Township of Pemberton, NJ Requirements and Regulations

Affordable housing obligation.

This section is intended to assure that very-low-, low- and moderate-income units ("affordable units") are created with controls on affordability over time and that very-low-, low- and moderate-income households shall occupy these units. This section shall apply except where inconsistent with applicable law.

(2)

The Township of Pemberton Planning Board has adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq. The Fair Share Plan has been endorsed by the governing body. The Fair Share Plan describes the ways the Township of Pemberton shall address its fair share for very-low-, low- and moderate-income housing as determined by the Settlement Agreement between the Township and Fair Share Housing Center ("FSHC"), and approved by the Court and reflected in the Housing Element.

(3)

This section implements and incorporates the Fair Share Plan and addresses the requirements of N.J.A.C. 5:93 and 5:97, as may be amended and supplemented.

(4)

On the first anniversary of the execution of the Settlement Agreement, and every anniversary thereafter through the end of the term of the Settlement Agreement, Pemberton shall provide annual monitoring including (i) an annual report of trust fund activity, and (ii) an annual report of the status of all affordable housing activity, including its rehabilitation program, within the municipality and shall post such annual reports on its municipal website, with a copy provided to FSHC;

(5)

For the midpoint realistic opportunity review required pursuant to N.J.S.A. 52:27D-313, Pemberton shall post on its municipal website, with a copy provided to FSHC and other regional affordable housing advocacy groups as set forth within the Settlement Agreement, a status report as to its implementation of its Housing Element and Fair Share Plan and an analysis of means to exceed its rehabilitation obligation of 10 units.

Definitions. The following terms when used in this section shall have the meanings given in this section:

ACCESSORY APARTMENT

A self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site.

ACT

The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).

ADAPTABLE

Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.

ADMINISTRATIVE AGENT

The entity responsible for the administration of affordable units in accordance with this section, N.J.A.C. 5:93, 5:96, 5:97 and 5:80-26.1 et seq. as designated by the Township of Pemberton, or in the absence of such appointment by the Township, as appointed by the developer, sponsor, or owner of affordable housing.

AFFIRMATIVE MARKETING

A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.

AFFORDABILITY AVERAGE

The average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.

AFFORDABLE

A sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C 5:93-7.4 and N.J.A.C. 5:97-9; in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.

AFFORDABLE DEVELOPMENT

A housing development, all or a portion of which consists of restricted units.

AFFORDABLE HOUSING DEVELOPMENT

A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development.

AFFORDABLE HOUSING PROGRAM

Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.

AFFORDABLE UNIT

A housing unit proposed or created pursuant to the Act, credited pursuant to N.J.A.C. 5:93, and/or funded through an affordable housing trust fund.

AGE-RESTRICTED UNIT

A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that:

(1)

All the residents of the development where the unit is situated are 62 years or older; or

(2)

At least 80% of the units are occupied by one person that is 55 years or older; or

(3)

The development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.

AGENCY

The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).

ASSISTED LIVING RESIDENCE

A facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.

CERTIFIED HOUSEHOLD

A household that has been certified by an administrative agent as a low-income household or moderate-income household.

COAH

The Council on Affordable Housing, which is in, but not of, the Department of Community Affairs of the State of New Jersey, that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).

DCA

The State of New Jersey Department of Community Affairs.

DEFICIENT HOUSING UNIT

A housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, air conditioning, electricity, sanitary plumbing (including septic systems), lead paint abatement or the need for other lead related safety measures, and/or load-bearing structural systems.

DEVELOPER

Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.

INCLUSIONARY DEVELOPMENT

A development containing both affordable units and market rate units. This term includes, but is not necessarily limited to, new construction, the conversion of a nonresidential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure.

LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 50% or less of the median household income.

LOW-INCOME UNIT

A restricted unit that is affordable to a low-income household.

MAJOR SYSTEM

The primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include but are not limited to weatherization, roofing, plumbing (including wells), heating, air conditioning, electricity, sanitary plumbing (including septic systems), lead paint abatement or the need for other lead related safety measures, or load-bearing structural systems.

MARKET-RATE UNITS

Housing not restricted to low- and moderate-income households that may sell or rent at any price.

MEDIAN INCOME

The median income by household size for the applicable county, as adopted annually by the most recently published regional weighted average of the uncapped Section 8 income limits published by HUD and by the Superior Court.

MODERATE-INCOME HOUSEHOLD

A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.

MODERATE-INCOME UNIT

A restricted unit that is affordable to a moderate-income household.

NONEXEMPT SALE

Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a Class A beneficiary and the transfer of ownership by court order.

RANDOM SELECTION PROCESS

A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).

REGIONAL ASSET LIMIT

The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by the most recently published regional weighted average of the uncapped Section 8 income limits published by HUD and by the Superior Court.

REHABILITATION

The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.

RENT

The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.

RESTRICTED UNIT

A dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.

UHAC

The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.

VERY-LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 30% or less of the median household income.

VERY-LOW-INCOME UNIT

A restricted unit that is affordable to a very-low-income household.

WEATHERIZATION

Building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for rehabilitation.

Affordable housing programs. The Township of Pemberton has determined that it will use the following mechanisms to satisfy its affordable housing obligations:

(1)

Rehabilitation program.

(a)

The Township of Pemberton rehabilitation program shall be designed to renovate deficient housing units occupied by very-low-, low- and moderate-income households such that, after rehabilitation, these units will comply with the New Jersey State Housing Code pursuant to N.J.A.C. 5:28.

(b)

Both owner-occupied and renter-occupied units shall be eligible for rehabilitation funds. The Township may administer its own rehabilitation program, also known as a home improvement program, and the Township may also participate in Burlington County's housing rehabilitation program.

(c)

All rehabilitated units shall remain affordable to very-low-, low- and moderate-income households for a period of 10 years (the control period). For owner-occupied units, the control period will be enforced with a lien and for renter-occupied units the control period will be enforced with a deed restriction.

(d)

The Township of Pemberton shall dedicate an average of $10,000 or more per unit for the units rehabilitated through this program, reflecting the minimum hard cost of rehabilitation for each unit.

(e)

The Township of Pemberton shall designate one or more administrative agents to administer the rehabilitation program in accordance with N.J.A.C. 5:93, 5:96 and 5:97 and N.J.A.C. 5:80-26.1 et seq. The administrative agent(s) shall provide a rehabilitation manual for the owner occupancy and the rental occupancy rehabilitation program to be adopted by resolution of the governing body. The rehabilitation manual shall be available for public inspection in the office of the municipal clerk and in the office(s) of the administrative agent(s).

(f)

Units in a rehabilitation program shall be exempt from N.J.A.C. 5:97-9 and Uniform Housing Affordability Controls (UHAC), but shall be administered in accordance with the following:

[1]

If a unit is vacant, upon initial rental subsequent to rehabilitation, or if a renter-occupied unit is re-rented prior to the end of controls on affordability, the deed restriction shall require the unit to be rented to a low- or moderate-income household at an affordable rent and affirmatively marketed pursuant to N.J.A.C. 5:97-9 and UHAC.

[2]

If a unit is renter-occupied, upon completion of the rehabilitation, the maximum rate of rent shall be the lesser of the current rent or the maximum permitted rent pursuant to N.J.A.C. 5:97-9 and UHAC.

[3]

Rents in rehabilitated units may increase annually based on the standards in N.J.A.C. 5:97-9.

[4]

Applicant and/or tenant households shall be certified as income eligible in accordance with N.J.A.C. 5:97-9 and UHAC, except that households in owner-occupied units shall be exempt from the regional asset.

(2)

Inclusionary zoning.

(a)

Phasing. In inclusionary developments the following schedule shall be followed:

Maximum Percentage of Market-Rate Units Completed	Minimum Percentage of Low- and Moderate-Income Units Completed
25	0
25+1	10
50	50
75	75
90	100

(b)

Design. In inclusionary developments, to the extent possible, very-low-, low- and moderate-income units shall be integrated with the market units.

(c)

Utilities. Affordable units shall utilize the same type of heating source as market units within the affordable development.

(3)

Payments in lieu.

(a)

The standards for the collection of payments in lieu of constructing affordable units shall be in accordance with COAH's rules at N.J.A.C. 5:97-6.4.

(b)

Payments in lieu of constructing affordable units shall only be permitted if:

[1]

The Township wishes to use payments in lieu to address a fractional affordable housing unit; or

[2]

No payment in lieu of construction shall be acceptable unless said payment is directed towards an approved municipally sponsored 100% affordable project, and the developer at the time of application can demonstrate that the payment in lieu will create an equivalent number of affordable units of the same type and meeting the same bedroom distribution and very-low income/low income/moderate income split that would be required on site, which units are otherwise consistent with the terms of the Settlement Agreement; and the units can be constructed on a schedule consistent with what would be required by N.J.A.C. 5:93-5.6(d) for on-site units.

(c)

The amount of the payments in lieu shall be either the actual off-site project construction costs, less the anticipated proceeds from the sale of the off-site unit or the capitalization of rental income, presented to and approved by the Board or Township, or shall be set by order of the court having jurisdiction over the affordable housing obligations of the Township. Where no actual off-site unit or where no such actual off-site project construction costs have been presented to the Board and no court order exists, the presumptive payment in lieu shall be $200,000 per unit.

(d)

The affordable housing requirement shall not be rounded.

New construction. For inclusionary projects located outside a redevelopment area, affordable units that are to be offered for sale shall have a minimum set-aside of 20% of the total number of units, and affordable units that are to be offered for rent shall have a minimum set-aside of 15% of the total number of units. Affordable housing set-aside requirements for for-sale and rental units that are to be offered in inclusionary projects located within a redevelopment area shall be negotiated between Pemberton Township and the developers of these inclusionary projects in order to realize economic viability of the projects. The following general guidelines apply to all newly constructed developments that contain very-low-, low- and moderate-income housing units, including any currently unanticipated future developments that will provide very-low-, low- and moderate-income units:

(1)

Low/moderate split and bedroom distribution of affordable housing units:

(a)

The fair share obligation shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit.

(b)

In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units. Thirteen percent of all affordable units shall be very-low-income units. The very-low-income units shall count as a portion of the share of low-income units.

(c)

Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:

[1]

The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total affordable units;

[2]

At least 30% of all affordable units shall be two-bedroom units;

[3]

At least 20% of all affordable units shall be three-bedroom units; and

[4]

The remaining units may be allocated among two- and three- bedroom units at the discretion of the developer.

(2)

Accessibility requirements.

(a)

The first floor of all restricted townhouse dwelling units and all restricted units in all other multistory buildings shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7 and 5:97-3.14.

(b)

All restricted townhouse dwelling units and all restricted units in other multistory buildings in which a restricted dwelling unit is attached to at least one other dwelling unit shall have the following features:

[1]

An adaptable toilet and bathing facility on the first floor;

[2]

An adaptable kitchen on the first floor;

[3]

An interior accessible route of travel on the first floor;

[4]

An interior accessible route of travel shall not be required between stories within an individual unit;

[5]

An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and

[6]

An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7 and 5:97-3.14, or evidence that the Township of Pemberton has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:

[a]

Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.

[b]

To this end, the builder of restricted units shall deposit funds within the Township of Pemberton Affordable Housing Trust Fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.

[c]

The funds deposited under Subsection D(2)(b)[6][b] above shall be used by the Township of Pemberton for the sole purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.

[d]

The developer of the restricted units shall submit a design plan and cost estimate for the conversion from adaptable to accessible entrances to the Construction Official of the Township of Pemberton.

[e]

Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meets the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7 and 5:97-3.14, and that the cost estimate of such conversion is reasonable, payment shall be made to the Township of Pemberton Affordable Housing Trust Fund in care of the Municipal Treasurer who shall ensure that the funds are deposited into the Affordable Housing Trust Fund and appropriately earmarked.

[f]

Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is site impracticable to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7 and 5:97-3.14.

(3)

Maximum rents and sales prices.

(a)

In establishing rents and sales prices of affordable housing units, the administrative agent shall follow the procedures set forth in UHAC and utilizing the regional income limits established by the most recently published regional weighted average of the uncapped Section 8 income limits published by HUD. Regional income limits established by the most recently published regional weighted average of the uncapped Section 8 income limits published by HUD as provided by either the Affordable Housing Professionals of New Jersey or a State agency that assumes the responsibility for generating the regional income limits may be utilized for the purposes of Affordable Housing Administration in Pemberton Township.

(b)

The maximum rent for restricted-rental units within each affordable development shall be affordable to households earning no more than 60% of median income, and the average rent for restricted very-low, low- and moderate-income units shall be affordable to households earning no more than 52% of median income.

(c)

The developers and/or municipal sponsors of restricted-rental units shall establish at least one rent for each bedroom type for very-low-, low-income and moderate-income units.

[1]

At least 13% of all low- and moderate-income rental units shall be affordable to households earning no more than 30% of median income.

(d)

The maximum sales price of restricted-ownership units within each affordable development shall be affordable to households earning no more than 70% of median income, and each affordable development must achieve an affordability average of 55% for restricted-ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income-ownership units must be available for at least two different prices for each bedroom type.

(e)

In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units other than assisted living facilities, the following standards shall be used:

[1]

A studio shall be affordable to a one-person household;

[2]

A one-bedroom unit shall be affordable to a one-and-one-half-person household;

[3]

A two-bedroom unit shall be affordable to a three-person household;

[4]

A three-bedroom unit shall be affordable to a four-and-one-half-person household; and

[5]

A four-bedroom unit shall be affordable to a six-person household.

(f)

In determining the initial rents for compliance with the affordability average requirements for restricted units in assisted living facilities, the following standards shall be used:

[1]

A studio shall be affordable to a one-person household;

[2]

A one-bedroom unit shall be affordable to a one-and-one-half-person household; and

[3]

A two-bedroom unit shall be affordable to a two-person household or to two one-person households.

(g)

The initial purchase price for all restricted-ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 28% of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.

(h)

The initial rent for a restricted-rental unit shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate household size as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80- 26.3, as may be amended and supplemented.

(i)

The price of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price.

(j)

The rent of low- and moderate-income units may be increased annually based on the percentage increase in the Housing Consumer Price Index for the United States. This increase shall not exceed 9% in any one year. Rents for units constructed pursuant to low-income housing tax credit regulations shall be indexed pursuant to the regulations governing low-income housing tax credits.

(k)

Utilities. Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance approved by HUD for its Section 8 program.

The following general guidelines apply to all developments that contain very- low-, low- and moderate-income housing units, including any currently unanticipated future developments that will provide low- and moderate-income housing units:

(1)

Affirmative marketing requirements.

(a)

The Township of Pemberton shall adopt by resolution an affirmative marketing plan, compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented.

(b)

The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age, or number of children, to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The affirmative marketing plan is also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward Housing Region 5 and covers the period of deed restriction.

(c)

The affirmative marketing plan shall provide a regional preference for all households that live and/or work in Housing Region 5 comprised of Burlington, Camden, and Gloucester Counties.

(d)

An administrative agent designated by the Township of Pemberton, or as appointed by the developer, sponsor, or owner of affordable housing as it pertains to individual affordable housing projects, shall assure the affirmative marketing of all affordable units is consistent with the affirmative marketing plan for the municipality.

(e)

In implementing the affirmative marketing plan, the administrative agent shall provide a list of counseling services to very-low-, low- and moderate-income applicants on subjects such as budgeting, credit, issues, mortgage qualification, rental lease requirements, and landlord/tenant law.

(f)

The affirmative marketing process for available affordable units shall begin at least four months prior to the expected date of occupancy.

(g)

The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner, unless otherwise determined or agreed to by the Township of Pemberton.

(2)

Occupancy standards.

(a)

In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the administrative agent shall strive to provide an occupant for each bedroom;

(b)

Additional provisions related to occupancy standards (if any) shall be provided in the municipal operating manual.

(3)

Control periods for restricted-ownership units and enforcement mechanisms.

(a)

Control periods for restricted-ownership units shall be in accordance with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each restricted-ownership unit shall remain subject to the requirements of this section until the Township of Pemberton elects to release the unit from such requirements, however, and prior to such an election, a restricted-ownership unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented, for at least 30 years.

(b)

The affordability control period for a restricted-ownership unit shall commence on the date the initial certified household takes title to the unit.

(c)

Prior to the issuance of the initial certificate of occupancy for a restricted-ownership unit and upon each successive sale during the period of restricted ownership, the administrative agent shall determine the restricted price for the unit and shall also determine the nonrestricted, fair-market value of the unit based on either an appraisal or the unit's equalized assessed value.

(4)

Price restrictions for restricted-ownership units, homeowner association fees and resale prices. Price restrictions for restricted-ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:

(a)

The initial purchase price for a restricted-ownership unit shall be approved by the administrative agent.

(b)

The administrative agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.

(c)

The method used to determine the condominium association fee amounts and special assessments shall be indistinguishable between the low- and moderate-income-unit owners and the market-unit owners.

(d)

The owners of restricted-ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom.

(5)

Buyer income eligibility.

(a)

Buyer income eligibility for restricted-ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, such that low-income-ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income and moderate-income-ownership units shall be reserved for households with a gross household income less than 80% of median income.

(b)

The administrative agent shall certify a household as eligible for a restricted-ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 33% of the household's certified monthly income.

(6)

Limitations on indebtedness secured by ownership unit; subordination.

(a)

Prior to incurring any indebtedness to be secured by a restricted-ownership unit, the administrative agent shall determine in writing that the proposed indebtedness complies with the provisions of this section.

(b)

With the exception of original purchase money mortgages, during a control period neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted-ownership unit to exceed 95% of the maximum allowable resale price of that unit, as such price is determined by the administrative agent in accordance with N.J.A.C. 5:80-26.6(b).

(7)

Control periods for restricted-rental units.

(a)

Control periods for restricted-rental units shall be in accordance with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and each restricted-rental unit shall remain subject to the requirements of this section until the Township of Pemberton elects to release the unit from such requirements pursuant to action taken in compliance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, and prior to such an election, a restricted-rental unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented, for at least 30 years.

(b)

Deeds of all real property that include restricted-rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the records office of the County of Burlington. A copy of the filed document shall be provided to the administrative agent within 30 days of the receipt of a certificate of occupancy.

(c)

A restricted-rental unit shall remain subject to the affordability controls of this section, despite the occurrence of any of the following events:

[1]

Sublease or assignment of the lease of the unit;

[2]

Sale or other voluntary transfer of the ownership of the unit; or

[3]

The entry and enforcement of any judgment of foreclosure.

(8)

Price restrictions for rental units; leases.

(a)

A written lease shall be required for all restricted-rental units, except for units in an assisted living residence, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted-rental unit shall be provided to the administrative agent.

(b)

No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the administrative agent.

(c)

Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit and shall be payable to the administrative agent to be applied to the costs of administering the controls applicable to the unit as set forth in this section.

(9)

Tenant income eligibility.

(a)

Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined as follows:

[1]

Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of median income.

[2]

Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income.

[3]

Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income.

(b)

The administrative agent shall certify a household as eligible for a restricted-rental unit when the household is a very-low-income, low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the households eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:

[1]

The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;

[2]

The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;

[3]

The household is currently in substandard or overcrowded living conditions;

[4]

The household documents the existence of assets with which the household proposes to supplement the rent payments; or

[5]

The household documents proposed third-party assistance from an outside source such as a family member in a form acceptable to the administrative agent and the owner of the unit.

(c)

The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection E(9)(b)[1] through [5] above with the administrative agent, who shall counsel the household on budgeting.

Administration.

(1)

The position of Municipal Housing Liaison (MHL) for the Township of Pemberton is established by this section. The Township Council shall make the actual appointment of the MHL by means of a resolution.

(a)

The MHL must be either a full-time or part-time employee of Township of Pemberton.

(b)

The MHL must meet all applicable requirements for qualifications, including initial and periodic training.

(c)

The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Township of Pemberton, including the following responsibilities:

[1]

Serving as the municipality's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents and interested households;

[2]

The implementation of the affirmative marketing plan and affordability controls;

[3]

When applicable, supervising any contracting administrative agent;

[4]

Monitoring the status of all restricted units in the Township of Pemberton Fair Share Plan;

[5]

Compiling, verifying and submitting annual reports in accordance with the Settlement Agreement;

[6]

Coordinating meetings with affordable housing providers and administrative agents, as applicable; and

[7]

Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing.

(2)

The Township of Pemberton shall designate by resolution of the Township Council one or more administrative agents to administer newly constructed affordable units in accordance with N.J.A.C. 5:93, 5:96, 5:97 and UHAC.

(3)

An operating manual shall be provided by the administrative agent(s) to be adopted by resolution of the governing body. The operating manuals shall be available for public inspection in the office of the Municipal Clerk and in the office(s) of the administrative agent(s).

(4)

The administrative agent shall perform the duties and responsibilities of an administrative agent as are set forth in UHAC and which are described in full detail in the operating manual, including those set forth in N.J.A.C. 5:80-26.14, 5:80-26.16 and 5:80-26.18 thereof, which includes:

(a)

Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing;

(b)

Affirmative marketing;

(c)

Household certification;

(d)

Affordability controls;

(e)

Records retention;

(f)

Resale and re-rental;

(g)

Processing requests from unit owners; and

(h)

Enforcement, though the ultimate responsibility for retaining controls on the units rests with the municipality.

(i)

The administrative agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.

Enforcement of affordable housing regulations.

(1)

Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.

(2)

After providing written notice of a violation to an owner, developer or tenant of a low- or moderate-income unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:

(a)

The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the owner, developer or tenant is found by the court to have violated any provision of the regulations governing affordable housing units, the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the court:

[1]

A fine of not more than $1,000 or imprisonment for a period not to exceed 90 days, or both. Each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense;

[2]

In the case of an owner who has rented his or her very-low-, low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Township of Pemberton Affordable Housing Trust Fund of the gross amount of rent illegally collected;

[3]

In the case of an owner who has rented his or her very-low-, low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the court.

(b)

The municipality may file a court action in the Superior Court seeking a judgment, which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low- and moderate-income unit.

(3)

Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the very-low-, low- and moderate-income unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.

(4)

The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for and to the extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality.

(5)

Foreclosure by the municipality due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.

(6)

If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the municipality may acquire title to the low- and moderate-income unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.

(7)

Failure of the very-low-, low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the very-low-, low- and moderate-income unit as permitted by the regulations governing affordable housing units.

(8)

The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.

Affirmative marketing plan. The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by a developer/sponsor, municipality and/or designated administrative agency of affordable housing. The plan will address the requirements of N.J.A.C. 5:96 et seq. In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing based on actual or perceived race, religion, national origin, gender, sexual orientation, gender identity or expression, disability, age, familial status/size, and other protected characteristics. The Township of Pemberton is in the housing region consisting of Burlington, Camden, and Gloucester Counties. The affirmative marketing program is a continuing program and will meet the following requirements:

(1)

All newspaper articles, announcements and requests for applications for low- and moderate-income units will appear in the Courier-Post.

(2)

The primary marketing will take the form of at least one press release sent to the above publication and a paid display advertisement in the above publication. Additional advertising and publicity will be in accordance with the adopted affirmative marketing plan. The advertisement will include the:

(a)

Street address;

(b)

Direction to housing units;

(c)

Number of bedrooms per unit;

(d)

Range of selling prices/rents;

(e)

Size of units;

(f)

Household income limits; and

(g)

Location of applications including business hours and where/how applications may be obtained.

(3)

All newspaper articles, announcements and requests for applications for low- and moderate-income housing shall appear in the Courier-Post, and shall also appear on either a television station or radio station that covers Housing Region 5.

(4)

The following is the location of applications, brochure(s), sign(s), and/or poster(s) used as part of the affirmative marketing program including specific employment centers within the region:

(a)

Municipal building.

(b)

Municipal library.

(c)

Developer's sales/rental office on site.

(d)

Senior center.

(e)

At least one county library or county administration building in each of the following counties: Burlington, Camden, and Gloucester Counties.

(5)

The following is a list of community organization(s) that will aid in the affirmative marketing program with particular emphasis on contacts that will reach out to groups that are least likely to apply for housing within the region: County Offices on Aging in Burlington, Camden, and Gloucester Counties, Fair Share Housing Center, Fair Share Housing Development, Camden County NAACP, Willingboro NAACP, Southern Burlington County NAACP, The Latino Action Network, Burlington County Community Action Program, and the Supportive Housing Association.

(6)

The following is a description of the random selection method that will be used to select occupants of low- and moderate-income housing: there will be a period in which to complete and submit applications. The names of households that have completed applications in that time frame and who are income eligible will be randomly selected to see the apartments. Each landlord will select the renter for his/her unit from the eligible list of applicants provided by the housing administrator.

(7)

Pemberton is ultimately responsible for administering the affirmative marketing program. Pemberton has delegated this responsibility to an administrative agent to be appointed on an annual basis which will income qualify low-, and moderate-income households; place income-eligible households in very-low-, low- and moderate-income units upon initial occupancy; provide for the initial occupancy of very-low-, low- and moderate-income units with income-qualified households; continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls; assist with advertising and outreach to low- and moderate-income households if in contract; and enforce the terms of the deed restriction and mortgage loan as per the Uniform Housing Affordability Controls (UHAC).

(8)

The administrative agent will refer applicants to qualified agencies for counseling services to very-low-, low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, responsibilities of home ownership, rental lease requirements and landlord/tenant law. Applications will be mailed to prospective applicants upon request.

(9)

Households who live or work in Housing Region 3 may be given preference for rental units constructed within that housing region. Applicants living outside the housing region will have an equal opportunity for units after regional applicants have been initially serviced. Pemberton intends to comply with UHAC.

(10)

Developers of low- and moderate-income housing units may assist in the marketing of the affordable units in their respective developments if so designated by Pemberton.

(11)

The marketing program will commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program will continue until all low- and moderate-income housing units are initially occupied and for as long as affordable units are deed restricted and occupancy or re-occupancy of units continues to be necessary.

(12)

Pemberton will comply with monitoring and reporting requirements as follows:

(a)

(b)

Enforcement of affordable housing regulations.

(1)

By accepting state funds for affordable housing purposes, or by submitting to the jurisdiction of the Superior Court of New Jersey, a municipality shall be deemed to have delegated to its administrative agent the day-to-day responsibility for implementing practices and procedures designed to ensure effective compliance with the controls set forth in this section. The municipality, however, shall retain the ultimate responsibility for ensuring effective compliance with this section.

(2)

Administrative agent practices and procedures shall include, but shall not necessarily be limited to, the following:

(a)

Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the administrative agent.

(b)

Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates.

(c)

The posting annually in all rental properties, including two-family homes, of a notice as to the maximum permitted rent together with the telephone number of the administrative agent where complaints of excess rent can be made.

(3)

If the unit is owner-occupied, the unit may be resold only to a household that has been approved in advance and in writing by the administrative agent.

(4)

No sale of the unit shall be lawful, unless approved in advance and in writing by the administrative agent, and no sale shall be for a consideration greater than regulated maximum permitted resale price, as determined by the administrative agent.

(5)

No refinancing, equity loan, secured letter of credit, or any other mortgage obligation or other debt secured by the unit may be incurred except as approved in advance and in writing by the administrative agent, and at no time will the administrative agent approve any debt, if incurring the debt would make the total of all such debt exceed 95% of the then applicable maximum permitted resale price.

(6)

The owner of the unit shall at all times maintain the unit as his or her principal place of residence, which shall be defined as residing at the unit at least 260 days out of each calendar year.

(7)

Except as set forth in N.J.A.C. 5:80-26.18(c)4vii, at no time shall the owner of the unit lease or rent the unit to any person or persons, except on a short-term hardship basis, as approved in advance and in writing by the administrative agent.

(8)

The maximum permitted rent chargeable to affordable tenants is as stated in the notice required to be posted in accordance with N.J.A.C. 5:80-26.18(d)3 of this section, a copy of which shall be enclosed, and copies of all leases for affordable rental units must be submitted annually to the administrative agent.

(9)

Banks and other lending institutions are prohibited from issuing any loan secured by owner-occupied real property subject to the affordability controls set forth in this section, if such loan would be in excess of amounts permitted by the restriction documents recorded in the deed or mortgage book in the county in which the property is located.

Appeals. Appeals from all decisions of an administrative agent designated pursuant to this section shall be filed in writing with the New Jersey Housing and Mortgage Finance Agency (NJHMFA). NJHMFA shall have 15 days to render a written decision of an appeal, which shall be considered to be final.