The Agency derives its authority from the New Jersey Housing and Mortgage Finance Agency Law of 1983, N.J.S.A. 55:14K-1 et seq., which may be accessed at http://njlaw.rutgers.edu/cgi-bin/njstats/showsections.cgi?title=55&chapt=14K. Website visitors can notify the Agency of any nonfunctionality of this URL address by e-mail to jpeasco@njhmfa.gov and/or dapplegate@njhmfa.gov.

Download the Agency Regulations.

PROPOSED AMENDMENTS, REPEAL AND NEW RULE, AND REPEAL TO LOW-INCOME HOUSING TAX CREDIT QUALIFIED ALLOCATION PLAN, N.J.A.C. 5:80-33

The Agency proposed amendments, a repeal and new rule, and a repeal (collectively, the “Rulemaking”) to the Low-Income Housing Tax Credit Qualified Allocation Plan (QAP), which is codified at N.J.A.C. 5:80-33. The proposal notice for the Rulemaking was published in the May 1, 2023 New Jersey Register and is also available here.

A public hearing on the Rulemaking was held at the Agency offices at 637 South Clinton Avenue, Trenton, New Jersey 08611 on Friday, May 19, 2023 at 10:00 AM, at which time one person appeared and testified. The Agency also received written comments from 32 commenters.

The Agency adopted the proposed amendments, repeal and new rule, and repeal to the QAP, with non-substantial changes to the proposal not requiring additional public notice or comment, effective March 4, 2024.  The adoption notice was published in the March 4, 2024 New Jersey Register and is available here.

Requests for waivers from the express provisions of the NJHMFA's regulations may be made by submitting such request to the attention of the Executive Director. Waivers may be granted only by the NJHMFA Board when such waiver would not contravene the provisions of the NJHMFA's enabling statute, N.J.S.A. 55:14K-1 et seq., and upon a finding that, in granting the waiver, the Board will be promoting the statutory purposes of the HMFA.

The NJHMFA's waiver regulation is found at N.J.A.C. 5:80-1.

ADOPTED AMENDMENTS TO TENANT SELECTION STANDARDS RULES

NJHMFA adopted amendments to its tenant selection standards rules at N.J.A.C. 5:80-7, effective February 22, 2022. The tenant selection standards rules instruct housing sponsors, owners, and managing agents in the selection of tenants at NJHMFA-financed housing projects to comply with Federal, State, and local fair housing laws. The adopted amendments clarify certain provisions and update the rules to correspond with current terminology and to remain current with legal standards arising from applicable State and Federal statutory and regulatory requirements related to fair housing, including guidance from the U.S. Department of Housing and Urban Development.

The adoption notice was published in the February 22, 2022 New Jersey Register and is available here.

PROPOSED AMENDMENTS TO UPDATE TERMINOLOGY AND EXPAND EXAMPLES OF “TARGETED POPULATIONS” ELIGIBLE FOR ASSISTANCE UNDER DEFINITION OF “SPECIAL NEEDS PROJECT” AT N.J.A.C. 5:80-1.3 

Amendments were proposed to the Agency’s rules to update certain terminology to accord with current terminology of the Division of Child Protection and Permanency (CP&P), formerly the Division of Youth and Family Services (DYFS), within the Department of Children and Families and to expand the definition of “special needs project” at N.J.A.C. 5:80-1.3 to include special needs projects intended to provide housing for children under the care and custody of CP&P as eligible for assistance from the Agency.  The proposal notice was published in the May 6, 2019 New Jersey Register and is also available here. 

The proposal was adopted without change effective October 7, 2019.  The adoption notice as published in the October 7, 2019 New Jersey Register is available here. 

PROPOSED AMENDMENTS TO LOW INCOME HOUSING TAX CREDIT QUALIFIED ALLOCATION PLAN, N.J.A.C. 5:80-33 

Amendments were proposed by the Agency on May 6, 2019 to the Low Income Housing Tax Credit Qualified Allocation Plan (QAP), which is codified at N.J.A.C. 5:80-33.1 et seq.  The amendments are intended to codify the Agency’s policy with respect to the financing of inclusionary developments seeking low income housing tax credits.  The proposal notice was published in the May 6, 2019 New Jersey Register and is also available here. 

The proposal was adopted without change effective October 7, 2019.  The adoption notice as published in the October 7, 2019 New Jersey Register is available here. 

Amendment of Certification and Recertification of Income Rules, N.J.A.C. 5:80-5.20 

Proposed amendments to the New Jersey Housing and Mortgage Finance Agency (“Agency”) certification and recertification of income rules at N.J.A.C. 5:80-20 were published in the March 18, 2019 New Jersey Register.  The primary focus of the amendments is to allow housing sponsors to review the information and documentation provided by prospective tenants of housing projects financed by the Agency and to directly approve admissions, without the necessity of Agency pre-approval.  The notice of proposal is available here. 

The proposal was adopted effective September 3, 2019.  The adoption notice as published in the September 3, 2019 New Jersey Register is available here. 

Amendment of Prepayment Rules, N.J.A.C. 5:80-5.10 

Proposed amendments to the New Jersey Housing and Mortgage Finance Agency (“Agency”) prepayment rules at N.J.A.C. 5:80-10 were published in the March 18, 2019 New Jersey Register.  The primary focus of the amendments is to reduce the “lockout” period for the prepayment of Agency mortgages from 20 years to 15 years.  The notice of proposal is available here. 

The proposal was adopted effective September 3, 2019.  The adoption notice as published in the September 3, 2019 New Jersey Register is available here. 

Proposed Amendments, Repeals and New Rules to Low Income Housing Tax Credit Qualified Allocation Plan, N.J.A.C. 5:80-33 

Proposed amendments, repeals and new rules were proposed by the Agency to the Low Income Housing Tax Credit Qualified Allocation Plan (QAP), which is codified at N.J.A.C. 5:80-33.1 et seq.  The proposal notice will be published in the November 19, 2018 New Jersey Register and is available here.  

The proposal was adopted effective June 3, 2019, with non-substantial changes not requiring additional public notice or comment. The adoption notice as published in the June 3, 2019 New Jersey Register is available here. 　

Proposed Amendments, New Rule, and Repeal to Rent Rules - September 2018 

Proposed amendments, a new rule, and a rule repeal are being proposed by the Agency to its rent rules, which are codified at N.J.A.C. 5:80-9.  The proposal notice will be published in the September 17, 2018 issue of the New Jersey Register and is also available here.  The Agency will accept written comments on the proposal until November 16, 2018. 

The proposal was adopted effective March 18, 2019, with a non-substantial change not requiring additional public notice and comment (see N.J.A.C. 1:30-6.3) and with the proposed repeal of N.J.A.C. 5:80-9.13 not adopted, but still pending.  The adoption notice as published in the March 18, 2019 New Jersey Register is available here. 

Notice of Readoption with Technical Changes of the Agency's Rules 

The Agency has readopted its rules effective September 14, 2017, with technical changes effective October 16, 2017.  The readoption notice is published in the October 16, 2017 New Jersey Register and is also available here. The rules are codified at N.J.A.C. 5:80. 

Proposed Rule Repeals, New Rules, and Amendments 

Proposed repeals, new rules, and amendments to the New Jersey Housing and Mortgage Finance Agency (“Agency”) rules, codified at N.J.A.C. 5:80-1 et seq., were published in the June 19, 2017 New Jersey Register. The proposed repeals, new rules, and amendments are intended to promote de-regulation, clarity, and accuracy of the Agency rules. The complete Agency proposal is available for review here.

The proposal was adopted effective July 2, 2018, with non-substantial changes not requiring additional public notice and comment (see N.J.A.C. 1:30-6.3) and with the proposed repeal of N.J.A.C. 5:80-9.13 not adopted. The adoption notice as published in the July 2, 2018 New Jersey Register is available here. 

Adoption of Amendments to Qualified Allocation Plan 

The Agency has adopted amendments to the Low-Income Housing Tax Credit Qualified Allocation Plan, codified at N.J.A.C. 5:80-33.1 et seq.  

The Notice of Adoption, which was published in the March 6, 2017 New Jersey Register, is available here.