[Amended 5-3-2023 by Ord. No. B-558; 4-22-2026 by Ord. No. J-25]
The following terms, when used in this chapter, shall have the meanings given in this section:
The Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
Constructed in compliance with the technical design standards of the Barrier Free Subcode adopted by the Commissioner of Community Affairs pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and in accordance with the provisions of Section 5 of P.L. 2005, c. 350 (N.J.S.A. 52:27D-123.15).
The entity approved by the Division responsible for the administration of affordable units in accordance with this chapter, as defined and with the responsibilities specified at N.J.A.C. 5:99-7 and N.J.A.C. 5:80-26.1 et seq., as may be amended and supplemented.
A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.16.
A municipally adopted plan of strategies from which the Administrative Agent will choose to implement as part of the Affirmative Marketing requirement.
The actual undertaking of Affirmative Marketing activities in furtherance of each project with very-low-, low- and moderate-income units.
The use of funds to render housing units more affordable to low- and moderate-income households and includes, but is not limited to, down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments, common maintenance expenses, and assistance with emergency repairs and rehabilitation to bring deed-restricted units up to code, pursuant to N.J.A.C. 5:99-2.5.
The average percentage of regional median income at which restricted units in an affordable housing are affordable to low- and moderate-income households.
A sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:80-1.1 et seq.; in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.7, as may be amended and supplemented, and in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.13, as may be amended and supplemented.
A housing development, all or a portion of which consists of restricted units.
Housing restricted to income-eligible very-low-, low- and moderate-income households.
A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development. This includes developments with affordable units on-site, off-site, or provided as a payment in-lieu of construction only if such a payment-in-lieu option has been previously approved by the Program or Superior Court as part of the HEFSP. Payments in lieu of construction were invalidated per P.L. 2024, c. 2.
The dispute resolution program established pursuant to N.J.S.A. 52:27D-313.2.
The Department's cloud-based software application, which shall be the central repository for municipalities to use for reporting detailed information regarding affordable housing developments, affordable housing unit completions, and the collection and expenditures of funds deposited into the municipal affordable housing trust fund.
Any mechanism in a municipal fair share plan prepared or implemented to address a municipality's fair share housing obligation.
The non-lapsing, revolving trust fund established in DCA pursuant to N.J.S.A. 52:27D-320 and N.J.A.C. 5:43 to be the repository of all state funds appropriated for affordable housing purposes. All references to the "Neighborhood Preservation Nonlapsing Revolving Fund" and "Balanced Housing" mean the AHTF.
A housing unit proposed or created pursuant to the Act, including units created with municipal affordable housing trust funds.
The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that:
All the residents of the development where the unit is situated are 62 years or older; or
At least 80% of the units are occupied by one person that is 55 years or older; or
The development has been designated by the Secretary of the United States Department of Housing and Urban Development as "housing for older persons," as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
A facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
The holding of funds collected to adapt affordable unit entrances to be accessible in accordance with N.J.S.A. 52:27D-311a et seq. Such funds shall be held in a municipal affordable housing trust fund pursuant to N.J.A.C. 5:99-2.6.
The Planning Board of the City of Hoboken, the Board of Adjustment of the City of Hoboken, or the City Council of the City of Hoboken, as applicable.
A household that has been certified by an Administrative Agent as a very-low-income household, low-income household or moderate-income household.
The Council on Affordable Housing, which is in, but not of, the Department of Community Affairs of the State of New Jersey, that was abolished effective March 20, 2024, pursuant to Section 3 at P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1).
The Commissioner of the Department of Community Affairs.
The certification obtained by a municipality pursuant to Section 3 of P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1), that protects the municipality from exclusionary zoning litigation during the current round of present and prospective need and through July 1 of the year the next round begins, which is also known as a "judgment of compliance" or "judgment of repose." The term "compliance certification" shall include a judgment of repose granted in an action filed pursuant to Section 13 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-313).
New construction and additions, not including alterations, reconstruction, renovations, conversion, relocation, or repairs, as those terms are defined in the State Uniform Construction Code promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
The judge appointed pursuant to Section 5 at P.L. 2024, c. 2, to resolve disputes over the compliance of municipal fair share affordable housing obligations and municipal Fair Share plans and housing elements with the Act.
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that require the repair or replacement of a major system. A "major system" includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load-bearing structural systems.
Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development, including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.
The Affordable Housing Dispute Resolution Program, established pursuant to Section 5 at P.L. 2024, c. 2 (N.J.S.A. 52:27D-313.2).
The Division of Local Planning Services within the Department of Community Affairs.
A circumstance that has arisen whereby affordable housing will be able to be produced through a delivery mechanism not originally contemplated by or included in a fair share plan that has been the subject of a compliance certification.
The product of the price differential and the equity share, with the equity share being the whole number of years that have elapsed since the last non-exempt sale of a restricted ownership unit, divided by 100, except that the equity share may not be less than 5% and may not exceed 30%.
Litigation challenging the fair share plan, housing element, ordinances, or resolutions that implement the fair share plan or housing element of a municipality based on alleged noncompliance with the Act or the Mount Laurel doctrine, which litigation shall include, but shall not be limited to, litigation seeking a builder's remedy.
The first authorized non-exempt sale of a restricted unit following the end of the control period, which sale terminates the affordability controls on the unit.
The extending the deed restriction period on units where the controls will expire in the current round of a housing obligation, so that the total years of a deed restriction is at least 60 years.
The New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
A household's gross annual income calculated in a manner consistent with the determination of annual income pursuant to Section 8 of the United States Housing Act of 1937 (Section 8), not in accordance with the determination of gross income for federal income tax liability.
A geographic area established pursuant to N.J.S.A. 52:27D-304.2b.
A development containing both affordable units and market-rate units. This term includes, but is not necessarily limited to: new construction, the conversion of a nonresidential structure to residential, and the creation of new affordable units through the reconstruction of a vacant residential structure.
Development on vacant or underutilized property between existing buildings.
A household with a total gross annual household income equal to 50% or less of the median household income for the housing region.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building, which include, but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load-bearing structural systems.
Housing not restricted to low- and moderate-income households that may sell or rent at any price.
The median income by household size for the applicable housing region, as calculated annually in accordance with N.J.A.C. 5:80-26.3.
Any development that includes both a non-residential development component and a residential development component, and shall include developments for which: (1) there is a common developer for both the residential development component and the non-residential development component, provided that for purposes of this definition, multiple persons and entities maybe considered a common developer if there is a contractual relationship among them obligating each entity to develop at least a portion of the residential or non-residential development, or both, or otherwise to contribute resources to the development; and (2) the residential and non-residential developments are located on the same lot or adjoining lots, including, but not limited to, lots separated by a street, a river, or another geographical feature.
A household with a total gross annual household income in excess of 50% but less than 80% of the median household income for the housing region.
A restricted unit that is affordable to a moderate-income household.
The online affordable housing listing portal, or its successor, overseen by the Agency pursuant to N.J.S.A. 52:27D-321.3 et seq.
Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a Class A beneficiary; and the transfer of ownership by court order.
A person with a physical disability, infirmity, malformation, or disfigurement which is caused by bodily injury, birth defect, aging, or illness, including epilepsy and other seizure disorders, and which shall include, but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, the inability to speak or a speech impairment, or physical reliance on a service animal, wheelchair, or other remedial appliance or device.
The difference between the controlled sale price of a restricted unit and the contract price at the exit sale of the unit, determined as of the date of a proposed contract of sale for the unit. If there is no proposed contract of sale, the price differential is the difference between the controlled sale price of a restricted unit and the appraised value of the unit as if it were not subject to UHAC, determined as of the date of the appraisal. If the controlled sale price exceeds the contract price or, in the absence of a contract price, the appraised value, the price differential is zero dollars.
The Affordable Housing Dispute Resolution Program, established pursuant to Section 5 of P.L. 2024, c. 2 (N.J.S.A. 52:27D-313.2).
A municipality that meets the criteria established pursuant to N.J.S.A. 52:27D-304.3c(1).
A lottery process by which currently income-eligible households are selected, at random, for placement in affordable housing units such that no preference is given to one applicant over another except in the case of a veterans' preference where such an agreement exists; for purposes of matching household income and size with an appropriately priced and sized affordable unit; or another purpose allowed pursuant to N.J.A.C. 5:80-26.7(k)3. This definition excludes any practices that would allow affordable housing units to be leased or sold on a first-come, first-served basis.
A plan adopted by the City Council of the City of Hoboken for the redevelopment or rehabilitation of all or any part of a redevelopment area, or area in need of rehabilitation, pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq.
The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as calculated annually in accordance with N.J.A.C. 5:80-26.3.
The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities, computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.
A dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of this chapter but does not include a market-rate unit that was financed pursuant to UHORP, MONI, or CHOICE.
The plan prepared pursuant to Sections 1 through 12 of the State Planning Act, P.L. 1985, c. 398 (N.J.S.A. 52:18A-196 et seq.), designed to represent a balance of development and conservation objectives best suited to meet the needs of the state, and for the purpose of coordinating planning activities and establishing statewide planning objectives in the areas of land use, housing, economic development, transportation, natural resource conservation, agriculture and farmland retention, recreation, urban and suburban redevelopment, historic preservation, public facilities and services, and intergovernmental coordination pursuant to Subsection f of Section 5 of P.L. 1985, c. 398 (N.J.S.A. 52:18A-200).
Any rehabilitation of a vacant structure or any rehabilitation that involves the replacement of two or more major systems.
A very-low-, low- or moderate-income household certified as income eligible by an Administrative Agent in accordance with N.J.A.C. 5:80-26.14, in which at least one member is an individual who requires supportive services to maintain housing stability and independent living and who is part of a population identified by federal or state statute, regulation, or program guidance as eligible for supportive or special needs housing. Such populations include, but are not limited to: persons with intellectual or developmental disabilities, persons with serious mental illness, persons with head injuries (as defined in Section 2 of P.L. 1977), persons with physical disabilities or chronic health conditions, persons who are homeless as defined by the U.S. Department of Housing and Urban Development at 24 CFR Part 578, survivors of domestic violence, youth aging out of foster care, and other special needs populations recognized under programs administered by the U.S. Department of Housing and Urban Development, the Low-Income Housing Tax Credit Program, the McKinney-Vento Act, or the New Jersey Department of Human Services. A supportive housing household may include family members, unrelated individuals, or live-in aides, provided that the household meets the income eligibility requirements of this chapter, except that in the case of unrelated individuals not operating as a family unit, income eligibility shall be tested on an individual basis rather than in the aggregate; the unit is leased or sold subject to the affordability controls established herein; and the supportive services available to the household are designed to promote housing stability, independent living, and community integration. The determination of whether unrelated individuals are operating as a family unit shall be made based on the applicant's self-identification of household members on the affordable housing application.
The grant or loan program which provided financial assistance to the development of the unit.
A restricted rental unit, as defined by N.J.S.A. 34:1B-21.24, that is affordable to very-low-, low- or moderate-income households and is reserved for occupancy by a supportive housing household. Supportive housing units are also referred to as permanent supportive housing units.
The expenses that a developer can reasonably expect to incur in order to develop an affordable housing development, which include "hard costs" such as land acquisition, site improvements, and new construction or rehabilitation, and "soft costs" consisting of all other costs and fees, such as professional services and financing fees.
Temporary housing that: (1) includes, but is not limited to, single-room occupancy housing or shared living and supportive living arrangements; (2) provides access to on-site or off-site supportive services for very-low-income households who have recently been homeless or lack stable housing; (3) is licensed by the Department; and (4) allows households to remain for a minimum of six months.
The Treasurer of the State of New Jersey.
The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.
A household with a total gross annual household income equal to 30% or less of the median household income.
Housing affordable according to the Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to 30% or less of the median gross household income for households of the same size within the housing region in which the housing is located.
A restricted unit that is affordable to a very-low-income household.
The agreement between a municipality and a developer or residential development owner that allows for low- to moderate-income veterans to be given preference for up to 50% of rental units in relevant projects, as provided for at N.J.S.A. 52:27D-311j.
Any district or subdistrict so designated by the Zoning Ordinance of the City of Hoboken.[1]
Building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for rehabilitation.