N.J. Admin. Code § 5:80-20.9

Current through Register Vol. 56, No. 24, December 18, 2024

Section 5:80-20.9 - Eviction

(a) Families who fail to recertify income following notification pursuant to N.J.A.C. 5:80-20.5 may, with Agency approval, be evicted by the housing sponsor if such failure continues for at least six months after expiration of the lease.

(b) Upon recertification, families whose gross aggregate family income exceeds the maximum income limit pursuant to N.J.A.C. 5:80-8.2 by more than 25 percent and continues to do so for at least six months after expiration of the lease may, with Agency approval, be evicted by the housing sponsor.

(c) Prior to eviction under this section, housing sponsors must provide families with written notice at the end of the six-month period indicating that eviction procedures will begin unless they recertify within 10 days of the notice and show that family income has decreased below the maximum income limit. Families who fail to recertify within the 10 days or who upon recertification are in excess of the maximum income limit may be evicted by following the provisions of N.J.S.A. 2A:18-61.1 et seq.

(d) In the case of tenants of income-restricted ALR units, neither failure to recertify nor income exceeding the maximum income limit shall be cause for eviction. However, the next available nonincome-restricted ALR unit shall be rented to an income-eligible tenant and shall be deemed an income-restricted ALR unit thereafter.

N.J. Admin. Code § 5:80-20.9

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