N.J. Admin. Code § 5:80-26.2
The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Administrative agent" means the entity responsible for administering the affordability controls of this subchapter with respect to specific restricted units, as designated pursuant to 5:80-26.14.
"Affordability average" means an average of the percentage of median income at which restricted units in an affordable development are affordable to low-and moderate-income households. For example, if the rents for the five restricted rental units in an affordable housing development were affordable at 46, 48, 50, 52 and 54 percent of median income, respectively, the average affordability for those units would be 50 percent of median income.
"Affordable" means, in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in 5:80-26.6 and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in 5:80-26.12.
"Affordable development" means a housing development all or a portion of which consists of restricted units.
"Agency" means the New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c.530 (55:14K-1 et seq.) and in, but not of, the DCA.
"Age-restricted unit" means a housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population where the head of the household is a minimum age of either 62 years, or 55 years and meets the provisions of 42 U.S.C. §§ 3601 et seq., except that due to death, a remaining spouse of less than 55 years of age shall be permitted to continue to reside in the unit.
"Assisted living residence" means a facility licensed by the New Jersey Department of Health 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. Apartment units offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance.
"Balanced Housing" means the Neighborhood Preservation Balanced Housing Program of the DCA as set forth at 52:27D-320 and N.J.A.C. 5:43.
"Certified household" means a household that has been certified by an administrative agent as a low-income household or moderate-income household.
"COAH" means the Council on Affordable Housing in, but not of, the DCA, established under the New Jersey Fair Housing Act (52:27D-301 et seq.).
"DCA" means the State of New Jersey Department of Community Affairs.
"Division" means the Division of Housing in the DCA.
"HAS" means the Housing Affordability Service, formerly known as the "Affordable Housing Management Service," in the Agency.
"High-poverty census tract" means a census tract with a census-determined average poverty rate equal to or greater than 25 percent, as determined by the United States Census Bureau.
"HUD" means the United States Department of Housing and Urban Development.
"Low-income household" means a household with a total gross annual household income equal to 50 percent or less of the median income.
"Low-income unit" means a restricted unit that is affordable to a low-income household.
"Median income" means the median income by household size for an applicable county, as adopted annually by COAH.
"Moderate-income household" means a household with a total gross annual household income in excess of 50 percent but less than 80 percent of the median income.
"Moderate-income unit" means a restricted unit that is affordable to a moderate-income household.
"MONI" means the Agency's Market Oriented Neighborhood Investment Program, as it may be authorized from time to time by the Agency.
"95/5 unit" means a restricted ownership unit that is part of a housing element that received substantive certification from COAH pursuant to N.J.A.C. 5:93 before October 1, 2001.
"Non-exempt sale" means 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.
"Random selection process" means a process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (for example, by lottery).
"Rent" means 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. With respect to units in an assisted living residence, rent does not include charges for food and services.
"Restricted unit" means a dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of this subchapter, but does not include a market-rate unit financed under UHORP or MONI.
"UHORP" means the Agency's Urban Homeownership Recovery Program, as it may be authorized from time to time by the Agency Board.
N.J. Admin. Code § 5:80-26.2