New Jersey Housing and Mortgage Finance Agency

New Jersey Housing and Mortgage Finance Agency

Compliance

The Compliance division is responsible for monitoring all properties with tax credit financing in the State of New Jersey. The HMFA requires annual owner compliance certifications by January 31.

In compliance with the Federal Tax code, the HMFA conducts annual file and physical inspections for 20% of the 66,000 units it monitors for 1/3 of the projects in its portfolio. Infractions are reported to the Internal Revenue Service, which, in its discretion, may conduct tax audits. Such audits may result in tax credit recapture and imposition of tax penalties.

Attention Tax Credit Property Owners

 

 

 

Compliance Forms

The compliance forms are updated regularly, please find the necessary form below. * Links with an asterisk are now required to be filled out electronically. 

Important Note - Only users with Adobe Acrobat Professional will be able to save documents that are filled out. If you are using Adobe Reader please print out the document before you close it or you will lose your work. If you have any questions please call Johanna Peña at 609-278-7629.

Gross Rent Floor Election

Revenue Procedure 94-57 clarifies that the gross rent an owner may charge will not fall below the rent limit that was in effect either at the time of initial allocation* (default) or at the owner’s election, the rent limit that is in effect at the placed in service date.

  • *For 9% projects, the initial allocation is the date of carryover.
  • *For 4% projects, the initial allocation is the date of the 42m determination.

If the owner wishes to elect the rent limits in effect at the placed in service date, a notification letter must be submitted to Natasha Solomon, Manager of Tax Credit Compliance, BEFORE any building is placed in service.

If notice is not received, or if it is received after the placed in service date, the gross rent floor will be the rent limits in effect at the time of initial allocation.* This is a one time, irrevocable election.