service-incurred injury or disability
				  shall be classed as a veteran whether or not that person has completed the 14 days'
				  service;
10. The Vietnam conflict, December 31, 1960, to May 7,
				  1975;
11. The Lebanon crisis, on or after July 1, 1958, who has served
				  in Lebanon or on board any ship actively engaged in patrolling the territorial
				  waters of that nation for a period, continuous or in the aggregate, of at least 14
				  days commencing on or before November 1, 1958, or the date of termination of that
				  conflict, as proclaimed by the President of the United States or Congress, whichever
				  date of termination is the latest, in such active service; provided, that any person
				  receiving an actual service-incurred injury or disability shall be classed as a
				  veteran whether or not that person has completed the 14 days' service as herein
				  provided;
12. The Korean conflict, June 23, 1950 to January 31, 1955;
13. World War II, September 16, 1940 to December 31, 1946;
14. World War I, April 6, 1917 to November 11, 1918, and in the
				  case of service with the United States military forces in Russia, April 6, 1917 to
				  April 1, 1920.
"County improvement authority" means a public entity created by a
				  county pursuant to
N.J.S.A. 40:37A-46
.
"Department" means the State of New Jersey Department of Community
				  Affairs.
"Disabled veteran" means any resident of the State who has been
				  honorably discharged or released under honorable circumstances from active service
				  in any branch of the Armed Forces of the United States, and who has been or shall be
				  declared by the United States Veterans Administration, or its successor, to have a
				  service-connected disability.
"HMFA" means the State of New Jersey Housing and Mortgage Finance
				  Agency.
"Honorably discharged or released under honorable circumstances
				  from active service in time of war" means and includes every form of separation from
				  active, full-time duty with military or naval pay and allowances in some branch of
				  the Armed Forces of the United States in time of war, other than those marked
				  "dishonorable," "undesirable," "bad conduct," "by sentence of general court
				  martial," "by sentence of summary court martial," or similar expression indicating
				  that the discharge or release was not under honorable circumstances. A disenrollment
				  certificate or other form of release terminating temporary service in a military or
				  naval branch of the armed forces rendered on a voluntary and part-time basis without
				  pay, or a release from or deferment of induction into the active military or naval
				  service shall not be deemed to be included in the aforementioned phrase.
"Housing project" means:
1. For purposes of HMFA, as it is defined in
N.J.S.A.
				  55:14K-3
.h.
2. For purposes of entities engaging in housing projects under the
				  authority of the Local Redevelopment and Housing Law, as it is defined in
N.J.S.A. 40A:12A-3
.
3. For purposes of an authority created pursuant to the County
				  Improvement Authorities Law, as it is defined in
N.J.S.A.
				  40:37A-107
.f.
"Housing voucher" means a rental assistance subsidy administered
				  by a public housing authority and paid to a landlord on behalf of a participating
				  household.
"Public housing authority" means a public entity created by a
				  county or municipality pursuant to the Redevelopment and Housing Law,
N.J.S.A. 40A:12A-17
. It may
				  also include the Department in those instances when it is acting in such a
				  capacity.
"Redevelopment agency" means a public entity created by a
				  municipality pursuant to the Redevelopment and Housing Law,
N.J.S.A.
				  40A:12A-11
. A public housing authority
				  may be permitted by a municipality to act as a redevelopment agency pursuant to
N.J.S.A. 40A:12A-21
.
"Resident" means a person legally domiciled within the State of
				  New Jersey. Mere seasonal or temporary residence within the State, of whatever
				  duration, shall not constitute domicile within the State for the purposes of this
				  chapter. Absence from this State for a period of 12 months shall be prima facie
				  evidence of abandonment of domicile in this State. The burden of establishing legal
				  domicile within the State shall be upon the claimant.
"Surviving spouse" means the surviving wife or husband of any of
				  the following, while he or she is a resident of this State, during widowhood or
				  widowerhood:
1. A citizen and resident of this State who has died or shall die
				  while on active duty in time of war in any branch of the Armed Forces of the United
				  States;
2. A citizen and resident of this State who has had or shall
				  hereafter have active service in time of war in any branch of the Armed Forces of
				  the United States and who died or shall die while on active duty in a branch of the
				  Armed Forces of the United States; or
3. A citizen and resident of this State who has been or may
				  hereafter be honorably discharged or released under honorable circumstances from
				  active service in time of war in any branch of the Armed Forces of the United
				  States.
"Veteran," as used in N.J.A.C. 5:40-2.1 and 2.5, means any citizen
				  and resident of this State honorably discharged or released under honorable
				  circumstances from active service in time of war in any branch of the Armed Forces
				  of the United States.
As used in N.J.A.C. 5:40-2.2, 2.3, and 2.4, "veteran" means any
				  resident of the State who has been honorably discharged or released under honorable
				  circumstances from active service in any branch of the Armed Forces of the United
				  States, or any honorably discharged member of the American Merchant Marine who
				  served during World War II and is declared by the United States Department of
				  Defense to be eligible for Federal veterans' benefits.
"Waiting list" means a formal record of applications for housing
				  assistance that identifies the applicant's name and time of application, and other
				  information pertinent to the application.