N.J. Admin. Code § 5:11-3.5
Current through Register Vol. 56, No. 11, June 3, 2024
Section 5:11-3.5 - Rental assistance payments(a) A family or an individual lawfully occupying a rental dwelling unit for a period of not less than 90 days prior to the eligibility date as specified who vacates the rental dwelling unit after receiving governmental notice to vacate and who rents and occupies comparable decent, safe and sanitary replacement housing shall be eligible for a rental assistance payment in an amount not to exceed $ 4,000 or such higher amount as may be established by statute.(b) The actual amount of the rental assistance payment shall be the difference between the average monthly rent, including essential utilities, for the rental dwelling unit and the lesser of the "fair market rental" for the replacement unit, as determined in accordance with the current schedule issued by the United States Department of Housing and Urban Development, provided, however, that for purposes of this computation, the "fair market rental" shall be increased by up to 20 percent if the Department agrees that a suitable replacement unit cannot be rented for a lesser amount, or the actual monthly rental payment paid for a replacement unit, times 48, not exceeding $ 4,000 or such higher amount as may be established by statute.1. Once calculated, the amount of this benefit shall remain constant and shall neither increase nor decrease.2. If the rental assistance payment is in the amount of $ 1,000 or less, the displacing agency shall make the entire payment at one time.(c) If the rental assistance payment exceeds $ 1,000, the displacing agency shall make the payment in three equal annual installments upon verification that the tenant remains in comparable standard housing and that rent payments are current, unless the relocation agency finds that there exists a reasonable cause for any non-payment of rent. 1. Should the tenant move outside the State and farther than 50 miles away from the unit from which he was displaced or fail to occupy comparable standard housing during the three-year period, the displacing agency may discontinue further rental assistance payments. The 50 mile radius provided herein may be enlarged by the displacing agency, in its discretion.2. If the rental assistance payments are not consecutive because the tenant moved into substandard housing or moved outside the authorized area or failed to appear for payment when due, the tenant, if he or she is no longer living in substandard housing or outside the authorized area, must reactivate his or her claim within one year of the last prior date on which he or she would have been eligible to receive the rental assistance payment. A person who is unable to come to the relocation assistance office because of long-term illness or disability may file his or her claim through a family member or other authorized agent.(d) Rental rates for comparable replacement housing shall be as set forth in a rent schedule based on FHA fair market rents for the area to which relocation occurs.(e) A tenant shall also receive a payment to reimburse him for any fee paid to a licensed real estate salesman who finds a person replacement housing with prior approval of the displacing agency.(f) A tenant who relocates into a dwelling unit which is subsidized by any governmental program on the basis of the tenant's income shall not receive any rental assistance payment in any year.N.J. Admin. Code § 5:11-3.5
Amended by R.1982 d.71, effective 3/15/1982.
See: 14 N.J.R. 72(a), 14 N.J.R. 278(a).
(f) added.
Amended by R.1984 d.127, effective 4/16/1984.
See: 16 N.J.R. 175(a), 16 N.J.R. 870(b).
Recodified from N.J.A.C. 5:11-3.2
Section substantially amended.
Amended by R.1988 d.41, effective 1/19/1988.
See: 19 N.J.R. 1930(a), 20 N.J.R. 185(a).
(b) and (c) substantially amended.
Amended by R.1989 d.188, effective 4/3/1989.
See: 21 N.J.R. 231(b), 21 N.J.R. 891(a).
In (a), language added providing for higher than $ 4000.00 payments if established by statute.
Amended by R.1994 d.174, effective 4/4/1994.
See: 26 N.J.R. 289(a), 26 N.J.R. 1493(b).