New Jersey Housing and Mortgage Finance Agency

Governor Mikie Sherrill • Lt. Governor Dr. Dale G. Caldwell

New Jersey Housing and Mortgage Finance Agency

Uniform Housing Affordability Controls

Pursuant to P.L. 2024, c.2, NJHMFA amended, proposed, and adopted UHAC regulations twice, first in 2024 through a special adoption process and then again in 2025 through the Administrative Procedures Act, N.J.S.A. 52:14B-1 et seq. The 2024 rules were in effect from December 20, 2024 to November 5, 2025. The 2025 rules took effect on November 6, 2025.

For applicability of the rules: 

  • Any unit that, prior to December 20, 2024, received substantive certification from the now-disbanded COAH, was part of a judgment of compliance from a court of competent jurisdiction, or became subject to a grant agreement or other contract with either the State or a political subdivision thereof, is subject to the version of UHAC in effect at the time of judgement, agreement, or certification with regards to physical unit standards such as bedroom distribution, building standards, and square footage.
  • Any unit that received a compliance certification between December 20, 2024 and November 5, 2025 is subject to the 2024 rules with regards to physical unit standards such as bedroom distribution, building standards, and square footage.
  • Any unit that receives a compliance certification after November 5, 2025 is subject to the current rules with regards to physical unit standards such as bedroom distribution, building standards, and square footage.
  • Please note that all other regulations governing the administration of units, such as marketing and certification procedures, apply to both existing and newly created units.

Current UHAC Regulations (Coming Soon)
Current Understanding UHAC (Coming Soon)

Current Appendices: (Coming Soon)

Appendix A: Mandatory Deed Form for Ownership Units

Appendix B: Mandatory Deed Form for Ownership of 95/5 Restricted Units

Appendix C: Restrictive Covenant Required by N.J.A.C. 5:80-26.6(e)

Appendix D-1: Mandatory Deed Form for Two-Family Affordable Homeownership Unit and Affordable Rental Unit

Appendix D-2: Form of Recapture Mortgage Note for Two-Family Affordable Homeownership Unit and Affordable Rental Unit in Favor of State, Required by N.J.A.C. 5:80-26.6(d)

Appendix D-3: Form of Certificate for Applicants Certified to Two-Family Affordable Housing Home-Ownersip Unit and Affordable Rental Unit, Required by N.J.A.C. 5:80-26.19(d)2

Appendix D-4: Restrictive Covenant for Two-Family Affordable Homeownership Unit and Affordable Rental Unit, Required by N.J.A.C. 5:80-26.6(e)

Appendix E: Mandatory Deed Restriction for Rental Projects

Appendix F-1: Form of Release for Restricted Ownership Units

Appendix F-2: Form of Release for Restricted Rental Units

Appendix G: Form of Note for Payment of Recapture Amount for a 95/5-Restricted Unit

Appendix H: Form of Mortgage Securing Payment of Recapture Amount for a 95/5-Restricted Unit

Appendix I: Form of HAS Municipal Agreement

Appendix J: Form of Certificate for Applicants Certified to Ownership Unit, Required by N.J.A.C. 5:80-26.19(d)2

Appendix K: Form of Certificate for Applicants Certified to Rental Unit, Required by N.J.A.C. 5:80-26.19(d)2

Appendix L: Form of Recapture Mortgage Note in Favor of the State, Required by N.J.A.C. 5:80-26.6(d)

Appendix M: Form of Mortgage Securing Payment of Recapture Note in Favor of the State, Required by N.J.A.C. 5:80-26.6(d)

Appendix N: Form of Recapture Mortgage Note in Favor of Municipality, Required by N.J.A.C. 5:80-26.6(d)

Appendix O: Form of Mortgage Securing Payment of Recapture Note in Favor of Municipality, Required by N.J.A.C. 5:80-26.6(d)

Appendix P-1: Notice of Intent to Construct Affordable Deed-Restricted Ownership Units

Appendix P-2: Notice of Intent to Construct/Rehabilitate Affordable Deed-Restricted Rental Units

Appendix Q: Form of Mortgage Securing Payment of Recapture Note in Favor of the Agency, Required by N.J.A.C. 5:80-26.6(d)

2024 Special Adoption UHAC Regulations (Coming Soon)

2024 Special Adoption Appendices: (Coming Soon)

Appendix A: Mandatory Deed Form for Ownership Units

Appendix B: Mandatory Deed Form for Ownership 95/5 Units

Appendix C: Restrictive Covenant Required by N.J.A.C. 5:80-26.6(d)

Appendix D: Mandatory Deed Form for Ownership Units Subject to Restrictive Covenant Required by N.J.A.C. 5:80-26.6(d)

Appendix E: Mandatory Deed Restriction for Rental Projects

Appendix F: Form of Release (Quitclaim Deed) for Restricted Units

Appendix G: Form of Note for Payment of Recapture Amount for a 95/5 Unit

Appendix H: Form of Mortgage Securing Payment of Recapture Amount for a 95/5 Unit

Appendix I: Form of HAS Municipal Agreement

Appendix J: Form of Certificate for Applicants Certified to Ownership Unit, Required by N.J.A.C. 5:80-19(d)2

Appendix K: Form of Certificate for Applicants Certified to Rental Unit, Required by N.J.A.C. 5:80-26.19(d)2

Appendix L: Form of Recapture Mortgage Note in Favor of State, Required by N.J.A.C. 5:80-26.6(c)

Appendix M: Form of Mortgage Securing Payment of Recapture Note in Favor of the State, Required by N.J.A.C. 5:80-26.6(c)

Appendix N: Form or Recapture Mortgage Note in Favor of Municipality, Required by N.J.A.C. 5:80-26.6(c)

Appendix O: Form of Mortgage Securing Payment of Recapture Note in Favor of the Municipality, Required by N.J.A.C. 5:80-26.6(c)

Appendix P: Form of Recapture Mortgage Note for UHORP and MONI Units, Required by N.J.A.C. 5:80-26.6(c)

Appendix Q: Form of Mortgage Securing Payment of Recapture Note in Favor of the Agency, Required by N.J.A.C. 5:80-26.6(c)

2004 UHAC Regulations
2004 Understanding UHAC

2004 Appendices:

Appendix A: Mandatory Deed Form for Ownership Units

Appendix B: Mandatory Deed Form for Ownership 95/5 Units

Appendix C-1: Restrictive Covenant Required by Section 5:80-26.5(d) - For New Units

Appendix C-2: Restrictive Covenant Required by Section 5:80-26.5(d) - For 95/5 Units

Appendix D: Mandatory Deed Form for Ownership Units Subject to Restrictive Covenant Required by Section 5:80-26.5(d)

Appendix E-1: Mandatory Deed Restriction for State Regulated Rental Projects

Appendix E-2: Mandatory Deed Restriction for Rental Projects

Appendix E-3: Mandatory Deed Restriction for Rehabilitated Rental Projects

Appendix F: Form of Release (Quitclaim Deed) for Restricted Units

Appendix G: Form of Note for Payment of Recapture Amount for a 95/5 Unit

Appendix H: Form of Mortgage Securing Payment of Recapture Amount for a 95/5 Unit

Appendix I: Form of HAS Municipal Agreement

Appendix J: Form of Certificate for Applicants Certified to Ownership Unit, Required by Section 5:80-26.18(c)(2)

Appendix K: Form of Certificate for Applicants Certified to Rental Unit, Required by Section 5:80-26.18(c)(2)

Appendix L: Form of Recapture Mortgage Note in Favor of State, Required by Section 5:80-26.5(c)

Appendix M: Form of Mortgage Securing Payment of Recapture Note in Favor of the State, Required by Section 5:80-26.5(c)

Appendix N: Form of Recapture Mortgage Note in Favor of Municipality, Required by Section 5:80-26.5(c)

Appendix O: Form of Mortgage Securing Payment of Recapture Note in Favor of the Municipality, Required by Section 5:80-26.5(c)

Appendix P: Form of Recapture Mortgage Note for UHORP and MONI Units, Required by Section 5:80-26.5(c)

Appendix Q: Form of Mortgage Securing Payment of Recapture Note in Favor of the Agency, Required by Section 5:80-26.5(c)

UHAC FAQs

What Is UHAC?

N.J.A.C. 5:80-26.1 et seq., a.k.a. the Uniform Housing Affordability Controls (UHAC), governs the administration of many affordable units in New Jersey. These regulations cover the process of pricing, marketing, and selecting occupants for affordable housing. For a plain-English guide to UHAC, consult the “Understanding UHAC” manual above. Regulations adopted in 2024 and 2025, under P.L.2024, c.2 create greater clarity for municipalities and affordable housing practitioners in implementing the statute’s requirements; update affirmative marketing requirements in accordance with modern housing search practices; align certification calculations and processes with other extant affordable housing programs; and modernize the affordability control period extension and expiration processes.

To which affordable units does UHAC apply?

UHAC does apply to units:

  • receiving credit under the state’s Fair Housing Act (including, but not limited to, units in municipalities that have received a compliance certification or are in the process of seeking compliance certification, as that term is defined at N.J.S.A. 52:27D304; that have a court-approved settlement agreement and/or judgment of compliance and repose; that have been or are the subject of exclusionary zoning litigation, including, but not limited to, builder’s remedy litigation; that received credit from the former Council on Affordable Housing); or
  • received funding from the DCA under the Affordable Housing Trust Fund (AHTF), previously known as the Neighborhood Preservation Balanced Housing Program; or the Department’s Federal HOME Investment Partnerships program, 24 CFR Part 92
  • received funding from the Agency under its UHORP, MONI, or CHOICE programs; or with respect to which a municipality or developer contracts with the Agency, HAS, or other experienced administrative agent approved by DCA for the administration of affordability controls pursuant to the Fair Housing Act.

UHAC does not apply to units:

  • qualifying for the Federal Low-Income Housing Tax Credit (LIHTC) under Section 42 of the Internal Revenue Code,
  • units that received Balanced Housing funds under the Agency’s Home Express program
  • units receiving funding from HUD under the Federal HOME Investment Partnerships program, 24 CFR Part 92
  • the National Housing Trust Fund program, 24 CFR Part 93
  • the HUD Section 202 Supportive Housing for the Elderly program, 24 CFR Part 891
  • the HUD Section 811 Supportive Housing for Persons with Disabilities program, 24 CFR Part 891
  • the HUD HOPE VI program; or the Federal Home Loan Bank Affordable Housing Program, 12 CFR Part 1291.

However, newly constructed LIHTC units that receive credit under the Act must be affirmatively marketed by the developer/owner of those units in accordance with N.J.A.C. 5:80-26.16. Transitional housing units are governed by the rules of their sponsoring programs, such as the Recovery Housing Program, authorized by section 8071 of the SUPPORT for Patients and Communities Act, Pub.L. 115-271, § 8071, 132 Stat. 3894 (2018).