Bill Text: NJ A706 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires HMFA to prioritize projects affordable to extended family care givers; amends Fair Housing Act to allow funding to programs supporting extended family care.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Housing and Local Government Committee [A706 Detail]
Download: New_Jersey-2010-A706-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman SAMUEL D. THOMPSON
District 13 (Middlesex and Monmouth)
Co-Sponsored by:
Assemblywoman Pou
SYNOPSIS
Requires HMFA to prioritize projects affordable to extended family care givers; amends Fair Housing Act to allow funding to programs supporting extended family care.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning housing for extended family care givers, supplementing P.L.1983, c.530 (C.55:14K-1 et seq.) and amending P.L.1985, c.222.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The agency, notwithstanding any rule or regulation to the contrary, shall include among its priorities for ranking criteria for funding under the Urban Home Ownership Recovery Program or any similar program established by the agency, plans submitted by applicants to sponsor eligible developments that promote housing for low, moderate or market income households which are comprised of extended family providing care for kin, otherwise known as kinship care givers.
2. Section 20 of P.L.1985, c.222 (C.52:27D-320) is amended to read as follows:
20. The Neighborhood Preservation Program within the Department of Community Affairs' Division of Housing and Development, established pursuant to the Commissioner of the Department of Community Affairs' authority under section 8 of P.L.1975, c.248 (C.52:27D-149), shall establish a separate Neighborhood Preservation Nonlapsing Revolving Fund for monies appropriated by section 33 of this act.
a. The commissioner shall award grants or loans from this fund for housing projects and programs in municipalities whose housing elements have received substantive certification from the council, in municipalities receiving State aid pursuant to P.L.1978, c.14 (C.52:27D-178 et seq.), in municipalities subject to builder's remedy as defined in section 28 of P.L.1985, c.222 (C.52:27D-328) or in receiving municipalities in cases where the council has approved a regional contribution agreement and a project plan developed by the receiving municipality. Programs and projects in any municipality shall be funded only after receipt by the commissioner of a written statement in support of the program or project from the municipal governing body.
b. The commissioner shall establish rules and regulations governing the qualifications of applicants, the application procedures, and the criteria for awarding grants and loans and the standards for establishing the amount, terms and conditions of each grant or loan.
c. During the first 12 months from the effective date of [this act] P.L.1985, c.222 and for any additional period which the council may approve, the commissioner may assist affordable housing programs which are not located in municipalities whose housing elements have been granted substantive certification or which are not in furtherance of a regional contribution agreement; provided that the affordable housing program will meet all or part of a municipal low and moderate income housing obligation. The council shall approve an additional period of assistance of 18 months following the effective date of P.L. , c. (C. )(now before the Legislature as this bill).
d. Amounts deposited in the Neighborhood Preservation Fund shall be targeted to regions based on the region's percentage of the State's low and moderate income housing need as determined by the council. Amounts in the fund shall be applied for the following purposes in designated neighborhoods:
(1) Rehabilitation of substandard housing units occupied or to be occupied by low and moderate income households;
(2) Creation of accessory apartments to be occupied by low and moderate income households;
(3) Conversion of nonresidential space to residential purposes; provided a substantial percentage of the resulting housing units are to be occupied by low and moderate income households;
(4) Acquisition of real property, demolition and removal of buildings, or construction of new housing that will be occupied by low and moderate income households, or any combination thereof;
(5) Grants of assistance to eligible municipalities for costs of necessary studies, surveys, plans and permits; engineering, architectural and other technical services; costs of land acquisition and any buildings thereon; and costs of site preparation, demolition and infrastructure development for projects undertaken pursuant to an approved regional contribution agreement;
(6) Assistance to a local housing authority, nonprofit or limited dividend housing corporation or association for rehabilitation or restoration of housing units which it administers which: (a) are unusable or in a serious state of disrepair; (b) can be restored in an economically feasible and sound manner; and (c) can be retained in a safe, decent and sanitary manner, upon completion of rehabilitation or restoration; [and]
(7) Other housing programs for low and moderate income housing, including, without limitation, (a) infrastructure projects directly facilitating the construction of low and moderate income housing not to exceed a reasonable percentage of the construction costs of the low and moderate income housing to be provided and (b) alteration of dwelling units occupied or to be occupied by households of low or moderate income and the common areas of the premises in which they are located in order to make them accessible to handicapped persons;
(8) Assistance to the Home Ownership for Permanency Project demonstration program, or any similar program, established by the agency for the purpose of providing assistance to low and moderate income families who are pursuing adoptions to maximize affordable housing opportunities, in order to expand the program to include low and moderate income families that care for foster children.
e. Any grant or loan agreement entered into pursuant to this section shall incorporate contractual guarantees and procedures by which the division will ensure that any unit of housing provided for low and moderate income households shall continue to be occupied by low and moderate income households for at least 20 years following the award of the loan or grant, except that the division may approve a guarantee for a period of less than 20 years where necessary to ensure project feasibility.
(cf: P.L.1995, c.83, s.3)
3. This act shall take effect on the first day of the fourth month following enactment, but shall not be applicable to any project for which funding has been approved prior to that date.
STATEMENT
This bill requires that the New Jersey Housing and Mortgage Finance Agency (HMFA) grant priority under its Urban Home Ownership Recovery Program (UHORP) or any other similar program to those eligible projects which promote housing for low and moderate income households which are comprised of extended family providing care for kin, otherwise known as kinship care givers. The requirement that projects that promote kinship care be given priority under the UHORP is based in part on a recommendation of the Assembly Task Force on Grandparenting. Today, many more middle aged adults are caring for their parents; grandparents and relatives are raising other family members' children as well. Construction or rehabilitation of affordable housing that is large enough to accommodate extended families is needed, particularly in urban areas where a greater portion of multi-generational families reside. This bill will help ensure that the UHORP contains a component of housing which will address this vital housing need.
The bill also amends the "Fair Housing Act" to provide that funding may be provided from the Neighborhood Preservation Nonlapsing Revolving Fund in order to expand the Home Ownership for Permanency Project demonstration program to include not only low and moderate income families who are adopting children, but also families who care for foster children.
