Borough of Paulsboro, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Paulsboro as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Borough Administrator — See Ch. 1A.
Chief Financial Officer — See Ch. 22A.
Code Enforcement Officer — See Ch. 22B.
[Adopted 5-6-2008 by Ord. No. 05.08]

§ 44B-1 Purpose.

The purpose of this article is to create the administrative mechanisms needed for the execution of the Borough of Paulsboro's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.

§ 44B-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ADMINISTRATIVE AGENT
The entity responsible for administering the affordability controls of some or all units in the affordable housing program for the Borough of Paulsboro to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.
RCA ADMINISTRATOR
The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Borough of Paulsboro.

§ 44B-3 Establishment of position; compensation; powers and duties.

A. 
Establishment of position of RCA Administrator. There is hereby established the position of RCA Administrator for the Borough of Paulsboro.
B. 
Subject to the approval of the Council on Affordable Housing (COAH), the RCA Administrator shall be appointed by the governing body and may be a full- or part-time employee.
C. 
The RCA Administrator shall be responsible for oversight and administration of the RCA and the RCA affordable housing program for the Borough of Paulsboro, including the following responsibilities which may not be contracted out:
(1) 
Serving as the Borough of Paulsboro's primary point of contact for all RCA inquiries from the state, affordable housing providers, administrative agents, and interested households;
(2) 
Establishing an escrow account for the RCA funds and submitting to COAH a signed escrow agreement between the Borough of Paulsboro, the bank and COAH for each RCA;
(3) 
Monitoring the status of all restricted units in the Borough of Paulsboro's project plan;
(4) 
Compiling, verifying, and submitting semiannual reports as required by COAH;
(5) 
Coordinating meetings with affordable housing providers and administrative agents, as applicable;
(6) 
Attending continuing education opportunities as offered or approved by COAH;
(7) 
If applicable, serving as the administrative agent for some or all of the restricted units in the RCA project(s) in the Borough of Paulsboro as described in Subsection F below.
D. 
Subject to approval by COAH, the Borough of Paulsboro may contract with or authorize a consultant, authority, government or any agency charged by the governing body, which entity shall have the responsibility of administering the affordable housing program of the Borough of Paulsboro, except for those responsibilities which may not be contracted out pursuant to Subsection C above. If the Borough of Paulsboro contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and affirmative marketing plan, the RCA Administrator shall supervise the contracting administrative agent.
E. 
Compensation, if any, shall be fixed by the governing body at the time of the appointment of the RCA Administrator.
F. 
Administrative powers and duties assigned to the RCA Administrator.
(1) 
Affirmative marketing:
(a) 
Conducting an outreach process to insure affirmative marketing of affordable housing units in accordance with the affirmative marketing plan of the Borough of Paulsboro and the provisions of N.J.A.C. 5:80-26.15; and
(b) 
Providing counseling or contracting to provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
(2) 
Household certification:
(a) 
Soliciting, scheduling, conducting and following up on interviews with interested households;
(b) 
Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;
(c) 
Providing written notification to each applicant as to the determination of eligibility or noneligibility;
(d) 
Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendices J and K of N.J.A.C. 5:80-26.1 et seq.;
(e) 
Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located; and
(f) 
Employing the random selection process as provided in the affirmative marketing plan of the Borough of Paulsboro when referring households for certification to affordable units.
(3) 
Affordability controls:
(a) 
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;
(b) 
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;
(c) 
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the appropriate county's register of deeds or county clerk's office after the termination of the affordability controls for each restricted unit;
(d) 
Communicating with lenders regarding foreclosures; and
(e) 
Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
(4) 
Resale and rental:
(a) 
Instituting and maintaining an effective means of communicating information between owners and the administrative agent regarding the availability of restricted units for resale or rental; and
(b) 
Instituting and maintaining an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or re-rental.
(5) 
Processing request from unit owners:
(a) 
Reviewing and approving requests from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership.
(b) 
Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the cost of central air-conditioning systems; and
(c) 
Processing requests and making determinations on requests by owners of restricted units for hardship waivers.
(6) 
Enforcement:
(a) 
Securing annually lists of all affordable housing units for which tax bills are mailed to absentee owners and notifying all such owners that they must either move back to their unit or sell it;
(b) 
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;
(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;
(d) 
Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;
(e) 
Establishing a program for diverting unlawful rent payments to the municipality's affordable housing trust fund or other appropriate municipal fund approved by the DCA;
(f) 
Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls; and
(g) 
Providing reports to COAH as required.
(7) 
The administrative agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder:
(a) 
Providing case management services for the income-qualified household selected to participate in the program. These case management services include:
[1] 
Preparing the work write-up for each rehabilitated unit;
[2] 
Preparing the bid package for the rehabilitation work;
[3] 
Coordinating the advertising process and receiving the bids for the work;
[4] 
Reviewing the bid responses;
[5] 
Recommending the award to the lowest responsible bidder;
[6] 
Preparing the rehabilitation contract and ensuring the document is executed by both the homeowner and contractor;
[7] 
Issuing the notice to proceed;
[8] 
Inspecting and approving the work of the selected contractor;
[9] 
Ensuring the file contains all required documents related to the rehabilitation, which includes, but is not limited to:
[a] 
Certification that the unit is substandard/in need of rehabilitation;
[b] 
Bid announcement;
[c] 
Bid responses;
[d] 
Bid spreadsheet;
[e] 
Project work write-up;
[f] 
Household's approval of work write-up;
[g] 
Household's approval of selected contractor;
[h] 
Contract of selected rehabilitation contractor(s);
[i] 
Order to proceed;
[j] 
Inspection reports;
[k] 
Requisitions for payment;
[l] 
Release of liens;
[10] 
Final approval of:
[a] 
Household;
[b] 
Code Official;
[c] 
Rehabilitation Specialist;
[11] 
Project photographs:
[a] 
Before;
[b] 
After;
[12] 
Reviewing the household's file to ensure that it is complete and contains all the required information to ensure that the household is income eligible;
[13] 
Answering questions of the participating household;
[14] 
Following up with the contractor and inspector as necessary;
[15] 
Assisting the household in receiving the required final approvals to release final payment to the contractor; and
(b) 
Providing post case management services to households that have completed the rehabilitation process, which includes:
[1] 
Instituting and maintaining an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or re-rental;
[2] 
Reviewing and approving requests from households of restricted units who wish to take out home equity loans or refinance during the term of their occupancy;
[3] 
Processing requests and making determinations on requests by households of restricted units for hardship waivers;
[4] 
Communicating with lenders regarding foreclosures;
[5] 
Notifying the municipality of a household's intent to sell a restricted unit; and
[6] 
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the appropriate county's register of deeds or county clerk's office after the termination of the affordability controls in this article for each restricted unit.
(c) 
Additional duties include the following:
[1] 
Conducting an outreach process to insure affirmative marketing of affordable housing units in accordance with the provisions of N.J.A.C. 5:80-26.15;
[2] 
Soliciting, scheduling, conducting and following up on interviews with interested households;
[3] 
Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;
[4] 
Providing written notification to each applicant as to the determination of eligibility or noneligibility;
[5] 
Creating and maintaining a referral list of eligible applicant households living in the COAH region and eligible applicant households with members working in the COAH region where the units are located (for rental units only);
[6] 
Employing a random selection process when referring households for certification to affordable units (for rental units only);
[7] 
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;
[8] 
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate; and
[9] 
Instituting and maintaining an effective means of communicating information between households and the administrative agent regarding the availability of restricted units for resale or rental.
[Added 5-5-2015 by Ord. No. 03.15]

§ 44B-4 Position abolished.

The position of Treasurer shall and is hereby abolished.

§ 44B-5 Salary ordinance.

The Borough of Paulsboro Salary Ordinance shall be amended to reflect this change and include the salary paid for Treasurer from January 1 through the date in which said position is abolished.