New Jersey § 55:14k-105

§ 55:14k-105.

a. There is established in the agency a zero-interest, forgivable loan program to

provide down payment assistance for first-time homebuyers to achieve homeownership. The loan program shall provide down payment assistance to defray the costs associated

with acquiring single-family housing for principal residence, as provided for in subsection

b. of this section. A first-time homebuyer shall commit to use the home as their principal residence

for five years following the purchase of the home. The agency shall forgive the loan, provided that the five-year commitment is satisfied

and the first-time homebuyer meets the other requirements established pursuant to

subsection c. of this section. b. (1) The down payment assistance provided pursuant to this section shall be in the

form of a zero-interest, forgivable loan award. The loan award shall be in the amount of $15,000. (2) In addition to a loan award that may be provided pursuant to paragraph (1) of

this subsection, a first-generation homebuyer shall be eligible for a zero-interest,

forgivable loan award of an additional award amount of not less than $7,000 and not

more than $10,000 to be used for down payment assistance. (3) Each first-time homebuyer who receives down payment assistance through the loan

program shall, prior to the award of down payment assistance, complete not less than

eight hours of a homebuyer counseling course, as directed by the agency pursuant to

subsection c. of this section. The homebuyer counseling course shall include, but not be limited to, coursework

concerning: (a) the maintenance of housing costs, including methods for budgeting mortgage payments,

utility charges, property taxes, and any other applicable housing cost; (b) the basics of home finance, property taxes, home warranties, and home inspection; (c) the legal components of finalizing a home purchase; and (d) the process of finding an appropriate house, including how to search real estate

listings through a real estate agent or other sources. c. The executive director shall promulgate rules and regulations pursuant to the “Administrative

Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ) to effectuate, administer, and accomplish the purposes of the loan program. Notwithstanding the limitations established in section 1 of P.L.2011, c. 215 ( C.52:14B-3a ) on the use of regulatory guidance documents, the executive director shall prepare

and disseminate guidelines or regulatory guidance documents, on or before the first

day of the third month next following the enactment of P.L.2023, c. 78 ( C.55:14K-104 et al.), in advance of the adoption of rules and regulations to effectuate, administer,

and accomplish the purposes of the loan program. The guidelines, guidance documents, and rules and regulations shall, at a minimum,

set forth the requirements for application submissions, the criteria for application

selections, the eligible uses of down payment assistance, eligibility as a first-time

or first-generation homebuyer, and the curriculum and provision of the homebuyer counseling

course. d. The agency shall permit an individual to establish eligibility for the loan program

as a first-generation homebuyer via self-attestation, under penalty of perjury. However, nothing in this subsection shall preclude the agency from establishing

measures to identify and deter fraudulent attestations. If it is established that an individual has received assistance as a result of a fraudulent

attestation, the individual shall reimburse the agency for the assistance. e. A down payment assistance loan shall be recoverable as a lien on the real property

that the loan is used to purchase, and shall have the priority of a mortgage lien. f. The annual appropriations act for State fiscal year 2024 shall include an appropriation

from the General Fund to the loan program, and the annual appropriations acts following

State fiscal year 2024 shall appropriate not less than $25 million from the General

Fund to the agency, during each State fiscal year in which the loan program remains

in operation, to effectuate the purposes of the loan program, and defray the costs

associated with administering the loan program, except that the agency shall retain

not more than five percent of the annual appropriation for administrative costs. Of the total amount of down payment assistance funding awarded each State fiscal

year through the loan program, no less than 50 percent shall be awarded to first-generation

homebuyers, unless the agency determines that 50 percent of the down payment assistance

funding cannot be awarded to first-generation homebuyers, because too few first-generation

homebuyers have applied for the loan program, in which case, more than 50 percent

of the funding shall be awarded to first-time homebuyers who are not first-generation

homebuyers. g. No later than the 730th day next following the effective date of P.L.2023, c. 78 ( C.55:14K-104 et al.), 1 the agency shall prepare and submit a report to the Governor and, pursuant to section

2 of P.L.1991, c. 164 ( C.52:14-19.1 ), to the Legislature. The report shall analyze the efficacy of the loan program. The report shall provide an overview of the total amount of down payment assistance

provided by the agency, with information by census tract on the race and ethnicity

of the recipients of assistance. The report also shall analyze: (1) the impact of the down payment assistance on the total housing costs of the recipients

of such assistance; (2) the impact of the additional loan award for first-generation homebuyers provided

pursuant to paragraph (2) of subsection b. of this section, and the other components

of the loan program, on first-generation homeownership; and (3) any other information determined by the agency to be relevant to the costs and

benefits of the loan program. 1

L.2023, c. 78, eff. June 30, 2023.