Terms Used In New Jersey Statutes 55:14K-89

  • 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.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
9. As used in sections 9 through 14 of P.L.2008, c.127 (C. 55:14K-89 et seq.):

“Affordable rent” means monthly rent or lease payments that do not exceed 33% of the household’s monthly average gross income.

“Agency” means the New Jersey Housing and Mortgage Finance Agency established pursuant to P.L.1983, c.530 (C. 55:14K-1 et seq.).

“Commissioner” means the Commissioner of Community Affairs.

“Homeowner” means the individual who holds legal title to a residential real property that is the individual’s principal dwelling and is in imminent danger of foreclosure.

“Household” means a homeowner and individuals who resided with the homeowner at the time the lease-purchase agreement was executed and continue to reside with the homeowner at the time the agreement of sale is executed.

“HUD” means the United States Department of Housing and Urban Development.

“HUD certified housing counseling agency” means a community-based non-profit organization, as demonstrated by section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3), which has been certified by the United States Department of Housing and Urban Development as experienced in housing counseling for at least one year prior to receiving certification.

“Fund” means the Housing Assistance and Recovery Program Support Fund established by section 10 of P.L.2008, c.127 (C. 55:14K-90).

“Lease-purchase agreement” means a use and occupancy agreement approved by the agency whereby the sponsor acquires title to the homeowner’s property and agrees to permit the former homeowner to use and occupy the property for a period not to exceed 36 months at an affordable rent.

“Lender” means the owner of the homeowner’s mortgage.

“Maximum income limit” means a household income that does not exceed 120% of the area median income, as defined for New Jersey in guidelines published annually by the United States Department of Housing and Urban Development, or that does not exceed the New Jersey Housing and Mortgage Finance Agency’s Mortgage Revenue Bond Program income limits, whichever is greater.

“Program” means the “New Jersey Housing Assistance and Recovery Program.”

“Property” means a one-, two- or three-family dwelling that is the primary residence of the household.

“Sponsor” means a non-profit community development corporation, a non-profit housing counseling organization, or a public entity, including a municipality, county, or a municipal or county authority.

“Trained foreclosure prevention and default mitigation counselor” means a housing counselor employed by a HUD certified housing counseling agency who has successfully completed a foreclosure prevention and default mitigation training course provided by a nationally recognized homeownership education and counseling organization such as course HO345d-rq “Foreclosure Intervention and Default Counseling Certification Part I” provided by the NeighborWorks America Center for Homeownership Education and Counseling.

L.2008, c.127, s.9.