N.J. Admin. Code § 5:80-26.1 - Purpose and applicability

This subchapter is designed to implement the New Jersey Fair Housing Act (Act), N.J.S.A. 52:27D-301 et seq., by ensuring that low- and moderate-income units created pursuant to the Act are occupied by low- and moderate-income households for an appropriate period of time. This subchapter provides rules for the establishment and administration of affordability controls on restricted units that receive credit under the Act (including, but not limited to, units in municipalities that have received a compliance certification or are in the process of seeking compliance certification, as that term is defined at N.J.S.A. 52:27D-304; that have a court-approved settlement agreement and/or judgment of compliance and repose; that have been or are the subject of exclusionary zoning litigation, including, but not limited to, builder's remedy litigation; that received credit from the former Council on Affordable Housing); or received funding from the Department pursuant to the Affordable Housing Trust Fund (AHTF), previously known as the Neighborhood Preservation Balanced Housing Program; or the Department's Federal HOME Investment Partnerships program, 24 CFR Part 92 ; that received funding from the Agency through its UHORP, MONI, or CHOICE programs; or with respect to which a municipality or developer contracts with the Agency, HAS, or other experienced administrative agent approved by DCA for the administration of affordability controls pursuant to the Act. Unless expressly stated otherwise herein, this subchapter applies to all restricted units described in the foregoing sentence, regardless of the date on which the units were created; provided, however, that the rules do not apply to units qualifying for the Federal Low-Income Housing Tax Credit (LIHTC) pursuant to Section 42 of the Internal Revenue Code, units that received Balanced Housing funds pursuant to the Agency's Home Express program, or units receiving funding from HUD pursuant to the Federal HOME Investment Partnerships program, 24 CFR Part 92 ; the National Housing Trust Fund program, 24 CFR Part 93 ; the HUD Section 202 Supportive Housing for the Elderly program, 24 CFR Part 891 ; the HUD Section 811 Supportive Housing for Persons with Disabilities program, 24 CFR Part 891 ; the HUD HOPE VI program; or the Federal Home Loan Bank Affordable Housing Program, 12 CFR Part 1291 . However, newly constructed LIHTC units that receive credit pursuant to the Act must be affirmatively marketed by the developer/owner of those units in accordance with N.J.A.C. 5:80-26.16. Transitional housing units are governed by the rules of their sponsoring programs, such as the Recovery Housing Program, authorized by section 8071 of the SUPPORT for Patients and Communities Act, Pub.L. 115-271, § 8071, 132 Stat . 3894 (2018).

Notes

N.J. Admin. Code § 5:80-26.1

Amended by 49 N.J.R. 3423(c), effective 10/16/2017 Amended by 57 N.J.R. 389(a), effective 12/20/2024