N.J. Admin. Code § 5:43-1.3

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

Section 5:43-1.3 - Eligible applicants

(a) The Neighborhood Preservation Balanced Housing Program will accept program and project applications submitted by municipal governments, non-profit organizations and for-profit organizations, provided that the proposed program or project is located in a municipality that meets at least one of the following criteria:

1. The municipality has petitioned the Council on Affordable Housing for substantive certification of its housing element;

2. The municipality has received substantive certification of its housing element from the Council on Affordable Housing;

3. The municipality is subject to a judicially-approved compliance agreement to settle its fair share housing obligation;

4. The municipality is subject to a court-ordered builder's remedy;

5. The municipality has been designated as a receiving municipality under a regional contribution agreement and project plan has been approved by the Council on Affordable Housing;

6. The municipality is eligible for State aid pursuant to P.L. 1978, c.14 (52:27D-178 et seq.); or

7. Any other municipalities provided that:

i. The Council on Affordable Housing has invoked its authority pursuant to 52:27D-320(c); and

ii. The municipality meets all conditions established by the Council in accordance with (a)7i above.

(b) Programs and projects in any municipality shall be funded only after receipt by the Commissioner of a written statement in support of the program or project from the municipal governing body.

(c) Applicants that are eligible in accordance with (a)1 above only shall not be eligible to receive program funding until the municipality's Fair Share Plan has received substantive certification from the Council on Affordable Housing.

(d) Applicants that are eligible in accordance with (a)4 above, shall not be eligible to receive a funding commitment or program funding until the municipality's Fair Share Plan has been judicially approved by the issuance of a judgment of repose.

N.J. Admin. Code § 5:43-1.3

Amended by R.1989 d.143, effective 3/20/1989.
See: 21 N.J.R. 3(a), 21 N.J.R. 750(a).
(b) and (c) added; established application and funding criteria for on or after July 1, 1989.
Amended by R.1992 d.144, effective 4/6/1992.
See: 23 N.J.R. 1075(a), 24 N.J.R. 1385(a).
References to July 1, 1989 deleted.
Recodified from 5:14-1.2 and amended by R.1996 d.226, effective 5/20/1996.
See: 28 N.J.R. 6(a), 28 N.J.R. 2573(a).
Former section, "Eligible activities", recodified to 5:14-1.3.
Amended by R.1998 d.438, effective 9/8/1998.
See: 30 N.J.R. 1880(a), 30 N.J.R. 3239(b).
Added (c) and (d).
Amended by R.2002 d.325, effective 10/7/2002.
See: 33 N.J.R. 3261(a), 34 N.J.R. 3500(a).
In (d), inserted "a funding commitment" preceding "or program".
Amended by R.2007 d.202, effective 7/2/2007.
See: 38 N.J.R. 3711(a), 39 N.J.R. 2517(a).
Rewrote the section.