Chapter 13 Contents:
Special Programs for Tenants
Homelessness Prevention, Relocation Assistance, and Property Tax Rebates
NEW JERSEY HAS ESTABLISHED programs to prevent homelessness by providing assistance to cover back rent to low-income tenants who face eviction for nonpayment of rent. The state also operates a Relocation Assistance Program to help tenants who must move because their housing unit is no longer habitable or safe. The state also has a Homestead Property Tax Credit Act to return property taxes to tenants. These programs are discussed in this chapter.
Each of these programs has its own special purpose. Each program has its own set of rules and is administered by a different state or local agency. This chapter will help you to decide whether you might qualify for this assistance and where you can go to apply. Read this chapter carefully; but if you are having trouble with any of these programs, you may want to contact your regional Legal Services office.
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Programs to prevent eviction
New Jersey has several programs to help people who are in danger of being evicted and becoming homeless because they cannot pay their rent. The two major programs are the Emergency Assistance (EA) Program and the Homelessness Prevention Program (HPP). EA is only available to people who are receiving or would be eligible to receive welfare or Supplemental Security Income (SSI). HPP is available to people who are employed or receiving unemployment or disability payments.
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Homelessness Prevention Program (HPP)
The Homelessness Prevention Program is funded by the state and operated by the New Jersey Department of Community Affairs. The primary purpose of the program is to help people who face eviction because they have fallen behind in their rent payments, and who have a chance to keep their housing unit if they can get a little help. Cite: N.J.S.A. 52:27D-280. HPP can also help people who are already homeless. HPP can pay a security deposit and a few months’ rent to help people move into a home as long as they are able to show that they can pay the rent on their own after that.
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Back rent for tenants facing eviction. HPP provides money to tenants to pay rent that is due to the landlord to prevent eviction. To qualify for HPP, you must meet certain income limits. You must show that you got behind in your rent because of a temporary crisis, such as being laid off from your job. Also, you must prove that you will be able to afford to pay the rent in the future if HPP pays your back rent. You must also show that the landlord has served you with a summons and complaint for eviction for nonpayment of rent. To qualify for HPP, you must fill out an application form and provide detailed information on your income and the pending eviction complaint against you. If you qualify, HPP can pay up to six months’ back rent.
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HPP vouchers. HPP gives vouchers to tenants who qualify for assistance. The HPP voucher is a promise by HPP to pay the landlord the amount of the voucher, which is the amount the tenant needs to pay to avoid eviction. If HPP agrees to give you a voucher to cover the back rent, you must get the landlord to accept the voucher as payment. If the landlord signs the voucher, he or she must also agree to dismiss the eviction complaint.
If you cannot get the landlord to sign the voucher before the court hearing, you must then ask the judge to order the landlord to accept the voucher at the eviction hearing. There have been several court rulings where eviction actions have been dismissed because the funds are available to the landlord. The New Jersey Supreme Court has upheld the law that says that the landlord cannot discriminate against tenants who get subsidies to help pay their rent. Cite: Franklin Tower One, L.L.C. v. N.M., 157 N.J. 602 (1999).
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How to apply for the Homelessness Prevention Program. HPP funds for back rent are distributed through program representatives who work out of field offices located throughout the state. You can apply directly to the HPP office serving your county. Social service or community agencies can also write you a referral letter.
For the address and phone number of the office serving your area, call the main office of the program at 1-866-889-6270.
The program’s main address is:
Homelessness Prevention Program
Department of Community Affairs
P.O. Box 806 Trenton, NJ
08625-0806
It often takes time to get a decision from HPP on whether or not they will help you. You may not have much time because the landlord has already begun the eviction action and you have a date to appear in court. It is very important that you contact HPP as early in the eviction process as possible and that you let them know when your eviction case will be heard in court.
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HPP has limited funding. HPP gets a small amount of money from the State of New Jersey each year. In most years, HPP does not get enough money to help everyone who needs it. HPP also does not get money to have enough staff people in each county to take applications and process assistance to tenants. This funding shortage means that you may find that your local HPP office has run out of money, especially in the spring when the state fiscal year is coming to an end. It also means that you may have difficulty getting through to a local office or getting your application approved in time to prevent your eviction. If you are having trouble getting help from HPP, you can contact your regional Legal Services office or get help from a homelessness prevention agency in your community.
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If you are denied HPP. If HPP denies your request, they must send you a notice explaining why you were denied. You have the right to contest the denial at an informal hearing, called a fair hearing. You must ask for this hearing. Unfortunately, the hearing is not an emergency, and you are likely to be evicted before your hearing.
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Emergency Assistance (EA)
Money to pay back rent may also be available to tenants who are recipients of Work First New Jersey (WFNJ) benefits or Supplemental Security Income (SSI) through a program called Emergency Assistance (EA). EA can give you up to three months’ back rent or up to three months’ back utility payments in order to prevent eviction.
If you actually are evicted and become homeless, EA also provides:
- Emergency shelter,
- Security deposits and advance rent to lease an apartment,
- Utility deposits for a new apartment,
- Temporary rental assistance (TRA) to help you pay for a new apartment, and
- An allowance for furniture if you need it.
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How to apply for EA. You must apply for EA at your county welfare agency if you are eligible for WFNJ or SSI. (Single adults and childless couples who are eligible for WFNJ must apply at the local welfare department if the county welfare department has not taken over WFNJ.) To be eligible for EA, you must be homeless or expect to be homeless soon. You must show proof of an eviction, usually an eviction complaint or notice from your landlord. You must also show that you were unable to pay your rent. You may show that you were unable to pay your rent, even if you received welfare money, if you had to use it to pay for food, clothing, and other essentials. If you are denied EA, you must receive a written notice, and you have the right to a fair hearing on the decision. If you ask for an emergency hearing, the hearing should be held on an emergency basis. If you are denied EA, you should contact your regional Legal Services office.
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Other rental assistance programs
There may be other programs in your area that can help you to pay back rent to prevent an eviction if you are not on public assistance. Money is made available each year by the state to each county to operate a Comprehensive Emergency Assistance System, or CEAS. Each county has a CEAS committee that decides how the money will be used and which agencies in each community will receive this money. These local agencies then use this money to help people facing eviction or to provide shelter to homeless people. If your landlord is taking you to court for nonpayment of rent, call your county Board of Social Services and ask where to find such a program in your county.
These programs usually have very little money. They can pay only one or two months’ back rent and help only a few families each month. It is important to call your county Board of Social Services as soon as you know that your landlord is trying to evict you.
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Relocation assistance
Tenants are often forced to move from their homes because of action taken by a government agency. This is called displacement. The reasons an agency could order a tenant to move include the following:
- The building is to be boarded up or torn down with government approval.
- The landlord is ordered by the housing or building inspector to make repairs that cannot be made unless the tenants move.
- The landlord has allowed more people to live in a unit than the law allows, or the landlord has made a separate apartment out of a part of the building— such as an attic or a basement—that it is not legal to rent.
- The building is being taken over by a government agency to be used to build a school playground, a highway, a police station, a neighborhood renewal program, or some other public project.
- The landlord is not allowed to rent the apartment or room because of zoning laws.
The law requires that tenants forced to move for any of the above reasons be eligible for relocation assistance. Cite: N.J.S.A. 20:4-1, et seq.; N.J.S.A. 52:31B-1, et seq.; N.J.A.C. 5:11-1, et seq.; N.J.S.A. 2A:18-61.1(g) or 2A:18-61.1(h).
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What is relocation assistance?
Relocation assistance is money and other support to help displaced tenants find a new place to live. Eligible tenants may be able to receive the following payments:
- Money for temporary housing until the tenant finds a permanent home, if the government agency forces the tenant to move out immediately because of an emergency. This is limited to $500.
- A payment to cover the tenant’s actual moving costs, or a dislocation allowance of $200 and a fixed moving payment of up to $300, based on the number of rooms occupied.
- Up to $4,000, payable over three years, to meet rental expenses, or up to $4,000 to help with the required down payment expenses to purchase a house.
- Help to locate a new, affordable place for the tenant to live.
Tenants living in illegal apartments that violate the town’s zoning laws cannot be evicted unless they receive relocation assistance from the landlord (or the town, if it has a special law) in the amount of six times the monthly rent. This money must be paid to the tenant at least five days before the tenant is evicted. Cite: N.J.S.A. 2A:18-61.1(g) or 2A:18-61.1(h); Kona Miah v. Ahmed, 179. N.J. 511 (2004).
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Which agency provides relocation assistance?
The law makes the government agency that orders you to move responsible for relocation payments, including money payments. The government agency will usually be a city, town, or township agency that is involved in any of the actions described above, such as the housing inspection office, health department, or fire department. Many cities have a relocation officer who must make sure that relocation assistance is available whenever any city agency causes displacement. The operation of local relocation support programs is monitored by the New Jersey Department of Community Affairs in Trenton.
Be aware: Cities and towns do not like to pay relocation assistance benefits, even to people who are eligible for them. Displaced tenants are often told that they are not eligible for these benefits when they clearly should receive them. Sometimes, tenants are told that towns “don’t give relocation assistance.” If you think you are eligible for relocation assistance and are not satisfied with the response of your local agency, contact your regional Legal Services office for further advice.
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How can I obtain relocation assistance?
Visit your city or county relocation support office and ask if you are eligible for relocation assistance. You should contact the relocation support office as soon as you receive any notice that states that you must move because of bad conditions in your apartment, whether the notice is from your landlord or from a city agency. If you have any problems with your local relocation agency, you may appeal. Call and/or write:
Relocation Support Program
Department of Community Affairs
P.O. Box 802
Trenton, NJ 08625
(609) 984-7609
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How can I protect my right to receive relocation assistance?
There are several steps you can take to protect your right to receive relocation assistance:
- Do not move from your apartment or home until you get a notice from the relocation office telling you that you are eligible for relocation assistance and that you must move.
- If you find housing on your own, ask the relocation officer to inspect the housing before you move to make sure that the housing is safe and decent.
- If the relocation officer finds housing for you to move into, make sure that the housing is decent, safe, and sanitary; near your work, transportation, and public facilities; affordable; and large enough for you and your family.
- File an application for relocation assistance benefits as soon as possible, but no later than 12 months after your moving date.
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Displacement by fire
Tenants who have lost their housing because of fire do not have an absolute right to receive relocation assistance benefits. Under state law, cities may, if they wish, provide fire victims with limited benefits. You must check with your local housing or fire inspector to see if your city or town provides relocation assistance to fire victims. Cite: N.J.S.A. 20:4-3.1. Another law allows tenants to sue to force their landlord to repair their fire-damaged apartments. This law states that if a tenant’s apartment or rented house is damaged by fire, and the fire is not the tenant’s fault, the landlord must repair the fire damage as quickly as possible. The law also excuses a tenant from paying rent until the repairs are made. However, this law may not help you if your lease contains provisions that are different from those in the law. Cite: N.J.S.A. 46:8-6.
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Property tax rebates for tenants
On April 3, 2007, the New Jersey Homestead Property Tax Credit Act was signed into law. This law provides benefits for both homeowners and tenants. Tenants who had New Jersey gross income for 2006 of $100,000 or less will be eligible for a tax rebate check if:
- They rented and occupied an apartment or other rental dwelling in New Jersey that was their principal residence on October 1, 2006;
- The residence was subject to property taxes; and
- The property taxes were paid through the rent.
Note: Public housing and other housing projects that are owned by the government generally do not pay property taxes. Tenants who live in public housing or housing projects do not qualify for the tax rebate.
The Act replaces the FAIR Rebate Program that was in effect in 2004 and 2005, and the benefits to tenants are different from those in past years. For tenants 65 and older and/or disabled, with gross income of $70,000 or less ($35,000 or less if single or married, filing separately maintaining separate residences), the rebate amount will be equal to 18% of the rent, less 5% of gross income, plus $50, up to a maximum of $860.
Tenants do not automatically receive the maximum amount—income and filing status are taken into account when calculating the rebate. For senior or disabled tenants with gross income between $70,001 and $100,000, the maximum benefit is $160. For tenants who were under the age of 65 and not disabled, with gross income of $100,000 or less, rebate amounts will range from $80 up to a maximum of $350. The maximum rebate amount will be divided up for tenants who share rent with someone who is not their spouse and for spouses who file separate tax returns but live in the same principal residence.
The filing deadlines for the 2006 rebate have passed. For information about future rebates, please check our Web site, www.LSNJLAW.org, or www.lsnjlaw.org/espanol. You may call the New Jersey Division of Taxation at (609) 292-6400 or go to the division’s Web site at www.state.nj.us/treasury/taxation. You may also contact the Tax Legal Assistance Program at Legal Services of New Jersey or your local or state tenants organization.
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