Bill Text: NJ A4251 | 2012-2013 | Regular Session | Introduced
Bill Title: Extends moratorium on the imposition of Statewide non-residential development fees until 2018; establishes the "New Jersey Residential Foreclosure Transformation Act."
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-06-24 - Substituted by S2716 (2R) [A4251 Detail]
Download: New_Jersey-2012-A4251-Introduced.html
Sponsored by:
Assemblyman JERRY GREEN
District 22 (Middlesex, Somerset and Union)
Assemblywoman BONNIE WATSON COLEMAN
District 15 (Hunterdon and Mercer)
SYNOPSIS
Extends moratorium on the imposition of Statewide non-residential development fees until 2018; establishes the "New Jersey Residential Foreclosure Transformation Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the Statewide non-residential development fee, and the transfer and foreclosure of residential properties for affordable housing purposes, amending P.L.2008, c.46 and supplementing Title 55 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 37 of P.L.2008, c.46 (C.40:55D-8.6) is amended to read as follows:
37. a. The provisions of this subsection shall not apply to a financial or other contribution that a developer made or committed itself to make prior to the effective date of sections 32 through 38 of P.L.2008, c.46 (C.40:55D-8.1 through C.40:55D-8.7). The provisions of P.L.2008, c.46 that would permit the imposition of a fee upon a developer of non-residential property shall not apply to:
(1) Non-residential property for which a site plan has received either preliminary approval, pursuant to section 34 of P.L.1975, c.291 (C.40:55D-46), or final approval, pursuant to section 38 of P.L.1975, c.291 (C.40:55D-50), prior to [July] January 1, [2013] 2018; provided that a permit for the construction of the building has been issued by the local enforcing agency having jurisdiction, in accordance with section 13 of P.L.1975, c.217 (C.52:27D-131), prior to [January] July 1, [2015] 2020;
(2) A non-residential planned development which has received approval of a general development plan pursuant to section 5 of P.L.1987, c.129 (C.40:55D-45.3), or a nonresidential development for which the developer has entered into a developer's agreement pursuant to a development approval granted pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.) or for which the redeveloper has entered into a redevelopment agreement pursuant to P.L.1992, c.79 (C.40A:12A-1 et al.) prior to the effective date of P.L.2008, c.46 (C.52:27D-329.1 et al.); provided, however, that the general development plan, developer's agreement, redevelopment agreement, or any development agreement pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) provides that the developer or redeveloper pay a fee for affordable housing of at least one percent of the equalized assessed value of the improvements which are the subject of the development plan, developer's agreement, or redevelopment agreement;
(3) A non-residential project that, prior to [July] January 1, [2013] 2018, has been referred to a planning board by the State, a governing body, or other public agency for review pursuant to section 22 of P.L.1975, c.291 (C.40:55D-31); provided that a permit for the construction of the building has been issued by the local enforcing agency having jurisdiction, in accordance with section 13 of P.L.1975, c.217 (C.52:27D-131), [January] July 1, [2015] 2020;
(4) A non-residential property for which a site plan application has received approval by the New Jersey Meadowlands Commission, pursuant to section 13 of P.L.1968, c.404 (C.13:17-14) [July] January 1, [2013] 2018; provided that a permit for the construction of the building has been issued by the local enforcing agency having jurisdiction, in accordance with section 13 of P.L.1975, c.217 (C.52:27D-131), [January] July 1, [2015] 2020;
(5) Individual buildings within a nonresidential phased development that received either preliminary or final approval prior to [July] January 1, [2013] 2018, provided that a permit for the construction of the building has been issued prior to [January] July 1, [2015] 2020.
b. A developer may challenge non-residential development fees imposed pursuant to P.L.2008, c.46 (C.52:27D-329.1 et al.) by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest bearing escrow account by the municipality or by the State, as the case may be. Appeals from a determination of the director may be made to the tax court in accordance with the provisions of the State Uniform Tax Procedure Law, R.S.54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
c. Whenever non-residential development is situated on real property that has been previously developed with a building, structure, or other improvement, the non-residential development fee shall be equal to two and a half (2.5) percent of the equalized assessed value of the land and improvements on the property where the non-residential development is situated at the time the final certificate of occupancy is issued, less the equalized assessed value of the land and improvements on the property where the non-residential development is situated, as determined by the tax assessor of the municipality at the time the developer or owner, including any previous owners, first sought approval for a construction permit, including, but not limited to, demolition permits, pursuant to the State Uniform Construction Code, or approval under the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.). If the calculation required under this section results in a negative number, the non-residential development fee shall be zero.
Whenever the developer of a non-residential development has made or committed itself to make a financial or other contribution relating to the provision of housing affordable to low and moderate income households prior to the enactment of P.L.2008, c.46 (C.52:27D-329.1 et al.), the non-residential development fee shall be reduced by the amount of the financial contribution and the fair market value of any other contribution made by or committed to be made by the developer. For purposes of this section, a developer is considered to have made or committed itself to make a financial or other contribution, if and only if: (1) the contribution has been transferred, including but not limited to when the funds have already been received by the municipality; (2) the developer has obligated itself to make a contribution as set forth in a written agreement with the municipality, such as a developer's agreement; or (3) the developer's obligation to make a contribution is set forth as a condition in a land use approval issued by a municipal land use agency pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.).
d. Unless otherwise provided for by law, no municipality shall be required to return a financial or any other contribution made by or committed to be made by the developer of a non-residential development prior to the enactment of P.L.2008, c.46 (C.52:27D-329.1 et al.) relating to the provision of housing affordable to low and moderate income households, provided that the developer does not obtain an amended, modified, or new municipal land use approval with a substantial change in the non-residential development. If the developer obtains an amended, modified, or new land use approval for non-residential development, the municipality, person, or entity shall be required to return to the developer any funds or other contribution provided by the developer for the provision of housing affordable to low and moderate income households and the developer shall not be entitled to a reduction in the affordable housing development fee based upon that contribution.
e. The provisions of sections 32 through 38 of P.L.2008, c.46 (C.40:55D-8.1 through C.40:55D-8.7) shall not be construed in any manner as affecting the method or timing of assessing real property for property taxation purposes. The payment of a non-residential development fee shall not increase the equalized assessed value of any property.
(cf: P.L.2011, c.122, s.1)
2. (New section) Sections 2 through 14 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known and may be cited as the "New Jersey Residential Foreclosure Transformation Act."
3. (New section) The Legislature finds and declares that:
a. In recent years, there has been an enormous expansion in the number of mortgage foreclosure filings in New Jersey and across the nation. The number of mortgage foreclosure actions filed in the New Jersey Courts grew from just over 20,000 in 2005 to more than 51,000 in 2008, 66,000 in 2009, and 58,000 in 2010.
b. Preliminary information indicates a decline in the number of residential mortgage foreclosure filings during 2011. However, this decline is largely attributable to actions undertaken by the New Jersey Judiciary which, in December of 2010, suspended the processing of uncontested residential foreclosures by the six biggest lenders in order to address "robo-signing" and other processing irregularities.
c. Despite this decline, it has been reported that more than one in 10 New Jersey mortgage loans are already in foreclosure or are 90 days or more in arrears. Because of the large number of foreclosures filed during the 2009-2010 period, and the Judiciary's suspension of foreclosure processing, reports indicate that as of August 2011 more than 100,000 residential foreclosure cases were still open. Now that the courts have resumed processing foreclosures for the big six lenders, it is widely believed that foreclosure filings will increase. This is due in part to the large number of mortgages that are seriously delinquent, more than 90 days past due. Reports have indicated that during the suspension period mortgage lenders were waiting to file more than 28,000 additional foreclosures and that another 55,000 mortgage loans were over 90 days delinquent.
d. Many of these foreclosed residential properties are vacant, undermining the health, safety, and economic vitality of neighborhoods, depressing their property values, and reducing revenues to municipalities.
e. It is the public policy of this State to encourage the production of low-income and moderate-income housing to serve the general welfare of all the State's residents.
f. The availability of tens of thousands of foreclosed residential properties presents a unique opportunity for the State to facilitate the purchase and dedication, or the rental, of housing units for low-income and moderate-income residents.
g. Establishment of a temporary program within the New Jersey Housing and Mortgage Finance Agency dedicated to the purpose of identifying foreclosed residential properties and facilitating their purchase and dedication for occupancy or their rental, including, but not limited to, low-income and moderate-income families, is in the public interest of the State.
4. (New section) As used in sections 2 through 14 of P.L. , c. (C. ) (pending before the Legislature as this bill):
"Affordable" means a sales price or rent within the means of a low - or moderate - income household.
"Agency" means the New Jersey Housing and Mortgage Finance Agency established pursuant to section 4 of P.L.1983, c.530 (C.55:14K-4).
"Community development financial institution" means an entity designated and certified by the United States Department of the Treasury as a Community Development Financial Institution pursuant to 12 CFR Part 1805.
"Contractor" means a qualified community development financial institution that enters into a contract or loan with the agency pursuant to section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Eligible property" means any residential property that is owned by an institutional lender as the result of a mortgage foreclosure.
"Institutional lender" or "lender" means any lawfully constituted mortgage lender, mortgage investor, or mortgage loan servicer that owns an eligible property including, but not limited to, any agency or instrumentality of the United States, including, but not limited to, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the Federal Housing Administration, the Small Business Administration, the Resolution Funding Corporation, and the Federal Deposit Insurance Corporation.
"Intercreditor agreement" means an agreement among creditors that sets forth the various lien positions and the rights and liabilities of each creditor and its impacts on the other creditors.
"Low-income" means 50 percent or less of the median gross household income for households of the same size within the housing region in which the household is located, based upon the United States Department of Housing and Urban Development's Section 8 Income Limits (uncapped) averaged across counties for the housing region.
"Low-income housing" means housing affordable, according to United States Department of Housing and Urban Development or other recognized standards for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income equal to 50 percent or less of the median gross household income for households of the same size within the housing region in which the housing is located.
"Market-rate units" means housing not restricted to low- and moderate-income households that may sell or rent at any price.
"Moderate-income" means more than 50 percent but less than 80 percent of the median gross household income for households of the same size within the housing region in which the household is located, based upon the United States Department of Housing and Urban Development's Section 8 Income Limits (uncapped) averaged across counties for the housing region.
"Moderate-income housing" means housing affordable, according to United States Department of Housing and Urban Development or other recognized standards for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income equal to more than 50 percent but less than 80 percent of the median gross household income for households of the same size within the housing region in which the housing is located.
"Program" means the "New Jersey Foreclosure Transformation Program" established pursuant to sections 2 through 14 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Qualified community development financial institution" means a community development financial institution that has a minimum of $50 million in assets under management and a minimum of two years' experience in the financing and acquisition of real estate for affordable housing.
"Qualifying household" means a very-low- , low-, or moderate-income household, the head of which certifies in writing that the household intends to occupy the property as a principal residence for at least 12 months.
"Very-low-income" means 30 percent or less of the median gross household income for households of the same size within the housing region in which the household is located, based upon the United States Department of Housing and Urban Development's Section 8 Income Limits (uncapped) averaged across counties for the housing region.
"Very-low-income housing" means housing affordable, according to United States Department of Housing and Urban Development or other recognized standards for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income equal to 30 percent or less of the median gross household income for households of the same size within the housing region in which the housing is located.
5. (New section) There is established in the New Jersey Housing and Mortgage Finance Agency the "New Jersey Foreclosure Transformation Program," which shall be a temporary program for the purpose of purchasing foreclosed residential properties from institutional lenders and dedicating them for occupancy as affordable housing.
6. (New section) To implement the program, the agency shall have the following powers:
a. To enter into contracts and modify, or consent to the modification of, any contract or agreement to which the agency is a party or in which the agency has an interest under sections 2 through 14 of P.L. , c. (C. ) (pending before the Legislature as this bill), with or without public bidding, notwithstanding the provisions of any other law.
b. To make advance, progress, or other payments.
c. To acquire, hold, lease, mortgage, maintain, and dispose of, at public or private sale, real and personal property, using any legally available private sector methods including without limitation, securitization of debt or equity, limited partnerships, mortgage investment conduits, and real estate investment trusts, and otherwise exercise all the usual incidents of ownership of property necessary and convenient to the operations of the agency; provided, however, that every contract for the acquisition of real property entered into by the agency, and every deed conveying real property to the agency, shall provide that if the agency holds title to the property on the 61st day after the date of the deed, all rights, title, and interest conveyed to the agency shall automatically revert to and vest in the grantor without the necessity of any further act on the part of or on behalf of the grantor, it being the intent to convey a determinable estate. In each case where title has reverted to and re-vested in the grantor as provided in this subsection, the agency shall memorialize the reversion and re-vesting of title by the immediate execution and delivery of a deed to the grantor conveying all of the agency's estate, right, title, and interest in and to the property described therein.
d. To sue and be sued in its own name in any court of competent jurisdiction.
7. (New section) In addition to the powers of the agency described in section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) in implementing the program, the agency shall have the following powers:
a. The agency may enter into contracts with any person, corporation, or entity which the agency determines to be necessary or appropriate to carry out its responsibilities under sections 2 through 14 of P.L. , c. (C. ) (pending before the Legislature as this bill). Such contracts shall be subject to the procedures adopted pursuant to section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. In carrying out the agency's duties under sections 2 through 14 of P.L. , c. (C. ) (pending before the Legislature as this bill), the agency may utilize the services of private persons, including real estate and loan portfolio asset management, property management, auction marketing, and brokerage services, if such services are available in the private sector and the agency determines utilization of such services are practicable and efficient.
8. (New section) a. (1) To implement the program, the agency shall enter into contracts or loans, or both, with no more than two qualified community development financial institutions to negotiate, bid for, and purchase eligible properties and mortgage assets from institutional lenders for the purpose of producing affordable housing. In selecting contractors from among qualified community development financial institutions, the agency shall accord a strong preference to qualified community development financial institutions that have substantial experience in lending in New Jersey and substantial knowledge of New Jersey real estate markets. The agency may enter into contracts or loans, or both, with a partnership or consortia of organizations, as long as a qualified community development financial institution is the lead entity, or a partnership or consortia of multiple qualified community development financial institutions.
(2) The contracts entered into pursuant to paragraph (1) of this subsection shall specify the amounts, schedules, and types of funding to be provided by the agency to the qualified community development financial institutions, the repayment schedule for the portion of that funding to be repaid, and targeted goals of affordable housing to be produced. The agency may condition funding and goals upon the availability of funds to the agency. The contracts shall specify reasonable administrative costs sufficient to enable the qualified community development financial institutions to exercise their obligations pursuant to sections 2 through 14 of P.L. , c. (C.) (pending before the Legislature as this bill). The contracts shall set forth criteria for instances when the purchase, sale, lease, and conveyance of properties as market-rate units furthers the purposes of sections 2 through 14 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. (1) As soon as possible after the agency or one of its contractors enters into a contract to purchase an eligible property or mortgage asset for use as affordable housing, the agency or contractor shall provide the municipality in which the property is located a 45-day period of time within which the municipal governing body may:
(a) consent or withhold consent to the agency's or contractor's purchase of the eligible property for use as affordable housing, or
(b) opt to purchase the property in lieu of the agency or contractor in accordance with the provisions set forth in this section. The municipality may waive these rights through written notice to the agency or, if so designated by the agency, its contractors, prior to the expiration of the 45-day period.
(2) Those eligible properties purchased by the qualified community development financial institutions and designated pursuant to this section for use as affordable housing shall be restricted for occupancy as affordable housing for a period of 30 years. The restriction shall be set forth in the deed and recorded in the office of the county recording officer of the county wherein the real estate is situated. Affordability controls shall be imposed upon purchase and maintained upon transfer in accordance with the provisions of the Uniform Housing Affordability Controls promulgated by the agency.
c. (1) As soon as possible after entering into a contract to purchase an eligible property for use as affordable housing, but not less than five days after the date the agency or its contractors enters into the contract, the agency or its contractors shall provide written notice by personal service or certified mail to the governing body of the municipality within which the eligible property is located. The notice shall inform the municipal governing body of:
(a) the agency or contractor's intent to purchase the eligible property and to restrict it for use as affordable housing for 30 years,
(b) the municipality's opportunity to consent or to withhold consent to the proposed purchase and dedication of the property for affordable housing,
(c) the municipality's opportunity to purchase the eligible property,
(d) the municipality's right of first refusal to purchase the property, and
(e) the municipality's right to use monies deposited in its affordable housing trust fund.
(2) As soon as possible after entering into a contract to purchase an eligible property, but not less than five days after the date the agency or its contractors enters into the contract, the agency or its contractors shall list the property on the Department of the Treasury's website. The listing shall contain basic information about the property, including but not limited to location, condition, and information relating to the estimated fair market value of the property. The agency or its contractors shall make information about the listing available to the agency and, upon request, to municipalities, other public agencies, community development corporations, developers, and qualifying households.
(3) The agency or its contractors shall allow public agencies, community development corporations, developers, and qualifying households reasonable access to an eligible property for purposes of inspection.
d. (1) In order to consent or withhold consent to the proposed purchase and dedication of an eligible property as affordable housing or exercise its right to purchase an eligible property, the governing body of the municipality shall provide written notice to the executive director of the agency or, if so designated by the agency, its contractors, within 45 days of the municipality's receipt of the notice required pursuant to subsection c. of this section.
(2) The governing body of a municipality may adopt a resolution authorizing the mayor or other designated municipal official to respond to notices received pursuant to subsection c. of this section. The resolution may establish parameters for that exercise of authority, including but not limited to the total amount of funds that may be expended and the amount that may be expended for each unit of housing.
(3) A municipality may use any available funding sources to purchase eligible properties or mortgage assets through the agency pursuant to this section, except for funds that are dedicated to another purpose by law, covenant, or other obligation.
(4) Whenever a municipality does not exercise an option to purchase an eligible property under this section or withhold consent to the proposed purchase and dedication of the property for affordable housing within 45 days of the municipality's receipt of the notice required pursuant to subsection c. of this section, the agency or its contractors may convey the property for occupancy as affordable housing subject to a 30-year deed restriction to another public agency, a community development corporation, a developer, or a qualifying household or the contractors may lease the property for occupancy as affordable housing subject to a 30-year deed restriction. A municipality that does not exercise an option to purchase an eligible property under this section may adopt a resolution authorizing the agency or its contractors to use monies deposited in that municipality's affordable housing trust fund, up to and including the negotiated purchase price of the eligible property, and apply those funds to the purchase of the eligible property.
e. Notwithstanding any other provision of this section to the contrary, the agency and, if authorized by contract, its contractors, may purchase, sell, lease, and convey market rate-units without offering those units to the municipality and without imposing affordability controls upon the property if the purchase, sale, lease, and conveyance of those properties as market-rate units satisfy criteria established pursuant to contract in accordance with subsection a. of this section and does not violate the terms of any other provision of law or requirement, including those governing the use of funds used to make the purchase.
f. All purchases, sales, leases, and conveyances of property by qualified community development financial institutions exercised pursuant to this section shall be deemed to lessen the burdens of government in furthering the purposes of sections 2 through 14 of P.L. , c. (C. ) (pending before the Legislature as this bill).
9. (New section) a. A municipality that purchases an eligible property pursuant to section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall sell and convey or lease the housing unit or units acquired within 60 days of the date of purchase, unless it is not possible to do so due to practical or market conditions. In the event that an eligible property is not conveyed or leased within 180 days of the date of purchase, or remains vacant for a 180-day period during the pendency of affordability controls, the agency may commence proceedings to take control of the property and to sell and convey or lease the property in furtherance of the purposes of sections 2 through 14 of P.L. , c. (C. ) (pending before the Legislature as this bill) and deed restrictions of record.
b. The governing body of a municipality that purchases an eligible property pursuant to section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill) may, by resolution, authorize the private sale and conveyance or the lease of a housing unit or units acquired pursuant to section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill). Every deed and rental agreement shall contain a provision specifying the requirement that the housing unit or units shall remain available to low- and moderate-income households for a period of at least 30 years.
c. Except as provided in subsection d. of this section, whenever the agency, its contractors, or a municipality purchases an eligible property pursuant to section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill) from monies deposited in the municipality's affordable housing trust fund and dedicates the property for affordable housing, as required by section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill), that municipality shall receive two units of credit towards its affordable housing obligation for each unit of affordable housing dedicated and provided.
d. The total number of bonus units of credit beyond the actual units of housing provided pursuant to section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not exceed 25 percent of whatever the municipality's affordable housing obligation may be. No unit of affordable housing shall receive the bonus units of credit described in section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill) in addition to any other type of additional units of credit that may be available towards a municipality's affordable housing obligation.
10. (New section) The agency and the State Treasurer shall prioritize the allocation of tax-exempt private activity bonds in the amount necessary to effectuate the purposes of sections 2 through 14 of P.L. , c. (C. ) (pending before the Legislature as this bill) in each fiscal year until the agency ceases operation of the program, provided that the proceeds of tax-exempt private activity bonds to support the purposes of sections 2 through 14 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be limited to contracts with and loans to qualified community development financial institutions pursuant to section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill).
11. (New section) a. For the purposes of this section:
"Foreclosure-impacted municipality" means a municipality that documents a minimum of 10 units of housing that have been foreclosed upon and have remained unsold on a Multiple Listing Service for at least 60 days; and
"Units of housing" means units of housing that are not age-restricted and are habitable year-round, including but not limited to, single family homes, condominium units, cooperative units, and mobile homes with at least two bedrooms.
b. (1) Prior to the date that a foreclosure-impacted municipality's development fees or payments-in-lieu fees are scheduled to transfer to the "New Jersey Affordable Housing Trust Fund" pursuant to section 8 of P.L.2008, c.46 (C.52:27D-329.2) or section 9 of P.L.2008, c.46 (C.52:27D-329.3), the municipality may adopt a resolution committing the expenditure of municipal affordable housing trust fund monies. If a municipality adopts the resolution to authorize the transfer of its affordable housing trust fund monies to the program within 60 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) for the purposes of the program, the municipality shall be deemed to have committed the funds by the deadline imposed pursuant to section 8 of P.L.2008, c.46 (C.52:27D-329.2) or section 9 of P.L.2008, c.46 (C.52:27D-329.3). These funds shall be used to produce very-low-income, low-income, and moderate-income housing. The resolution shall authorize the transfer of a minimum of $150,000 from the municipality's municipal affordable housing trust fund to the "Foreclosure to Affordable Housing Transformation Fund" established pursuant to section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill) for use by the agency or its contractors for the provision of affordable housing pursuant to this section and the procedures specified in section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(2) The resolution may authorize the mayor or other designated municipal official to exercise the municipal powers described in section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill). The resolution may establish parameters for that exercise of authority, including but not limited to purchase price levels for the exercise of that power.
c. (1) The agency or its contractors shall use funds transferred pursuant to subsection b. of this section to produce very-low-, low-, and moderate-income housing within the municipality transferring funds pursuant to this section, with a deed restriction specifying that the housing unit or units shall remain available to low- and moderate-income households for a period of at least 30 years.
(2) If the agency or its contractors are unable to utilize some or all of the funds provided to produce affordable housing within the municipality within two years of the transfer of such funds to the "Foreclosure to Affordable Housing Transformation Fund" established pursuant to section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill), the funds shall be returned to the municipality as soon as practicable after the two-year anniversary of such transfer. From the date any such funds are returned to the municipality, the municipality shall be required to commit the funds in accordance with section 8 of P.L.2008, c.46 (C.52:27D-329.2) or section 9 of P.L.2008, c.46 (C.52:27D-329.3), as applicable, within the time constraints set forth in those sections or within six months after the date of transfer of funds back to the municipality, whichever is later.
d. Affordable housing created pursuant to this section through the "Foreclosure to Affordable Housing Transformation Fund" established pursuant to section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall receive additional affordable housing credit as set forth in subsection c. of section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill), even if the municipality does not exercise its right to purchase the property.
e. No agency of the State of New Jersey shall take any action to transfer funds from a municipal affordable housing trust fund to the "New Jersey Affordable Housing Trust Fund" established pursuant to section 20 of P.L.1985, c.222 (C.52:27D-320) when such funds are designated to effectuate the purposes of sections 2 through 14 of P.L. , c. (C. ) (pending before the Legislature as this bill) during the timeframes established in this section. Nothing in sections 2 through 14 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed as requiring the State to spend monies that have been deposited in the General Fund to effectuate the purposes of sections 2 through 14 of P.L. ,c. (C. ) (pending before the Legislature as this bill).
12. (New section) a. There is established within the agency a "Foreclosure to Affordable Housing Transformation Fund," which shall be a non-lapsing, revolving fund and which shall be the repository for funds appropriated or otherwise made available for the purposes of sections 2 through 14 of P.L. , c. (C. ) (pending before the Legislature as this bill), and any interest earned thereon. The fund shall be administered by the agency, in accordance with its authority under section 5 of P.L.1983, c.530 (C.55:14K-5) to manage funds for housing programs.
b. The agency may transfer into the "Foreclosure to Affordable Housing Transformation Fund" any amounts held or received by the agency that may be used for the production of affordable housing and that is needed by the agency or its contractors for the purchase of eligible property. Subject to the provisions of sections 20 through 28 of P.L.1983, c.530 (C.55:14K-20 through C.55:14K-28), the agency is authorized to issue its bonds to fund the activities of the program; provided, however, that tax-exempt bonds shall only be issued consistent with the requirements of section 10 of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. In any year in which the proceeds from the receipts of the additional fee collected pursuant to paragraph (2) of subsection a. of section 3 of P.L.1968, c.49 (C.46:15-7) exceeds $75 million, the first $10 million above the $75 million collected shall be transferred into the "Foreclosure to Affordable Housing Transformation Fund" for the purposes of the production of affordable housing.
d. Notwithstanding any provision of law to the contrary, the Commissioner of Community Affairs may transfer into the "Foreclosure to Affordable Housing Transformation Fund" amounts held for the production of affordable housing and not designated for a specific purpose beyond the overall production of affordable housing by the annual budget, including but not limited to monies deposited in the "New Jersey Affordable Housing Trust Fund," which amounts are needed by the agency for the purchase of eligible property. The commissioner shall consider the transfer of funds from the "New Jersey Affordable Housing Trust Fund" to the "Foreclosure to Affordable Housing Transformation Fund" as a priority for funding until the agency ceases the program's operations.
e. All amounts deposited into the "Foreclosure to Affordable Housing Transformation Fund" that are derived from federal funding sources or are otherwise dedicated to the production of affordable housing shall be used exclusively for the production of affordable housing. The agency may use other funds for the production of affordable housing or market rate housing.
f. The agency may use annually up to three percent of the monies available in the fund for the payment of any necessary administrative costs related to the administration of sections 2 through 14 of P.L. , c. (C. ) (pending before the Legislature as this bill).
13. (New section) a. On or before the last day of March in each year, the agency shall make an annual report of the program's activities for the preceding calendar year, and the program's planned activities for the current and following calendar year, to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature. The agency shall display the annual reports on the agency's website.
b. Each annual report shall set forth the current nature and extent of foreclosure activity in New Jersey and shall depict changes in foreclosure activity from the prior calendar year. The report shall set forth a complete operating and financial statement covering the program's operations, transactions, and holdings during the preceding year, including but not limited to:
(1) the total number of re-capitalized market rate units; and
(2) the total numbers of very-low-income, low-income, and moderate-income units that were produced for sale and for rental in the preceding year pursuant to sections 2 through 14 of P.L. , c. (C. ) (pending before the Legislature as this bill), their locations by municipality, and the sources of financing used.
14. (New section) The agency shall cease the program's operations on December 31, 2017. On that date, any assets, liabilities, properties, or funds held by the agency shall transfer to other authorized programs operated by the agency.
15. This act shall take effect immediately.
STATEMENT
This bill amends P.L.2008, c.46 to extend for four and a half years, until January 1, 2018, the moratorium on the imposition of fees on non-residential construction projects. In 2011, the moratorium on the imposition of the fees was previously extended by two years, until July 1, 2013, pursuant to P.L.2011, c.122.
Additionally, sections 2 through 14 of the bill create the "New Jersey Residential Foreclosure Transformation Act," which establishes the "New Jersey Foreclosure Transformation Program" as a temporary program within the New Jersey Housing and Mortgage Finance Agency (HMFA) for the purpose of purchasing foreclosed residential properties from institutional lenders and dedicating the properties for occupancy as affordable housing. The HMFA is to cease the program's operations on December 31, 2017.
The bill empowers the HMFA to purchase foreclosed residential properties and mortgage assets from institutional lenders in order to produce affordable housing and dedicate it as such for 30 years. The bill directs the HMFA to enter into contracts or loans, or both, with no more than two experienced, financially sophisticated, community development financial institutions to enhance the ability of the HMFA to fulfill its purpose of producing affordable housing.
Under the bill, the HMFA or, if applicable, one of its contractors, is to give the municipality in which the property is located a right to consent or withhold consent to the proposed purchase and dedication of the property as affordable housing and also provide the municipality a right of first refusal to purchase the property and dedicate it as affordable housing. A municipality may exercise its right to purchase and dedicate eligible property for affordable housing, decline the option to purchase, or decline to exercise the option but, instead, authorize the HMFA or its contractors to use monies from the municipality's affordable housing trust fund to purchase the property.
The bill provides that whenever a municipality does not exercise its right of first refusal to purchase a property, the HMFA may purchase the property and convey it to another public agency, a community development corporation, a developer, or a qualifying household for occupancy as affordable housing subject to a 30-year deed restriction. The power of the HMFA to acquire real property under the bill is to be limited to short-term purchases, of no more than 60 days, to facilitate prompt conveyance of the property to another public agency, a community development corporation, a developer, or a qualifying household for occupancy as affordable housing subject to a 30-year deed restriction. Every contract for the acquisition of real property entered into by the HMFA, and every deed conveying real property to the HMFA, must provide that if the HMFA holds title to the property on the 61st day after the date of the deed, all rights, title, and interest conveyed to the HMFA will automatically revert to and vest in the grantor without the necessity of any further act on the part of or on behalf of the grantor. The bill requires the HMFA to execute and deliver a confirmatory deed back to the grantor of property in the event that the title to the property reverts to the grantor.
The bill provides that whenever the HMFA, its contractors, or a municipality purchases an eligible property using monies deposited in a municipality's affordable housing trust fund, the municipality is to receive two units of credit toward any Council on Affordable Housing-imposed obligation to provide affordable housing for each eligible unit of affordable housing dedicated and provided. The bill awards municipalities additional units of credit, above the actual number of dedicated affordable housing units produced, as an incentive for municipalities to authorize the use of their affordable housing trust fund monies for the purchase of eligible properties and to dedicate them as affordable housing.
The bill further provides that the number of additional units of credit that a municipality can receive towards its affordable housing obligation for property purchased and dedicated as affordable housing under the bill cannot exceed 25 percent of the municipality's affordable housing obligation and that a municipality cannot receive both additional units of credit for producing a unit of affordable housing under this bill, and additional units of credit for that unit under another provision of law.
The bill establishes a mechanism through which a "foreclosure-impacted municipality," one that has 10 or more foreclosed homes listed on a multiple listing service for at least 60 days, can insulate its affordable housing trust funds from the laws that will require the transfer of its trust fund monies to the "New Jersey Affordable Housing Trust Fund." A foreclosure-impacted municipality can accomplish this by adopting a resolution committing the expenditure of its municipal affordable housing trust fund monies for the production of affordable housing and authorizing the transfer of at least $150,000 of its municipal affordable housing trust fund monies to the HMFA for the HMFA to use to produce affordable housing. If a municipality adopts the resolution to authorize the transfer within 60 days after the effective date of the bill, the municipality shall be deemed to have committed the funds by the deadline imposed pursuant to section 8 of P.L.2008, c.46 (C.52:27D-329.2) or section 9 of P.L.2008, c.46 (C.52:27D-329.3)
The bill requires the HMFA to use funds transferred from a foreclosure-impacted municipality to produce affordable housing within that municipality. If the HMFA is unable to use all of the transferred funds within two years of the date of transfer, the HMFA is to return the remaining funds to the municipality and the municipality would have at least six months from the date the funds are returned to commit the funds in accordance with other provisions of law. During this time period, all municipal trust fund monies designated for the purchase of foreclosed properties would be protected from transfer to the State. A municipality would receive bonus credits, as otherwise provided in the bill, for affordable housing produced by the HMFA or by one of its contractors pursuant to this mechanism.
The bill would allow the HMFA to establish criteria to identify the circumstances when the purchase, sale, lease, or conveyance of market-rate units furthers the purposes of the HMFA. The HMFA itself, or through its contractors, would be able to purchase, sell, lease, or convey market-rate units in accordance with those criteria without imposing affordability controls upon the property as long as the transaction does not violate the terms of any other provision of law or requirement.
The bill establishes the "Foreclosure to Affordable Housing Transformation Fund," a non-lapsing, revolving fund to serve as the repository for funds appropriated or otherwise made available for the HMFA to fulfill its purposes. The HMFA would administer the fund and would be authorized to transfer into the fund any amounts it has that may be used for the production of affordable housing. The bill authorizes the HMFA to issue bonds to fund the activities of the program. The bill calls for prioritization of the allocation of tax-exempt private activity bonds to allow the HMFA to fulfill the purposes of the bill.
Under the bill, in any year in which the proceeds from the Realty Transfer Fee additional fee, paid pursuant to paragraph (2) of subsection a. of section 3 of P.L.1968, c.49 (C.46:15-7), exceeds $75 million, the first $10 million above the $75 million collected will be transferred into the "Foreclosure to Affordable Housing Transformation Fund" for the purposes of the production of affordable housing. The bill authorizes the Commissioner of Community Affairs to transfer into the fund certain amounts held for the production of affordable housing, including, but not limited to, monies deposited in the "New Jersey Affordable Housing Trust Fund."
The bill provides that amounts deposited in the fund that are derived from federal funding sources or are otherwise dedicated to the production of affordable housing must be used for the production of affordable housing. However, the bill allows the HMFA to use other funds for the production of affordable housing or market-rate housing and allows the HMFA to use annually up to three percent of fund monies for administrative cost.
Finally, the bill requires the HMFA to make an annual report on the program's activities to the Governor and the Legislature, setting forth a complete operating and financial statement covering the program's operations, transactions, and holdings during the year. The HMFA shall display the annual reports on the agency's website.
