New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 41 - HOMELESSNESS PREVENTION PROGRAM
Subchapter 2 - PROGRAM ELIGIBILITY
Section 5:41-2.1 - Eligibility
Current through Register Vol. 56, No. 18, September 16, 2024
(a) To be eligible for assistance under the Homelessness Prevention Program, an applicant must be a New Jersey resident and be either homeless or in imminent danger of losing their home as a result of eviction for non-payment of rent, or mortgage foreclosure, or some other cause which the Department of Community Affairs determines to be comparable.
(b) No applicant shall be eligible for assistance if their annualized current income (that is, 52 times current weekly income) exceeds the upper limit of "moderate income" as defined in guidelines published annually by the United States Department of Housing and Urban Development.
(c) No applicant shall be eligible for assistance unless all other available financial resources have first been exhausted. Concealment or transfer of assets to become eligible for assistance shall result in immediate and permanent disqualification.
(d) No applicant having a delinquent loan with the Program or which has caused the Program to forfeit a security deposit shall be eligible for additional assistance unless the Department of Community Affairs finds that the delinquency or forfeiture was due to a cause that was either beyond the control of the applicant receiving assistance, or constituted a violation of the rights of that applicant by another person, and that the cause of the delinquency or forfeiture is not likely to recur.
(e) No applicant found in any administrative or legal proceeding, in which notice and an opportunity to be heard have been given, to have committed fraud or abuse in another governmental assistance program, including, without limitation, other programs providing rental subsidies, or to have made a false or misleading statement or a material omission in any submission to the Program, shall be eligible for assistance.
(f) No applicant already receiving an equivalent housing subsidy under any other program shall be eligible for assistance.
(g) No applicant determined by the Program to be unlikely to pay shelter costs after the period of assistance has ended shall be eligible for assistance.
(h) To be eligible for assistance, an applicant must have experienced an uncompensated loss of income or increase in expenses, for a limited period of time, that are necessarily incurred for the preservation of human life. Applicants must submit documentation verifying that one or more of the following caused the inability to pay housing costs:
(i) Assistance to any applicant facing foreclosure as a result of mortgage or property tax arrearages shall be in the form of a loan, which shall be secured by a recorded mortgage.
(j) Unless an applicant is permanently disabled, no applicant shall be eligible for assistance if the applicant is renting from a family member including: a spouse, parent (including a stepparent), child (including a stepchild), grandparent (including a step-grandparent), grandchild (including a step-grandchild), sister (including a stepsister), brother (including a stepbrother), aunt, uncle, cousin, niece, nephew, mother-in-law, father-in-law, sister- in- law, and brother-in-law.
(k) No applicant shall be eligible for assistance if the applicant has resolved the landlord-tenant action by entering into an agreement with the landlord that allows the applicant to remain in their residence. Similarly, no applicant shall be eligible for assistance if the applicant has agreed with their lender to a workout, modification, or refinancing of their mortgage loan that allows them to remain in their residence.
(l) No applicant shall be eligible for assistance if the applicant resides in any type of subsidized housing.