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Feb.
10, 2017
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Singleton, Quijano, Caputo,
Taliaferro, Green, Caride & Houghtaling Bill to Protect Sandy Victims Still
Rebuilding from Costly Bureaucratic Setbacks Signed into Law
(TRENTON) – Legislation
sponsored by Assembly Democrats Troy Singleton, Annette Quijano, Ralph Caputo
and Adam Taliaferro, Jerry Green, Marlene Caride, and Eric Houghtaling to
ensure the fairness of project deadlines, enhance transparency, and create
foreclosure protections for Superstorm Sandy victims was signed into law on
Friday.
“Thousands of
homeowners due to receive funding from grant programs set up to help them have
complained of extraordinary delays,” said Singleton (D-Burlington). “It
is shameful that almost four years after the storm, resident are still dealing
with these types of setbacks. This helps ensure that residents who are still
rebuilding are not hurt by bureaucratic stumbling blocks.”
“It is
incredibly unfair that residents who have been through so much already have to
delay their recovery process even further because of circumstances beyond their
control,” said Quijano (D-Union). “We need to put provisions in place that will
help protect residents affected by Sandy who are still trying to rebuild, but
keep getting tangled up in governmental red-tape.”
Under the new
law (A-333), the Department of Community Affairs (DCA) will have to extend the
completion deadline for projects funded through the Rehabilitation,
Reconstruction, Elevation and Mitigation (RREM) or Low to Moderate Income
Homeowners Rebuilding (LMI) grant, for applicants who can demonstrate the delay
was the fault of their builder or due to delays by the DCA in approving the
builder doing the project. If an application for aid under the Tenant-Based
Rental Assistance Program (TBRA), LMI, or RREM program is denied, the DCA would
have to provide the applicant with an explanation for the denial, and an
explanation for ways to remedy the application.
The law also
offers temporary protections against foreclosure to certain Sandy victims.
Under the law, homeowners who have either been approved for assistance through
the RREM or LMI program, or have received rental assistance from FEMA as a
result of damage to their primary residence could apply to the DCA for a
certificate of eligibility for mortgage forbearance.
The forbearance
period would conclude when whichever of these scenarios happens first: a year
after a certificate of occupancy for recovery and rebuilding program work has
been issued; July 1, 2019; or regarding a property in foreclosure proceedings,
10 days after a sheriff’s sale.
“It is
inexcusable that the same governmental snags that have kept Sandy victims from
rebuilding now threaten their homes,” said Caputo (D-Essex). “These provisions
can help these residents stay afloat while they wait for the powers that be to
get it right once and for all.”
“The idea of
Sandy victims facing foreclosure because of problems they did not create is
asinine,” said Taliaferro (D-Cumberland/Gloucester/Salem). “This law will help
address the economic crisis that many families continue to experience as a
result of Superstorm Sandy.”
“It is maddening
that almost four years after Sandy, there are people who still have not been
made whole,” said Green (D-Middlesex/Somerset/Union). “This is the least we can
do for homeowners who trusted those in charge to make things right, and were
severely disappointed.”
“This is
bureaucracy at its worse. These families deserve better than the delays and
inconsistencies that have plagued the recovery process,” said Caride
(D-Bergen/Passaic). “This will help prevent any more impediments so these
families can finally get back to normal.”
“As if having
your life disrupted by Mother Nature was not enough, these homeowners were
failed by the very entities tasked with their recovery,” Houghtaling
(D-Monmouth). “These provisions can help cut the red-tape they’ve been dealing
with and finally get them back on track.”
Under the law,
DCA would have to publicly report the reason for each application denial,
wait-list placement, and withdrawal from the RREM, TBRA, and LMI programs since
the start of the recovery effort, and to report the reasons for new denials,
wait-list placements, and withdrawals on a quarterly basis through 2018. Concerning
withdrawn applications, the public reporting requirements would apply only
after DCA has conducted a reasonable effort to contact the withdrawn applicant.
The law also
requires DCA to publicly report where all funding associated with application denials,
wait-list placements, and withdrawals has instead been allocated. The law
applies this requirement to all application denials, wait-list placements, and
withdrawals since the start of the recovery effort, and would require ongoing
reporting on a quarterly basis through 2018.
The law
also requires DCA to maintain a RREM appeals process for at least six months.
The appeals process would have to be open to any applicant to the RREM program
who submitted an initial application by the deadline of August 1, 2013,
regardless of the reason the applicant had been denied or removed from the
application process.
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