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A1409
ASSEMBLY, No. 1409
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
Assemblywoman CLEOPATRA G. TUCKER
District 28 (Essex and Union)
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
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.