N.J. Admin. Code § 5:80-20.3

Current through Register Vol. 56, No. 23, December 2, 2024

Section 5:80-20.3 - Documentation and review of tenant income qualifications

(a) Each applicant for admission to, or tenant occupying, an income-restricted unit within a housing project shall provide to the housing sponsor all required information and documentation that will verify, to the satisfaction of the Agency, gross aggregate family income. This information and documentation shall include, but not be limited to, the following:

1. A copy of the first page of their most recent Federal income tax return, or a signed certification stating that no tax return was filed;

2. Permission for the Agency and housing sponsor to contact the Internal Revenue Service for information necessary to verify gross aggregate family income, such as copies of the first page of the family's income tax returns;

3. Verification of employment;

4. Check stubs from employers, pensions, annuities, social security, unemployment, public assistance and workers' compensation;

5. A copy of any court order for alimony and/or child support;

6. Confirmation of income from assets (for example, bank statements); and

7. Certification of income and assets.

(b) For market-rate units only, a written statement by the applicant(s) or tenant(s) certifying that aggregate family income does not exceed the maximum income limits prescribed by 5:80-8.2 may be accepted as sufficient verification of income.

(c) In addition to the documentation required pursuant to this section, any family applying for admission to or occupying a unit within a housing project assisted by subsidies provided by HUD, including, but not limited to, Section 8 and 236, Federal low-income housing tax credits, and/or financed pursuant to former Section 103(b)(4) or current Section 142 of the Internal Revenue Code (or any other applicable provision of the Internal Revenue Code as it relates to tax-exempt housing bonds) may be required to submit additional documentation as required by Federal regulations regarding certification and recertification of income.

(d) The housing sponsor shall be responsible for reviewing the required documentation and determining whether the applicant qualifies for residence prior to occupancy of the unit. If the sponsor determines the applicant is qualified, the sponsor may then approve the move-in of the qualified applicant.

(e) By the fifth day of each month, the housing sponsor shall file with the Agency, a copy of each newly-admitted tenant's certification of income and assets obtained by the housing sponsor during the previous month. The housing sponsor shall include with each tenant certification, a certification that the housing sponsor has reviewed the required documentation and has verified that the tenant has qualified for residence in the unit. The housing sponsor shall be responsible for maintaining copies of all documentation required by this section for the period of time required under all applicable provisions of State and Federal laws, rules, and regulations and for such periods of time as may otherwise be required by the Agency pursuant to the terms of its financing of the housing project.

(f) Notwithstanding the provisions of (d) above, the Agency reserves the right to require pre-tenant move-in approval in instances where the Agency has issued to housing sponsors, a notice of noncompliance with this section. In addition, the housing sponsor shall pay to the Agency, an administrative fee of $ 200.00 for each certification for which a notice of noncompliance has been issued. Such fee shall be in addition to, and not in lieu of, any default remedies available to the Agency pursuant to its loan and regulatory documents governing the project.

N.J. Admin. Code § 5:80-20.3

Amended by 51 N.J.R. 1421(a), effective 9/3/2019