N.J. Admin. Code § 5:42-1.2

Current through Register Vol. 56, No. 8, April 15, 2024
Section 5:42-1.2 - Definitions

The following terms, when used in this chapter, shall have the following meanings except when the context clearly indicates otherwise.

"Annual income" means the gross amount of income anticipated to be received by the family during the 12 months following the effective date of the examination or re-examination.

"Applicant (applicant family)" means a family that has applied for admission to a program but is not yet a participant in the program.

"Calculation of family share rent" means the family share of rent is 30 percent based upon the household's adjusted annual income, or 25 percent of household's adjusted annual income for elderly and disabled head of household. Rents above the payment standard may increase the family share above 30 percent and 25 percent, respectively.

"Calculation of S-RAP Subsidy" means the difference between the tenant rent and the applicable DCA payment standard or the gross rent, whichever is lower. DCA's payment standard ranges from the current HUD approved fair market rent to 110 percent of the fair market rent based upon bedroom size and housing market. The family is responsible for all rent payments in excess of the payment standard.

"Department" or "DCA" means the Department of Community Affairs.

"Disability" means a person who has one or more of the following disabilities:

1. A disability, as defined in Section 223 of the Social Security Act, 42 U.S.C. § 423;

2. A physical, mental, or emotional impairment, which is expected to be of long-continued and indefinite duration, substantially impedes his or her ability to live independently; and is of such a nature that such ability could be improved by more suitable housing conditions; and/or

3. A developmental disability as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act, P.L. 106-402. Proof of disability is receipt of Social Security Insurance, Social Security Disability or certification from a licensed physician.

"Domicile" means the legal residence of the household head or spouse as determined in accordance with State and local law.

"Elderly" or "senior citizen" means a person age 62 or older.

"Eligible Deductions" means:

1. The deduction for elderly (age 62 or above) or disabled head of household as set forth in 24 CFR 5.611(a)2, incorporated herein by reference;

2. The deduction for each household member who is under 18 as set forth in 24 CFR 5.611(a)1, incorporated herein by reference, as amended and supplemented; and

3. The deduction for the estimated cost of tenant paid utilities exclusive of cable and telephone. (The amount of deduction is based upon established DCA utility schedule chart.)

"Fair market rent (FMR)" means the cost of gross rent for an area (shelter plus utilities) of privately owned, decent and safe rental housing of a modest nature (non-luxury) with suitable amenities.

"Family" means a person or group of persons, as determined by the DCA, approved to reside in a unit with assistance under the program.

"Family rent to owner" means the portion of rent to owner paid by the family.

"Family unit size" means the appropriate number of bedrooms for a family, as determined by DCA.

"Household" means two or more persons sharing a domicile, as defined in 24 CFR 982.4, incorporated herein by reference, as amended and supplemented, whose income and resources are available to meet the household's needs and who are related by blood, marriage or operation of law.

"Housing assistance payment (HAP)" means the monthly assistance payment by DCA, which is payment to the owner for rent to the owner under the family's lease.

"Housing quality standards (HQS)" means the HUD minimum quality standards for housing assisted under the tenant-based programs. See 24 CFR 982.401.

"Initial rent to owner" means the rent to owner at the beginning of the HAP contract term.

"Lease" means a written agreement between an owner and a tenant for the leasing of a dwelling unit to the tenant.

"Live-in aide" means a person meeting the requirements specified in 24 CFR 5.403 and 24 CFR 982.316 that resides with a disabled, elderly, or near elderly participant who is essential to the care and well-being of the participant, is not obligated to financially support the participant, and would not be residing with the participant, but for the participant's need for supportive services.

"Loss of family income" means catastrophic expenses or 50 percent loss of family income. This will be reviewed on a case-by-case basis.

"New Jersey resident" means someone whose primary residence is in New Jersey and who is present in New Jersey for at least six months prior to applying for S-RAP assistance.

"Owner" means any person or entity with the legal right to lease or sublease a unit to a participant.

"Participant (participant family)" means a family that has been admitted to the DCA program and is currently assisted in the program. The family becomes a participant on the effective date of the first S-RAP contract executed by the DCA for the family (first day of initial lease term).

"Payment standard" means the calculation of the housing assistance payment that DCA pays to the owner on behalf of the family leasing the unit.

"Premises" means the building or complex in which the dwelling unit is located, including common areas and grounds.

"Private space" means the portion of a contract unit in shared housing that is for the exclusive use if an assisted family.

"Rent to owner" means the total monthly rent payable to the owner under the lease for the unit. Rent to owner covers payment for any housing services, maintenance and utilities that the owner is required to provide and pay for.

"Single room occupancy housing (SRO)" means a unit that provides living and sleeping space for the exclusive use of the occupant, but requires the occupant to share sanitary and/or food preparation facilities.

"S-RAP" means the State Rental Assistance Program.

"Suspension" means stopping the clock on the term of a family's voucher for such period as determined by DCA, from the time when the family submits a request for DCA approval of the tenancy, until the time when the DCA approves or denies the request.

"Tenant" means the person or persons (other than a live-in aide) who executes the lease as lessee of the dwelling unit.

"Veteran" means an individual discharged following active duty service in the U.S. Air Force, Army, Coast Guard, Marine Corps, or Navy.

"Voucher holder" means a family holding a voucher with an unexpired term (search time).

"Voucher" means a document issued by the DCA to a family selected for admission to the voucher program. This document describes the program and the procedures for DCA approval of a unit selected by the family. The voucher also states obligations of the family under the program.

"Waiting list admission" means an admission from the DCA waiting list.

N.J. Admin. Code § 5:42-1.2

Amended by 50 N.J.R. 1209(a), effective 5/7/2018