A5703

An Act concerning training requirements for housing authority officials and amending P.L.1992, c.79.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 45 of P.L.1992, c.79 (C.40A:12A-45) is amended to read as follows:

45. The Commissioner of Community Affairs shall prescribe and enforce standards for the curriculum and administration of a course of study as [he] the commissioner deems appropriate, the object of which shall be to assist members and executive directors of local housing authorities and municipal redevelopment agencies to acquire the knowledge and skills necessary to oversee and administer the operations of [such] the authorities or agencies in accordance with current law and in the best interests of the citizens served by [such] those authorities. The commissioner shall adopt the standards by administrative rule, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

The course shall consist of instruction in the principles of housing and redevelopment, which may include, but not be limited to, construction management and code compliance, financial management and public administration, and [such] any other topics as the commissioner may deem appropriate. The commissioner shall, to the greatest extent possible, cooperate with organizations of housing authority representatives and redevelopment agency representatives, and shall consult with Rutgers, The State University, and other educational institutions in establishing the standards for the curriculum and administration of the course of study, as provided above. The course shall also include information concerning strategies for drug elimination and crime prevention and control and the use of drug elimination funds.

The commissioner, in consultation with Rutgers, The State University, or other educational institutions, shall be required to ensure that the required courses for members and executive directors of housing authorities be offered at night, over weekends, and in the summer months in addition to offering the required courses on weekdays.

The commissioner, in consultation with Rutgers, The State University, and other educational institutions, shall update the course material no less frequently than every three years.

(cf: P.L.2003, c.79, s.2)

2. Section 46 of P.L.1992, c.79 (C.40A:12A-46) is amended to read as follows:

46. a. Any person serving as a member of a housing authority or a redevelopment agency on or after the effective date of the rules adopted pursuant to section 45 of P.L.1992, c.79 (C.40A:12A-45) shall satisfactorily complete the course of study prescribed by the commissioner within [eighteen] 18 months following the date of appointment or July 1, 1997, whichever is later, or shall be deemed to have resigned his position effective at the end of that period of time.

Notwithstanding the provisions of this section, a person serving as a member of a housing authority or redevelopment agency on the effective date of the rules adopted pursuant to section 45 of P.L.1992, c.79 may continue to serve to the end of [his] the appointed term even if the remaining period in that term exceeds [eighteen] 18 months and the member does not satisfactorily complete the prescribed course of study within that time. However, [such a] the member shall not be eligible for reappointment to membership on the housing authority or redevelopment agency until a period of five years has elapsed following the completion of the member's term.

b. Any person serving as the executive director of a housing authority or redevelopment agency on or after the effective date of the rules adopted pursuant to section 45 of P.L.1992, c.79 (C.40A:12A-45) shall satisfactorily complete the course of study prescribed by the commissioner within two years after the effective date of the rules or the effective date of his appointment, whichever is later, or shall be deemed to have resigned his position effective at the end of that period of time.

c. Notwithstanding any provision of law, rule, regulation, or this section to the contrary, any person deemed to have resigned his position pursuant to subsection a. or b. of this section and who has been replaced by another appointee shall have no claim to the appointment.

d. A member or executive director of a housing authority shall be required to complete a certain number of hours of courses, as required pursuant to section 45 of P.L.1992, c.79 (C.40A:12A-45), based on the size of the housing authority where the member or executive director serves as an official, as follows:

(1) a member or executive director of a housing authority responsible for the management or development of no more than 300 housing units shall be required to complete no more than 10 hours of course material annually;

(2) a member or executive director of a housing authority responsible for the management or development of 301 to 900 housing units shall be required to complete no more than 20 hours of course material annually; and

(3) a member or executive director of a housing authority responsible for the management or development of more than 900 housing units shall complete a certain number of hours as determined by the Department of Community Affairs, provided that, a member or executive director of this housing authority complete no less than 20 hours of course material annually.

e. A member or executive director of a housing authority may seek a waiver of the training requirements in subsection d. of this section upon an application in writing to the Department of Community Affairs. Following receipt of an application by a member or executive director of a housing authority, the department shall have 90 days to issue a response to the waiver. If the department fails to respond to the waiver within 90 days, the waiver shall be automatically approved.

(cf: P.L.1997, c.27, s.1)

3. (New section) The Commissioner of Community Affairs, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), including, but not limited to, the number of training hours required for a housing authority responsible for the management or development of more than 900 housing units; updates required to training course material; and application procedures for waivers of the training requirements for a member or executive director of a housing authority.

4. This act shall take effect immediately.

STATEMENT

This bill revises the training requirements for housing authority officials.

The bill requires the Commissioner of Community Affairs (commissioner), in consultation with Rutgers, The State University, and other educational institutions, to ensure that training courses offered for members and executive directors of housing authorities and municipal redevelopment agencies to be offered at night, over weekends, and in the summer months, in addition to offering the required courses on weekdays, to allow for flexibility of completion of the course of study requirements.

The bill additionally requires the commissioner, in consultation with Rutgers, The State University, and other educational institutions, to update the course materials for members and executive directors of housing authorities and municipal redevelopment agencies every three years.

The bill caps the number of hours required for training for a member and executive director based on the size of the housing authority or municipal redevelopment agency. The bill requires: (1) no more than 10 hours of course material annually if a housing authority is responsible for the management or development of up to 300 housing units; (2) no more than 20 hours annually if a housing authority is responsible for the management or development of 301 to 900 housing units; and (3) no less than 20 hours if the housing authority is responsible for 901 or more housing units.

The bill permits a member or executive director of a housing authority to seek a waiver of the training requirements upon an application in writing to the Department of Community Affairs (department). The bill requires the department to issue a response to the waiver within 90 days of receipt of a waiver application. If the department fails to respond to the waiver within 90 days, the waiver becomes automatically approved.

The bill also requires the Commissioner of Community Affairs to adopt rules and regulations to implement the provisions of the bill.