Bill Text: NJ S789 | 2024-2025 | Regular Session | Introduced
Bill Title: Extends affordable housing preference to certain allied South Korean veterans.
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-02-08 - Reported from Senate Committee, 2nd Reading [S789 Detail]
Download: New_Jersey-2024-S789-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator GORDON M. JOHNSON
District 37 (Bergen)
SYNOPSIS
Extends affordable housing preference to certain allied South Korean veterans.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act extending affordable housing preference to certain South Korean veterans and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2017, c.19 (C.40:37A-114.1) is amended to read as follows:
1. a. As used in this section:
"Disabled veteran" means any resident of the State who has been honorably discharged or released under honorable circumstances from active service in any branch of the Armed Forces of the United States and who has been or shall be declared by the United States Veterans Administration, or its successor, to have a service-connected disability. "Disabled veteran" shall also include any South Korean military veteran who, as determined by the Department of Military and Veterans' Affairs: served in the Vietnam conflict as an ally to the United States; is a citizen and resident of this State; and has been declared by the South Korean equivalent of the United States Veterans Administration to have a service-connected disability.
"Veteran" means any resident of the State who has been honorably discharged or released under honorable circumstances from active service in any branch of the armed forces of the United States, or any honorably discharged member of the American Merchant Marine who served during World War II and is declared by the United States Department of Defense to be eligible for federal veterans' benefits. "Veteran" shall also include any South Korean military veteran who, as determined by the Department of Military and Veterans' Affairs: served in the Vietnam conflict as an ally to the United States; and is a citizen and resident of this State.
b. In addition to any other federal or State law regarding providing a veteran's affordable housing preference, the Commissioner of Community Affairs shall establish rules and regulations to provide a preference for affordable housing in a housing project, as defined under subsection f. of section 2 of P.L.1979, c.275 (C.40:37A-107), to homeless veterans, disabled veterans, and family members who are the primary residential caregivers to disabled veterans residing with them. All applicants for the housing preference as specified herein shall also be required to meet the income requirements for admission to the housing project.
c. Among applicants eligible to receive a housing project preference provided under subsection b. of this section, priority for the preference shall be given to applicants as follows: (1) homeless veterans shall receive first priority; (2) disabled veterans shall receive second priority; and (3) family members who are the primary residential caregivers to disabled veterans residing with them shall receive third priority.
(cf: P.L.2017, c.19, s.1)
2. Section 2 of P.L.2017, c.19 (C.40A:12A-20.2) is amended to read as follows:
2. a. As used in this section:
"Disabled veteran" means any resident of the State who has been honorably discharged or released under honorable circumstances from active service in any branch of the Armed Forces of the United States and who has been or shall be declared by the United States Veterans Administration, or its successor, to have a service-connected disability. "Disabled veteran" shall also include any South Korean military veteran who, as determined by the Department of Military and Veterans' Affairs: served in the Vietnam conflict as an ally to the United States; is a citizen and resident of this State; and has been declared by the South Korean equivalent of the United States Veterans Administration to have a service-connected disability.
"Veteran" means any resident of the State who has been honorably discharged or released under honorable circumstances from active service in any branch of the armed forces of the United States, or any honorably discharged member of the American Merchant Marine who served during World War II and is declared by the United States Department of Defense to be eligible for federal veterans' benefits. "Veteran" shall also include any South Korean military veteran who, as determined by the Department of Military and Veterans' Affairs: served in the Vietnam conflict as an ally to the United States; and is a citizen and resident of this State.
b. In addition to any other federal or State law regarding providing a veteran's affordable housing preference, the Commissioner of Community Affairs shall establish rules and regulations to provide a preference for affordable housing in a housing project to homeless veterans, disabled veterans, and family members who are the primary residential caregivers to disabled veterans residing with them. All applicants for the housing preference as specified herein shall also be required to meet the income requirements for admission to the housing project.
c. Among applicants eligible to receive a housing project preference provided under subsection b. of this section, priority for the preference shall be given to applicants as follows: (1) homeless veterans shall receive first priority; (2) disabled veterans shall receive second priority; and (3) family members who are the primary residential caregivers to disabled veterans residing with them shall receive third priority.
(cf: P.L.2017, c.19, s.2)
3. Section 8 of P.L.1983, c.530 (C.55:14K-8) is amended to read as follows:
8. a. Admission to housing projects constructed, improved or rehabilitated under this act shall be limited to families whose gross aggregate family income at the time of admission does not exceed six times the annual rental or carrying charges, including the value or cost to them of heat, light, water, sewerage, parking facilities and cooking fuel, of the dwellings that may be furnished to such families, or seven times those charges if there are three or more dependents. There may be included in the carrying charges to any family for residence in any mutual housing project constructed, improved or rehabilitated with a loan from the agency an amount equal to 6% of the original cash investment of the family in the mutual housing project and, to the extent authorized by the agency where not included in the carrying charges, the value or cost of repainting the apartment and replacing any fixtures or appliances. Notwithstanding the provisions of this section, no family or individual shall be eligible for admission to any housing project constructed, improved or rehabilitated with a loan from the agency, whose gross aggregate family income exceeds such amount as shall be established from time to time by the agency, by rules or regulations promulgated hereunder; except that with respect to any project financed by an agency loan insured or guaranteed by the United States of America or any agency or instrumentality thereof, the agency may adopt the admission standards for such projects then currently utilized or required by the guarantor or insurer.
The provisions of this subsection shall not apply to any housing project that the agency determines is necessary to promote the long term development and viability of a neighborhood and spur its revitalization or is situated in a qualified municipality that is constructed, improved or rehabilitated on or after the date upon which the commissioner determines that the municipality fulfills the definition of a qualified municipality pursuant to section 4 of P.L.2002, c.43 (C.52:27BBB-4).
b. The agency shall by rules and regulations provide for the periodic examination of the income of any person or family residing in any housing project constructed, improved or rehabilitated with a loan from the agency. If the gross aggregate family income of a family residing in a housing project increases and the ratio to the current rental or carrying charges of the dwelling unit becomes greater than the ratio prescribed for admission in subsection a. of this section but is not more than 25% above the family income so prescribed for admission to the project, the owner or managing agent of the housing project shall permit the family to continue to occupy the unit. The agency or (with the approval of the agency) the housing sponsor of any housing project constructed, improved or rehabilitated with a loan from the agency, may terminate the tenancy or interest of any family residing in the housing project whose gross aggregate family income exceeds by 25% or more the amount prescribed herein and which continues to do so for a period of six months or more; but no tenancy or interest of any such family in any such housing project shall be terminated except upon reasonable notice and opportunity to obtain suitable alternate housing, in accordance with rules and regulations of the agency; and any such family, with the approval of the agency, may be permitted to continue to occupy the unit, subject to payment of a rent or carrying charge surcharge to the housing sponsor in accordance with a schedule of surcharges fixed by the agency. The housing sponsor shall pay the surcharge to the municipality granting tax exemption, but only up to an amount that together with payments made to the municipality in lieu of taxes and for any land taxes equals 25% of the total rents or carrying charges of the housing project for the current and any prior years that the project has been in operation.
The provisions of this subsection shall not apply to any housing project situated in a qualified municipality that is constructed, improved or rehabilitated on or after the date upon which the commissioner determines that the municipality fulfills the definition of a qualified municipality pursuant to section 4 of P.L.2002, c.43 (C.52:27BBB-4).
c. For projects on which the agency has made a loan and financed the loan with the proceeds of bonds issued prior to January 1, 1973, any remainder of the surcharge, or the total surcharge if tax exemption has not been granted, shall be paid into the housing finance fund securing the bonds issued to finance the project for the use of the agency; for projects financed on or after January 1, 1973, any remainder of the surcharge, or the total surcharge if tax exemption has not been granted, shall be paid to the agency.
d. Any family residing in a mutual housing project required to remove from the project because of excessive income as herein provided shall be discharged from liability on any note, bond or other evidence of indebtedness relating thereto and shall be reimbursed, in accordance with the rules of the agency, for all sums paid by the family to the housing sponsor on account of the purchase of stock or debentures as a condition of occupancy or on account of the acquisition of title for such purpose.
The provisions of this subsection shall not apply to any housing project situated in a qualified municipality that is constructed, improved or rehabilitated on or after the date upon which the commissioner determines that the municipality fulfills the definition of a qualified municipality pursuant to section 4 of P.L.2002, c.43 (C.52:27BBB-4).
e. The agency shall establish admission rules and regulations for any housing project financed in whole or in part by loans authorized hereunder which shall provide priority categories for persons displaced by urban renewal projects, highway programs or other public works, persons living in substandard housing, persons and families who, by reason of family income, family size or disabilities, have special needs, elderly persons and families living under conditions violative of minimum health and safety standards.
The provisions of this subsection shall not apply to any housing project situated in a qualified municipality that is constructed, improved or rehabilitated on or after the date upon which the commissioner determines that the municipality fulfills the definition of a qualified municipality pursuant to section 4 of P.L.2002, c.43 (C.52:27BBB-4).
f. Notwithstanding the provisions of subsection e. of this section, the Commissioner of Community Affairs, in consultation with the Adjutant General of Military and Veterans' Affairs, shall promulgate admission rules and regulations for any housing project, financed in whole or in part by loans authorized hereunder, to provide a housing preference for veterans and surviving spouses, as those terms are defined under subsection (h) of section 1 of P.L.1963, c.171 (C.54:4-8.10), who qualify for public housing assistance, and for the spouses of veterans who currently so qualify. For the purposes of this subsection:
"Veteran" shall also include any South Korean military veteran who, as determined by the Department of Military and Veterans' Affairs: served in the Vietnam conflict as an ally to the United States; and is a citizen and resident of this State; and
"Surviving spouse" shall also include any citizen and resident of the State who, as determined by the Department of Military and Veterans' Affairs: is the surviving wife or husband of a deceased South Korean military veteran who served in the Vietnam conflict as an ally to the United States and was a citizen and resident of this State at the time of death.
(cf: P.L.2016, c.19, s.1)
4. Section 1 of P.L.2000, c.127 (C.38A:3-6a) is amended to read as follows:
1. a. (1) The Adjutant General of the Department of Military and Veterans' Affairs shall determine whether any person seeking to be considered a "veteran" or a "disabled veteran" under N.J.S.11A:5-1, N.J.S.18A:66-2, or a "veteran" under section 6 of P.L.1954, c.84 (C.43:15A-6) or section 1 of P.L.1983, c.391 (C.43:16A-11.7), meets the criteria set forth therein and shall be considered a veteran or disabled veteran, as appropriate, for the purposes of these laws. The Adjutant General of the Department of Military and Veterans' Affairs shall adjudicate an appeal from any person disputing the decision of the Adjutant General as to whether a person is to be considered a veteran or disabled veteran, as appropriate, for the purposes of these laws. The Adjutant General shall promptly notify the public entity responsible for administering each such law of the determination of the Adjutant General, and the determination shall be binding on such public entities.
(2) The Adjutant General of the Department of Military and Veterans' Affairs shall receive applications and make determinations related to citizens of the State seeking benefits and preferences on the basis of an individual's South Korean military veteran status, South Korean military disabled veteran status, or South Korean military veteran surviving spouse status, related to an individual who served in the Vietnam conflict as an ally to the United States pursuant to P.L. , c. (pending before the Legislature as this bill).
b. The Adjutant General of the Department of Military and Veterans' Affairs shall promulgate, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to effectuate the purposes of this act.
(cf: P.L.2000, c.127, s.1)
5. This act shall take effect on the first day of the third month next following enactment, except that the Commissioner of Community Affairs, in consultation with the Adjutant General of Military and Veterans' Affairs, may take anticipatory action necessary to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
STATEMENT
This bill extends the existing affordable housing preference for United States veterans to South Korean veterans who, as determined by the Department of Military and Veterans' Affairs, served in the Vietnam conflict as allies to the United States; and are a citizens and residents of this State. The bill also extends certain existing affordable housing preferences to surviving spouses and caretakers of South Korean veterans who served in the Vietnam conflict as allies to the United States.
The bill's provisions apply to affordable housing in housing projects that are financed by the New Jersey Housing and Mortgage Finance Agency, public housing authorities, county improvement authorities, redevelopment agencies, and the Department of Community Affairs, when acting as a public housing authority.
This bill would take effect on the first day of the third month next following enactment, except that the Commissioner of Community Affairs, in consultation with the Adjutant General of Military and Veterans' Affairs, would be permitted to take anticipatory action necessary to effectuate the provisions of the bill.
