N.J. Admin. Code § 5:24-2.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 5:24-2.3 - Application procedure

(a) A tenant seeking protected tenancy status shall file a completed application form with the administrative agency or officer within 60 days of receipt of a notice and application form from the administrative agency or officer provided, however that a completed application form may be submitted at any time prior to the date of conversion recording if the administrative agency or officer is satisfied that there was reasonable cause for the delay in filing. Such reasonable cause shall include, but not be limited to, disability incurred at any time subsequent to receipt by the tenant of the notice and application form.

(b) Upon request of the administrative agency or officer, a tenant seeking protected tenancy status shall supplement the form with such documentation as the administrative agency or officer shall deem necessary in order to make a determination as to eligibility.

1. An application may be deemed incomplete, and may be rejected, if supplementary documentation is not provided to the administrative agency or officer within 10 days of request therefor; provided however, that this provision shall not be construed as precluding timely reapplication.

i. With respect to income, such documentation may include, but shall not be limited to, copies of income tax returns and certification of the amount received in Social Security payments or in payments from other sources of non-taxable income.

ii. Proof of age shall be in the form of a copy of a birth record or such documentation evidenced by a public record as the administrative agency or officer shall deem to be equivalent.

iii. Proof of disability shall be in the form of certification of entitlement to Social Security or SSI disability benefits, or of proof that the applicant has been honorably discharged, or released under honorable circumstances, from active service in any branch of the United States Armed Forces and is rated as having a 60 percent disability or higher as a result of that service by the Veterans' Administration, or, if the applicant does not receive such disability benefits or have such rated disability, of such evidence as the administrative agency or officer shall deem to be equivalent.

2. If the administrative agency or officer does not request supplementary documentation, the application shall be deemed to have been complete upon submission.

(c) Taxable income shall include all income subject to the New Jersey Gross Income Tax, without allowance for any deductions or exemptions. Non-taxable income shall include, without limitation, any excluded pension payments (exclusive of moneys designated as refunded employee contributions), any Social Security, SSI or Railroad Retirement payments, any payments from any public assistance program and any interest on tax exempt securities or accounts. Any lump-sum, non-repeated distribution shall be considered as income only to the extent of the amount of annuity actuarially available to a person of the recipient's age and sex, at the prevailing interest rate, during the year in question, out of the lump-sum payment after there has been subtracted from such lump-sum payment any contributions made by the recipient or by a person who designated the recipient as his or her beneficiary.

N.J. Admin. Code § 5:24-2.3

Amended by R.1988 d.191, effective 5/2/1988.
See: 20 New Jersey Register 349(a), 20 New Jersey Register 978(a).
Added text "Any lump-sum, ..."
Amended by R.1991 d.252, effective 5/20/1991.
See: 23 New Jersey Register 645(a), 23 New Jersey Register 1662(a).
Honorable discharge with 60 percent or more disability included in definition of disabled tenant.