or 3. The development has been designated by the Secretary of HUD as “housing
for older persons” as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C.
§ 3607.
“Agency” means the New Jersey Housing and Mortgage Finance Agency
established by P.L.1983, c. 530 (C.55:14K-1 et seq.).
“Assisted living residence” means a facility licensed by the New Jersey Department
of Health to provide apartment-style housing and congregate dining and to ensure
that assisted living services are available when needed for four or more adult
persons unrelated to the proprietor. Apartment units must offer, at a minimum, one
unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit
entrance.
“Barrier-free escrow” means the holding of funds collected to adapt affordable unit
entrances to be accessible in accordance with N.J.S.A. 52:27D-311a et seq. Such
funds shall be held in a municipal affordable housing trust fund pursuant to N.J.A.C.
5:99-2.6.
“Builder’s remedy” means court-imposed site-specific relief for a litigant who seeks
to build affordable housing for which the court requires a municipality to utilize
zoning techniques, such as mandatory set-asides or density bonuses, including
techniques which provide for the economic viability of a residential development by
including housing that is not for low- and moderate-income households.
“Certified household” means a household that has been certified by an
administrative agent as a very-low-income household, a low-income household, or a
moderate-income household.
“Choice” means the no-longer-active Choices in Homeownership Incentives for
Everyone Program, as it was authorized by the Agency.
“COAH” or the “Council” means the Council on Affordable Housing established in,
but not of, DCA pursuant to the Act and that was abolished effective March 20,
2024, pursuant to section 3 at P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1).
“Commissioner” means the Commissioner of the Department of Community Affairs.
“Compliance certification” means the certification obtained by a municipality
pursuant to section 3 of P.L.2024, c. 2 (C.52:27D-304.1), that protects the
municipality from exclusionary zoning litigation during the current round of present
and prospective need and through July 1 of the year the next round begins, which is
also known as a “judgment of compliance” or “judgment of repose.” The term
“compliance certification” shall include a judgment of repose granted in an action
filed pursuant to section 13 of P.L.1985, c. 222 (C.52:27D-313).
“Construction” means new construction and additions, but does not include
alterations, reconstruction, renovations, conversion, relocation, or repairs, as those
terms are defined in the State Uniform Construction Code promulgated pursuant to
the State Uniform Construction Code Act, P.L. 1975, c. 217(N.J.S.A. 52:27D-119 et
seq.).
“County-level housing judge” means a judge appointed pursuant to section 5 at P.L.
2024, c. 2, to resolve disputes over the compliance of municipal fair share affordable