BILL TO PROTECT SANDY VICTIMS STILL REBUILDING FROM COSTLY BUREAUCRATIC SETBACK CLEARS ASSEMBLY!

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July 30, 2016		Majority Press Office 609.847.3500

Singleton, Quijano, Caputo, Taliaferro, Green, Caride & Houghtaling Bill to Protect Sandy Victims Still Rebuilding from Costly Bureaucratic Setbacks Clears Assembly

(TRENTON) – Legislation sponsored by Assembly Democrats Troy Singleton, Annette Quijano, Ralph Caputo and Adam Taliaferro to ensure the fairness of project deadlines, enhance transparency, and create foreclosure protections for Superstorm Sandy victims was approved Thursday by the Assembly.

“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 bill (A-333), the Department of Community Affairs (DCA) would 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 bill would also offer temporary protections against foreclosure to certain Sandy victims. Under the bill, 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 legislation 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 bill, the 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 bill would also require DCA to publicly report where all funding associated with application denials, wait-list placements, and withdrawals has instead been allocated. The bill would apply 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 bill would require DCA to maintain a RREM appeals process for at least six months following the bill’s effective date. 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.

The bill was approved 63-4-8 and now awaits further consideration by the Senate. 

GREEN'S BILL HEADS TO GOVERNOR!

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Green’s Bill to Extend Building Permits for Counties Hit Hardest by Superstorm Sandy Heads to Governor

(TRENTON) – The Senate granted final approval on Thursday to legislation sponsored by Assemblyman Jerry Green to extend building permits for the nine counties impacted the most by Superstorm Sandy in order to continue aiding rebuilding efforts.

The bill, which was unanimously approved by the Assembly on Monday, now heads to the Governor’s desk.

          “This bill will extend permits which have been granted by state, regional, county, and municipal agencies for an additional year in our counties that were hit hardest by Superstorm Sandy- in order to prevent a waste of public and private resources,” said Green (D-Middlesex/Somerset/Union).  “When permits expire, builders and developers are forced to jump through bureaucratic hoops to re-up them, which impacts financing on the projects, creates headaches and ultimately delays rebuilding.  That’s the last thing we want for the counties that were devastated by Sandy.”

          Specifically, the bill (A-3617) would further extend the “Permit Extension Act of 2008” one additional year in the nine most Superstorm Sandy-impacted counties, as identified by the U.S. Department of Housing and Urban Development, which are Atlantic, Bergen, Cape May, Essex, Hudson, Middlesex, Monmouth, Ocean, and Union counties.  

          The Permit Extension Act of 2008 originally suspended the running of certain government approvals until July 1, 2010.  Subsequent laws extended the extension period to December 31, 2012, December 31, 2014 and December 31, 2015.

          As permit approvals lapse, lenders must re-appraise and thereafter substantially lower real estate valuations established in conjunction with approved projects, thereby requiring the reclassification of numerous loans. This in turn affects the stability of the banking system and reduces the funds available for future lending, thus creating more severe restrictions on credit and leading to a vicious cycle of default.  

ASSEMBLYMEN GREEN'S BILL TO EXTEND BUILDING PERMITS FOR COUNTIES HARDEST HIT BY SANDY GETS APPROVAL!

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June 28, 2016		Majority Press Office 609.847.3500

Assembly Approves Green's Bill to Extend Building Permits for Counties Hit Hardest by Superstorm Sandy

(TRENTON) – The full Assembly on Monday unanimously approved legislation sponsored by Assemblyman Jerry Green to extend building permits for the nine counties impacted the most by Superstorm Sandy in order to continue aiding rebuilding efforts.

          “This bill will extend permits which have been granted by state, regional, county, and municipal agencies for an additional year in our counties that were hit hardest by Superstorm Sandy- in order to prevent a waste of public and private resources,” said Green (D-Middlesex/Somerset/Union).  “When permits expire, builders and developers are forced to jump through bureaucratic hoops to re-up them, which impacts financing on the projects, creates headaches and ultimately delays rebuilding.  That’s the last thing we want for the counties that were devastated by Sandy.”

          Specifically, the bill (A-3617) would further extend the “Permit Extension Act of 2008” one additional year in the nine most Superstorm Sandy-impacted counties, as identified by the U.S. Department of Housing and Urban Development, which are Atlantic, Bergen, Cape May, Essex, Hudson, Middlesex, Monmouth, Ocean, and Union counties.  

          The Permit Extension Act of 2008 originally suspended the running of certain government approvals until July 1, 2010.  Subsequent laws extended the extension period to December 31, 2012, December 31, 2014 and December 31, 2015.

          As permit approvals lapse, lenders must re-appraise and thereafter substantially lower real estate valuations established in conjunction with approved projects, thereby requiring the reclassification of numerous loans. This in turn affects the stability of the banking system and reduces the funds available for future lending, thus creating more severe restrictions on credit and leading to a vicious cycle of default. 

          The bill now awaits consideration by the Senate.

ASSEMBLYMEN GREEN'S BILL TO EXTEND BUILDING PERMITS FOR COUNTIES HIT HARDEST BY SUPERSTORM SANDY RECEIVES PANAL APPROVEL

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June 20, 2016		Majority Press Office 609.847.3500

Assembly Panel Approves Green Bill to Extend Building Permits for Counties Hit Hardest by Superstorm Sandy

(TRENTON) – An Assembly panel on Monday approved legislation sponsored by Assemblyman Jerry Green to extend building permits for the nine counties impacted the most by Superstorm Sandy in order to continue aiding rebuilding efforts.

          “This bill will extend permits which have been granted by state, regional, county, and municipal agencies for an additional year in our counties that were hit hardest by Superstorm Sandy- in order to prevent a waste of public and private resources,” said Green (D-Middlesex/Somerset/Union).  “When permits expire, builders and developers are forced to jump through bureaucratic hoops to re-up them, which impacts financing on the projects, creates headaches and ultimately delays rebuilding.  That’s the last thing we want for the counties that were devastated by Sandy.”

          Specifically, the bill (A-3617) would further extend the “Permit Extension Act of 2008” one additional year in the nine most Superstorm Sandy-impacted counties, as identified by the U.S. Department of Housing and Urban Development, which are Atlantic, Bergen, Cape May, Essex, Hudson, Middlesex, Monmouth, Ocean, and Union counties.  

          The Permit Extension Act of 2008 originally suspended the running of certain government approvals until July 1, 2010.  Subsequent laws extended the extension period to December 31, 2012, December 31, 2014 and December 31, 2015.

          As permit approvals lapse, lenders must re-appraise and thereafter substantially lower real estate valuations established in conjunction with approved projects, thereby requiring the reclassification of numerous loans. This in turn affects the stability of the banking system and reduces the funds available for future lending, thus creating more severe restrictions on credit and leading to a vicious cycle of default. 

          The bill was approved by the Assembly Judiciary Committee.

PYRAMID SCHEME PARTICIPATION CLEARS ASSEMBLY PANEL

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May 16, 2016		Majority Press Office 609.847.3500

Green, Benson & Moriarty Bill to Establish Penalties for Pyramid Scheme Participation Clears Assembly Panel

(TRENTON) – Legislation sponsored by Assembly Democrats Jerry Green, Daniel R. Benson and Paul Moriarty to establish criminal penalties for promoting or participating in a pyramid scheme recently was advanced by an Assembly committee.

            “Pyramid schemes make victims out of vulnerable people who often are just looking for a way to make ends meet,” said Green (D-Middlesex/Somerset/Union). “Individuals who understand that an enterprise is a pyramid scheme and still choose to participate ought to face serious consequences.”

The bill (A-2004) would make it a crime of the second degree, generally punishable by five to ten years’ imprisonment, for a person to conspire with another person as an organizer, supervisor, financier or manager of a pyramid promotional scheme. The bill also would permit the court to impose a fine of up to $250,000.  

Recruiting for a pyramid promotional scheme, or soliciting or inducing another person to participate in a scheme, would be a crime of the fourth degree, generally punishable by up to 18 months’ imprisonment.

Under the bill, a pyramid promotional scheme is defined as “any scheme or course of conduct by which a person gives consideration for the opportunity to receive compensation that is derived primarily from a person’s introduction of another person to participate in the scheme or course of conduct rather than from the sale of a product by a person introduced into the scheme or course of conduct.” 

“New Jersey is the only state in the nation without a statute that clearly categorizes a pyramid scheme as the crime that it is,” said Benson (D-Mercer/Middlesex). “This legislation is a declaration that this kind of deception will not be tolerated as a business model.”

“Outlining a clear definition of, and penalty for, a pyramid scheme in our state will make it easier for prosecutors to identify and file charges against individuals who participate in these scams with malicious intent,” said Moriarty (D-Camden/Gloucester). “Pyramid schemes ruin lives. New Jersey must ensure that those who engage in them face the appropriate punishment.”

            The measure was advanced on Thursday by the Assembly Consumer Affairs Committee, of which Moriarty is chair.

BILL TO CLARIFY LAW CONCERNING HOMEOWNERS ASSOCIATIONS IN PLANNED COMMUNITIES CLEARS ASSEMBLY PANEL

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May 12, 2016		Majority Press Office 609.847.3500

Green & Eustace Bill to Clarify Law Concerning Homeowners Associations in Planned Real Estate Development Clears Assembly Panel

(TRENTON) – Legislation sponsored by Assemblymen Jerry Green and Tim Eustace to modify regulations regarding planned real estate developments and homeowners associations was approved Thursday by the Assembly Housing and Economic Development Committee.

The sponsors cited recent court decisions as the motive for sponsoring the legislation this session and indicated a need for clarification and adjustment to the laws in this area.

“A neighborhood is stronger when neighbors care and are involved. These homeowners have a vested interest in these communities,” said Green (D-Middlesex/Somerset/Union), who chairs the committee. “This bill would help to ensure homeowners remain clear on their investment and have a seat at the table when decisions are made for their communities.”

“It shouldn’t take litigation for homeowners in these communities to know where they stand,” said Eustace (D-Bergen/Passaic). “Making these adjustments to our current laws ensures there is no confusion about what these homeowners are entitled to, and that the governing bodies that oversee these communities do not inadvertently deny these homeowners their rights.”

The bill (A-2027) would make several modifications to the laws which regulate planned real estate developments and the homeowners’ associations formed to manage the commonly-owned property in such communities.

The bill would prohibit the mere titling of common property in the name of the association from being construed as diminishing the ownership interests of unit owners in the common or shared elements and facilities of a planned community.

The bill would also require that common property ownership interest be equal proportionately to the obligation of each unit owner to pay for the maintenance of the common property, and that the sum of the common property interests in the community is not to exceed 100 percent.

The bill also would require membership in the homeowners association to be inherent for a purchaser of a home in such a planned community.

The bill would provide standards for homeowners’ associations concerning access to records and elections of members to the governing boards of associations. The bill would also eliminate closed-meeting working sessions of an association's governing board to reflect the similar law currently applicable to public governing bodies. The bill would also provide a recall procedure which would authorize the removal of elected governing board members.

Lastly, the bill would direct the Commissioner of Community Affairs, which provides oversight to the associations, to distribute guidelines on the election procedures and to promulgate, within 60 days, any rules or regulations that may be necessary to effectuate the provisions.

The bill was approved by the Assembly Housing and Community Development Committee.

CONTINUATION OF FORECLOSURE MEDIATION PROGRAM IS APPROVED BY ASSEMBLY PANEL

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May 12, 2016		Majority Press Office 609.847.3500

Jasey, Green, Holley & Muoio Bill to Ensure Continuation of Foreclosure Mediation Program to Combat NJ’s Ongoing Foreclosure Crisis Approved by Assembly Panel

New Jersey had highest rate of foreclosures in the nation in 2015

 (TRENTON) – Legislation sponsored by Assembly Democrats Mila Jasey, Jerry Green, Jamel Holley and Elizabeth Muoio to codify the state’s Foreclosure Mediation Program into law to help reduce the staggering number of foreclosures in the state and help homeowners keep their homes was released Thursday by the Assembly Housing and Community Development Committee.

The bill (A-1029) would codify the Foreclosure Mediation Program into state law. The program was established in 2009 by the New Jersey Judiciary in response to an alarming increase in residential foreclosures. New Jersey had the highest rate of foreclosures in the nation in 2015.

“Foreclosures not only affect homeowners, but neighborhoods and the state as a whole,” said Jasey (D-Essex/Morris). “Last year we led the country in foreclosures. The mediation services provided by this program can help homeowners avoid foreclosure and reinvigorate our housing market by reducing our dismal foreclosure rates. It is essential that we keep these services going.”

“Foreclosures wreak havoc on families and communities,” said Green (D-Middlesex/Somerset/Union). “This bill would help ensure that the mediation services provided under the program continue to be available to homeowners who are at risk of losing their homes.”

“No homeowner wants to lose their home,” said Holley (D-Union). “Making this program a permanent fixture would ensure that homeowners facing foreclosure will always have an alternative. It would also help chip away at the foreclosure crisis that has loomed over the state for too long.”

“The city of Trenton had the second-highest metro foreclosure rate in the country last year, which makes any attempt at progress even more challenging,” said Muoio (D-Mercer/Hunterdon). “This bill ensures that the program will endure so that homeowners can take advantage of these mediation services, which will not only help homeowners but the municipalities where they live.”

The bill would require that, at the time the homeowner-borrower receives a notice of intention to foreclose, pursuant to section 4 of P.L.1995, c.244 (C.2A:50-56), a homeowner-borrower must receive written notice of the option to participate in the Foreclosure Mediation Program. Upon the filing of a mortgage foreclosure complaint against an eligible property, the homeowner-borrower must again receive written notice of the option to participate in the Foreclosure Mediation Program. The written notice must be available in both English and Spanish.

The bill would authorize eligible homeowners to submit a mediation request, thereby initiating the process of scheduling a mediation session with their lender. Along with the mediation request, the homeowner may have to submit additional information that may be necessary for creating a loan modification, or other agreement, but will not have to pay any fees to participate in the program.

The bill would also create a dedicated, non-lapsing fund within the General Fund to be known as the “Foreclosure Mediation Fund.” The fund would be comprised of receipts equaling $50 from every foreclosure complaint filing fee, along with all fines imposed on lenders for noncompliance with obligations of the mediation program under the bill. Pursuant to R.1:43 of the Rules of Court, foreclosure complaint filing fees have recently increased from $200 to $250. Instead of establishing those fees at $250, this bill would allow the judicial branch to maintain the role of determining foreclosure complaint filing fee levels, so long as $50 of each fee is contributed to the fund.