New Jersey § 55:14k-3
Full text of New Jersey New Jersey Statutes § 55:14k-3, with citation guidance and answers to common questions.
§ 55:14k-3.
As used in this act: a. “ Agency ” means the New Jersey Housing and Mortgage Finance Agency as consolidated by section
4 of P.L.1983, c. 530 ( C.55:14K-4 ), or, if that agency shall be abolished by law, the person, board, body or commission
succeeding to the powers and duties thereof or to whom its powers and duties shall
be given by law. b. “ Boarding house ” means any building, together with any related structure, accessory building, any
land appurtenant thereto, and any part thereof, which contains two or more units of
dwelling space arranged or intended for single room occupancy, exclusive of any such
unit occupied by an owner or operator, including: (1) any residential hotel or congregate living arrangement, but excluding any hotel,
motel or established guesthouse wherein a minimum of 85% of the units of dwelling
space are offered for limited tenure only; (2) a residential health care facility
as defined in section 1 of P.L.1953, c. 212 ( C.30:11A-1 ) or licensed pursuant to P.L.1971, c. 136 ( C.26:2H-1 et seq. ); (3) any resource family home as defined in section 1 of P.L.1962, c. 137 ( C.30:4C-26.1 ); (4) any community residence for the developmentally disabled as defined in section
2 of P.L.1977, c. 448 ( C.30:11B-2 ); (5) any dormitory owned or operated on behalf of any nonprofit institution of
primary, secondary or higher education for the use of its students; (6) any building
arranged for single room occupancy wherein the units of dwelling space are occupied
exclusively by students enrolled in a full-time course of study at an institution
of higher education approved by the Department of Higher Education; and (7) any facility
or living arrangement operated by, or under contract with, any State department or
agency. c. “ Bonds ” mean any bonds, notes, bond anticipation notes, debentures or other evidences of
financial indebtedness issued by the agency pursuant to this act. d. “ Continuing-care retirement community ” means any work or undertaking, whether new construction, improvement or rehabilitation,
which may be financed in part or in whole by the agency and which is designed to complement
fully independent residential units with social and health care services (usually
including nursing and medical services) for retirement families and which is intended
to provide continuing care for the term of a contract in return for an entrance fee
or periodic payments, or both, and which may include such appurtenances and facilities
as the agency deems to be necessary, convenient or desirable. e. “ Eligible loan ” means a loan, secured or unsecured, made for the purpose of financing the operation,
maintenance, construction, acquisition, rehabilitation or improvement of property,
or the acquisition of a direct or indirect interest in property, located in the State,
which is or shall be: (1) primarily residential in character or (2) used or to be
used to provide services to the residents of an area or project which is primarily
residential in character. The agency shall adopt regulations defining the term “ primarily residential in character ,” which may include single-family, multi-family and congregate or other single room
occupancy housing, continuing-care retirement communities, mobile homes and nonhousing
properties and facilities which enhance the livability of the residential property
or area; and specifying the types of residential services and facilities for which
eligible loans may be made, which may include, but shall not be limited to, parking
facilities, streets, sewers, utilities, and administrative, community, educational,
welfare and recreational facilities, food, laundry, health and other services and
commercial establishments and professional offices providing supplies and services
enhancing the area. The term “ loan ” includes an obligation the return on which may vary with any appreciation in value
of the property or interest in property financed with the proceeds of the loan, or
a co-ventured instrument by which an institutional lender or the agency assumes an
equity position in the property. Any undivided interest in an eligible loan shall qualify as an eligible loan. f. “ Family ” means two or more persons who live or expect to live together as a single household
in the same dwelling unit; but any individual who (1) has attained retirement age
as defined in section 216a of the federal Social Security Act, 1 or (2) is under a disability as defined in section 223 of that act, 2 or (3) such other individuals as the agency by rule or regulation shall include,
shall be considered as a family for the purpose of this act; and the surviving member
of a family whose other members died during occupancy of a housing project shall be
considered as a family for the purposes of permitting continued occupancy of the dwelling
unit occupied by such family. g. “ Gross aggregate family income ” means the total annual income of all members of a family, from whatever source derived,
including but not limited to, pension, annuity, retirement and social security benefits;
except that there may be excluded from income (1) such reasonable allowances for dependents,
(2) such reasonable allowances for medical expenses, (3) all or any proportionate
part of the earnings of gainfully employed minors, or (4) such income as is not received
regularly, as the agency by rule or regulation may determine. h. “ Housing project ” or “ project ” means any work or undertaking, other than a continuing-care community, whether new
construction, improvement, rehabilitation, or acquisition of existing buildings or
units which is designed for the primary purpose of providing multi-family rental housing
or acquisition of sites for future multi-family rental housing. i. “ Housing sponsor ” means any person, partnership, corporation or association, whether organized as
for profit or not for profit, to which the agency has made or proposes to make a loan,
either directly or through an institutional lender, for a housing project. j. “ Institutional lender ” means any bank or trust company, savings bank, national banking association, savings
and loan association, or building and loan association maintaining an office in the
State, or any insurance company or any mortgage banking firm or mortgage banking corporation
authorized to transact business in the State. k. “ Life safety improvement ” means any addition, modification or repair to a boarding house which is necessary
to improve the life safety of the residents of the boarding house, as certified by
the Department of Community Affairs, including, but not limited to, the correction
of a violation of the“ 3 State Uniform Construction Code Act,” P.L.1975, c. 217 ( C.52:27D-119 et seq. ), the “Rooming and Boarding House Act of 1979,” P.L.1979, c. 496 ( C.55:13B-1 et seq. ), or the “Uniform Fire Safety Act,” P.L.1983, c. 383 ( C.52:27D-192 et seq. ) and the administrative regulations promulgated in accordance with these acts. l. “ Life safety improvement loan ” means an eligible loan the proceeds of which are to be used to finance, in whole
or in part, the construction, acquisition or rendering of life safety improvements
at or to boarding houses. m. “ Loan originator ” means any bank or trust company, savings bank, national banking association, savings
and loan association, or building and loan association maintaining an office in the
State, or any insurance company or any mortgage banking firm or mortgage banking corporation
authorized to transact business in the State, or any agency or instrumentality of
the United States or the State or a political subdivision of the State, which is authorized
to make eligible loans. n. “ Municipality ” means any city of any class or any town, township, village or borough. o. “ Mutual housing ” means a housing project operated or to be operated upon completion of construction,
improvement or rehabilitation exclusively for the benefit of the families who are
entitled to occupancy by reason of ownership of stock in the housing sponsor, or by
reason of co-ownership of premises in a horizontal property regime pursuant to P.L.1963,
c. 168; 4 but the agency may adopt rules and regulations permitting a reasonable percentage
of space in such project to be rented for residential or for commercial use. p. “ Persons and families of low and moderate income ” mean persons and families, irrespective of race, creed, national origin or sex,
determined by the agency to require assistance on account of personal or family income
being not sufficient to afford adequate housing. In making such determination the agency shall take into account the following: (1) the amount of the total income of such persons and families available for housing
needs, (2) the size of the family, (3) the cost and condition of housing facilities
available and (4) the eligibility of such persons and families to compete successfully
in the normal housing market and to pay the amounts at which private enterprise is
providing sanitary, decent and safe housing. In the case of projects with respect to which income limits have been established
by any agency of the federal government having jurisdiction thereover for the purpose
of defining eligibility of low and moderate income families, the agency may determine
that the limits so established shall govern. In all other cases income limits for the purpose of defining low or moderate income
persons shall be established by the agency in its rules and regulations. q. “ Project cost ” means the sum total of all costs incurred in the acquisition, development, construction,
improvement or rehabilitation of a housing project, which are approved by the agency
as reasonable or necessary, which costs shall include, but are not necessarily limited
to, (1) cost of land acquisition and any buildings thereon, (2) cost of site preparation,
demolition and development, (3) architect, engineer, legal, agency and other fees
paid or payable in connection with the planning, execution and financing of the project,
(4) cost of necessary studies, surveys, plans and permits, (5) insurance, interest,
financing, tax and assessment costs and other operating and carrying costs during
construction, (6) cost of construction, reconstruction, fixtures, and equipment related
to the real property, (7) cost of land improvements, (8) necessary expenses in connection
with initial occupancy of the project, (9) a reasonable profit or fee to the builder
and developer, (10) an allowance established by the agency for working capital and
contingency reserves, and reserves for any operating deficits, (11) costs of guarantees,
insurance or other additional financial security for the project and (12) the cost
of such other items, including tenant relocation, as the agency shall determine to
be reasonable and necessary for the development of the project, less any and all net
rents and other net revenues received from the operation of the real and personal
property on the project site during construction, improvement or rehabilitation. All costs shall be subject to approval and audit by the agency. The agency may adopt rules and regulations specifying in detail the types and categories
of cost which shall be allowable if actually incurred in the development, acquisition,
construction, improvement or rehabilitation of a housing project. r. “ Retirement family ” means one or more persons related by blood, marriage or adoption who live or expect
to live together as a single household in the same dwelling unit, provided that at
least one of the persons is an individual who (1) has attained retirement age as defined
in section 216a of the Federal Social Security Act, or (2) is under a disability as
defined in section 223 of that act, or (3) such individuals as the agency by rule
or regulation shall include; and provided further, that the surviving member of a
retirement family whose other members died during occupancy of a continuing-care retirement
community shall be considered as a retirement family for purposes of permitting continued
occupancy of the dwelling unit occupied by such retirement family. 1
42 U.S.C.A. § 416. 2
42 U.S.C.A. § 423. 3
Spacing so in original. 4
N.J.S.A. § 46:8A-1 et seq.
Frequently Asked Questions About New Jersey § 55:14k-3
What does New Jersey Statutes § 55:14k-3 cover?
Section 55:14k-3 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 55:14k-3?
A common citation format is "New Jersey Statutes § 55:14k-3" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 55:14k-3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.