N.J. Admin. Code § 5:24-2.5

Current through Register Vol. 56, No. 9, May 6, 2024

Section 5:24-2.5 - Determination of eligibility

(a) As required by the Act, the administrative agency or officer shall make a determination as to a tenant's eligibility within 30 days of receipt of a completed application from such tenant. An application form shall be deemed to be completed when all supplementary documentation required by the administrative agency or officer has been submitted.

(b) The administrative agency or officer shall determine each applicant to be eligible, conditionally eligible or ineligible.

1. A tenant shall be determined to be eligible only if he or she has established, to the reasonable satisfaction of the administrative agency or officer, that he or she meets all requirements established by the Act as of the date of application.

2. A tenant shall be determined to be conditionally eligible only if he or she has established to the reasonable satisfaction of the administrative agency or officer, that he or she meets all requirements established by the Act as of the date of application, except the one-year residency requirement or the 62-year age requirement, or both; provided, however, that the one-year residency requirement shall not apply to a tenant who is occupying the unit as his or her principal residence under a lease with a term of more than one year.

i. A conditionally eligible tenant shall automatically become eligible if the conversion recording, as defined in the Act, occurs after the tenant's first anniversary of establishing a principal residence in the building, if applicable, or 62nd birthday, whichever is later.

ii. If the conversion recording precedes either such first anniversary, in the case of a tenant not having a lease with a term of more than one year, or such 62nd birthday, the tenant shall automatically become ineligible.

iii. In the event that a tenant is determined to be conditionally eligible the determination notice sent to the tenant and to the owner shall indicate the date after which the tenant will be eligible if the conversion recording has not been made.

3. Any tenant not determined to be either eligible or conditionally eligible shall be determined to be ineligible.

(c) Both the owner and the tenant shall have the right to review any documentation upon which a determination by the administrative agency or officer was based within five days of receipt by the owner or tenant, as the case may be, of notice of the determination.

1. The notice of determination shall include the following sentence, which shall be printed prominently and in capital letters: "YOU HAVE THE RIGHT TO REVIEW, AT THIS OFFICE, ANY DOCUMENTATION UPON WHICH THIS DETERMINATION WAS BASED WITHIN FIVE DAYS OF YOUR RECEIPT OF THIS NOTICE."

N.J. Admin. Code § 5:24-2.5

Amended by R.1988 d.362, effective 8/1/1988.
See: 20 New Jersey Register 1026(b), 20 New Jersey Register 1877(a).
Added (c).
Amended by R.1991 d.252, effective 5/20/1991.
See: 23 New Jersey Register 645(a), 23 New Jersey Register 1662(a).
Residency requirement changed from two years to one year, and not applicable in the case of a principal resident lease for more than one year.