N.J. Admin. Code § 5:43-1.4

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

Section 5:43-1.4 - Eligible activities

(a) Eligible activities shall include those activities listed below:

1. Rehabilitation of substandard housing units occupied or to be occupied by low and moderate income households;

2. Creation of accessory apartments to be occupied by low and moderate income households;

3. Conversion of nonresidential space to residential purposes provided more than 20 percent of the resulting housing units are to be occupied by low and moderate income households;

4. Acquisition of real property; demolition and removal of buildings; or construction of new housing that will be occupied by low and moderate income households, or any combination thereof;

5. Grants of assistance to eligible municipalities for costs of necessary studies, surveys, plans and permits, engineering, architectural and other technical services, cost of land acquisition and any buildings thereon, and cost of site preparation, demolition and infrastructure development for projects undertaken pursuant to an approved Regional Contribution Agreement;

6. Assistance to a local housing authority, nonprofit or limited dividend housing corporation or association, or a qualified entity acting as a receiver under P.L. 2003, c. 295 (2A:42-114 et al.), for rehabilitation or restoration of housing units which it administers which:

i. Are unusable or in a serious state of disrepair;

ii. Can be restored in an economically feasible and sound manner; and

iii. Can be retained in a safe, decent and sanitary manner, upon completion of rehabilitation or restoration; and

7. Other related activities that produce housing for low and moderate income housing including, without limitation:

i. Infrastructure projects directly facilitating the construction of low and moderate income housing not to exceed a reasonable percentage of the construction costs of the low and moderate income housing; and

ii. Alteration of dwelling units occupied or to be occupied by households of low or moderate income and the common areas on the premises in which they are located in order to make them habitable for low and moderate income households with handicapped persons.

(b) A proposed activity shall only be considered eligible if the units produced meet the criteria necessary at N.J.A.C. 5:94 to qualify for credit from the Council on Affordable Housing.

(c) The required affordable portion of any mixed income/use development that is part of a COAH-approved Fair Share Housing plan or a court-approved judgment of repose or judgment of compliance, shall be eligible for Balanced Housing funding provided that the applicant can conclusively demonstrate that the market rate residential and/or commercial units are unable to internally subsidize the affordable units and the affordable units are developed contemporaneous to the commercial and market rate residential units.

1. A project will be considered eligible for funding if 100 percent of the units are affordable and if the project is not identified, by sale or transfer or any other means, with an inclusionary development.

(d) Balanced Housing funds shall not be used for the sole purpose of converting public housing to homeownership.

(e) Balanced Housing funds shall not be used for the payment of court ordered judgments or governmentally imposed fines levied against subject properties.

N.J. Admin. Code § 5:43-1.4

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 "substantial percentage" deleted.
Recodified from 5:14-1.3 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, "Definitions", recodified to 5:14-1.5.
Amended by R.2002 d.325, effective 10/7/2002.
See: 33 N.J.R. 3261(a), 34 N.J.R. 3500(a).
In (c), rewrote the introductory paragraph; added (e).
Amended by R.2005 d.277, effective 9/6/2005.
See: 36 N.J.R. 4575(a), 37 N.J.R. 3288(a).
In (a), added ", or a qualified entity acting as a receiver under P.L. 2003, c.295 (N.J.S.A. 2A:42-114 et al.)" following "association" in 6.
Amended by R.2007 d.202, effective 7/2/2007.
See: 38 N.J.R. 3711(a), 39 N.J.R. 2517(a).
Rewrote (a)7; in (b), updated the N.J.A.C. reference; and in the introductory paragraph of (c), inserted ", that is part of a COAH approved Fair Share Housing plan or a court approved judgment of repose or judgment of compliance,".
Amended by R.2007 d.360, effective 11/19/2007.
See: 39 N.J.R. 2415(a), 39 N.J.R. 4926(a).
Rewrote the introductory paragraph of (c).