N.J. Admin. Code § 5:80-33.19

Current through Register Vol. 56, No. 12, June 17, 2024

Section 5:80-33.19 - Tiebreaker system

(a) The following tiebreaker system shall be used to break ties between projects with the same score:

1. If competing projects have a tie score, a tax credit reservation shall be awarded based on the following:

i. For projects located outside of a TUM, a tax credit reservation shall be awarded to the project located in the municipality that has either never hosted a project that received a nine-percent LIHTC award or has gone the longest time since most recently hosting a project that received a nine-percent LIHTC award. NJHMFA shall publish annually a list of New Jersey municipalities with the years of their most recent nine-percent LIHTC awards. To facilitate planning, projects awarded nine-percent LIHTCs during the year prior to the application cycle deadline shall not be included for purposes of calculating the most recent year of award. If the project is part of a court-approved municipal fair share housing development plan, prior awarded projects that are part of the same fair share housing development plan shall not be included for purposes of calculating the most recent year of award, provided that the current project was identified in the fair share housing development plan submitted with the previously awarded application(s) and provided further that the fair share housing development plan listing the project and evidence of court approval are submitted in the current application; and

ii. For projects located within a TUM, a tax credit reservation shall be awarded to the project located in the municipality with the lowest MRI ranking (that is, with the greatest level of distress). For example, a municipality ranked number 4 would be awarded over a municipality ranked number 33.

2. If there is still a tie after the first tiebreaker set forth at (a)1 above, a tax credit reservation shall be awarded based on the following:

i. In the Age-Friendly Senior Cycle, a tax credit reservation shall be awarded to the project with the least amount of tax credits per tax-credit unit. Superintendent units shall not be included for purposes of calculating this tiebreaker.

ii. In all other cycles and the Mixed-Income Reserve, a tax credit reservation shall be awarded to the project with the least amount of tax credits per tax-credit bedroom. Superintendent units shall not be included for purposes of calculating this tiebreaker.

3. If there is still a tie after the second tiebreaker, the tax credit reservation shall be awarded to the project with a lower total development cost per bedroom. Superintendent unit(s) shall not be included for purposes of calculating this tiebreaker.

N.J. Admin. Code § 5:80-33.19

Amended by 49 N.J.R. 435(a), effective 3/6/2017

Amended by 51 N.J.R. 833(a), effective 6/3/2019

Amended by 56 N.J.R. 343(b), effective 3/4/2024