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In recent years, housing costs in New Jersey have increased dramatically at rates that have outpaced rises in income. To address the Statewide shortage in affordable housing, tens of thousands of affordable housing units have been and will be made available to very low-, low-, and moderate-income families, the elderly, and persons with disabilities in New Jersey, including those implemented under the "Fair Housing Act."

Current rules designed to implement the “Fair Housing Act” require that the developer, owner or administrative agent of the affordable units affirmatively market their units through newspaper and radio or television, but digital marketing is not explicitly required. In an effort to stay current with changes in technology and how the public searches for available housing, the owner, developer, property manager or other administrative entity will be required to post rental units onto the NJHMFA’s Housing Resource Center (HRC) pursuant to P.L. 2020, c.51, effective on November 1, 2020.

Who is affected by this change?

Those who have an Affirmative Marketing Requirement are required to post affordable units onto the HRC, but all are welcome and encouraged to list any units that are or will become available for rent.

Which units need to be listed?

Any affordable units that are listed for the first time, existing units that are expected to become available and/or opened waitlists for current and future units are required to be listed on the HRC. All postings should include a link to an online fillable form or PDF application as well as information on how to obtain a paper application.

What if applications are accepted by lottery?

Lottery listings must be posted to the HRC at least 60 days prior to the lottery’s occurrence. All postings should include a link to an online fillable form or PDF application as well as information on how to obtain a paper application.

How do I post my unit(s) on the HRC?

You can download a PDF version of instructions or find instructions on the HRC website. For additional support and assistance, you can also call 1-877-428-8844.

I've posted my units. Now what?

Upon listing available units, you must submit evidence of the postings to the administrative agent and municipal housing liaison, who is tasked with enforcing compliance with the law. You will need to contact your municipality directly to determine what documentation is needed and how it will need to be submitted.

What happens if I fail to post my units?

Your municipality has the power to fine noncompliant properties $5000 for a first offense, $10,000 for a second offense and $15,000 for each subsequent offense, if corrective action is not taken to rectify the noncompliance upon notification by the municipal housing liaison.

What happens to the funds generated by these fines?

All funds generated by these fines are to be deposited into the municipality’s affordable housing trust fund.

Still have questions about the new requirements or how to list your units on the HRC? You can email HRC@njhmfa.gov with questions to receive a response within two business days or call 1-877-428-8844. Live webinars are coming soon, which will not only walk you through how to list your units on the HRC, but will also provide answers to any questions you may have regarding the new requirements and the HRC. 

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