Terms Used In New Jersey Statutes 55:14K-56

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
3. As used in this act:

“Affordable Home Ownership Opportunities Bonds” means any bonds of the New Jersey Housing and Mortgage Finance Agency that provide funds to facilitate the provisions of this act.

“Agency” means the New Jersey Housing and Mortgage Finance Agency.

“Annual income” means total income, from all sources, during the last full calendar year preceding the filing of an application for a loan pursuant to this act.

“Bonds” means bonds, notes or any other form of evidence of indebtedness of the agency, bearing either a fixed rate or a variable rate of interest, issued by the agency.

“Eligible project” means a project for the creation of low or moderate income housing which meets the standards of eligibility for loans under the program created by this act.

“Eligible purchaser” means a purchaser of a dwelling unit in an eligible project to whom a loan may be made under the program pursuant to section 5 of this act.

“Fund” means the Affordable Home Ownership Opportunities Fund established by section 5 of this act.

“Housing region” means a housing region as defined in subsection b. of section 4 of the “Fair Housing Act,” P.L.1985, c.222 (C. 52:27D-304) and determined by the Council on Affordable Housing pursuant to section 7 of that act, P.L.1985, c.222 (C. 52:27D-307).

“Local enforcement authority” means any officer or agency of local government responsible for the implementation or enforcement of land-use and building regulations established by or pursuant to the “State Uniform Construction Code Act,” P.L.1975, c.217 (C. 52:27D-119 et seq.) or the “Municipal Land Use Law,” P.L.1975, c.291 (C. 40:55D-1 et seq.).

“Low income” means a gross annual household income equal to 50% or less of the median gross annual household income for households of the same size within the relevant housing region.

“Moderate income” means a gross annual household income equal to not more than 80%, but more than 50% of the median gross annual household income for households of the same size within the relevant housing region.

“Program” means the Affordable Home Ownership Opportunities Program created by this act.

“Qualified nonprofit organization” means any corporation or association of persons organized under Title 15A of the New Jersey Statutes, having for its principal purpose, or as a purpose ancillary to its principal purpose, the improvement of realistic opportunities for low income and moderate income housing, as defined pursuant to the “Fair Housing Act,” P.L.1985, c.222 (C. 52:27D-301 et al.), being within the description of section 501(c)(3) of the United States Internal Revenue Code (26 U.S.C. § 501(c)(3)), having been determined by the agency to be a bona fide organization not under the effective control of any for-profit organization or governmental entity, and appearing capable, by virtue of past activities, qualifications of staff or board, or other features, of furthering the purposes of this act.

“Substantial rehabilitation” means repair, reconstruction or renovation which (1) costs in excess of 60% of the fair market value of a rehabilitated dwelling after such repair, reconstruction or renovation, or (2) renders a previously vacant and uninhabitable dwelling safe, sanitary and decent for residential purposes, or (3) converts to safe, sanitary and decent residential use a structure previously in non-residential use.

L.1995,c.343,s.3.