City of Clifton, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the City of Clifton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Apartment rental businesses — See Ch. 145.
Heating of buildings — See Ch. 269.
Housing standards — See Ch. 273.
Illegal occupancies and conversions — See Ch. 283.
Rent control — See Ch. 363.
Protected tenancies — See Ch. 417.
Affordable housing regulations — See Ch. 461, § 461-24.2.
[Adopted 11-6-1989 by Ord. No. 5377-89[1]]
[1]
Editor's Note: This ordinance also superseded former Ch. 7, Affordable Housing Agency, adopted 10-3-1989 by resolution. See § 7-5.

§ 7-1 Creation.

Pursuant to the provisions of the New Jersey Administrative Code, N.J.A.C. 5:92-12.1 et seq., and all other applicable rules and regulations of the Council on Affordable Housing and pursuant to the provisions of § 461-24.2 of Chapter 461 of the Code of the City of Clifton, entitled "Zoning," there is hereby created in and for the City of Clifton a Clifton Affordable Housing Agency, the members of which shall serve without compensation in matters touching on or concerning the requirements of all applicable rules and regulations of the Council on Affordable Housing and of § 461-24.2 of Chapter 461 of the Code of the City of Clifton, entitled "Zoning."

§ 7-2 Membership; terms; vacancies.

A. 
The Clifton Affordable Housing Agency shall consist of three members to be appointed by the Clifton Municipal Council, one of whom shall be a member of the Municipal Council, one of whom shall be a professional experienced in planning and one of whom shall be a member of the Clifton Housing Department.
B. 
The term of each member shall be three years, except that the term of the members first appointed shall be for terms as follows:
(1) 
Clifton Municipal Council: one year.
(2) 
Professional: two years.
(3) 
Clifton Housing Department: three years.
C. 
In the event of a vacancy, the same shall be filled by the Municipal Council for the unexpired balance of the term.

§ 7-3 Organization; Chairman; meetings.

A. 
The Clifton Affordable Housing Agency shall organize as soon as reasonably possible following appointment of its members, and annually thereafter, by the election of a Chairman from among its members.
B. 
The Agency may hold regular and special meetings and, subject to the provisions of this article, may make and amend rules and regulations concerning the conduct thereof.

§ 7-4 Powers and duties.

The Clifton Affordable Housing Agency shall:
A. 
Be responsible for assuring that low- and moderate-income housing units remain affordable to low- and moderate-income households, as required by § 461-24.2 of Chapter 461 of the Code of the City of Clifton and as required by the regulations of the Council on Affordable Housing as set forth in N.J.A.C. 5:92-12.1 et seq., and as required by any other statutes, rules or regulations made applicable to the function and operation of said Agency.
B. 
Make recommendations to the Municipal Council concerning any subject matter within its jurisdiction.
C. 
Make a written report, at least annually, to the Municipal Council concerning the Agency's activities.
D. 
Not incur any debt or obligation or make any expenditures of funds except as specifically authorized by the Municipal Council and as provided in the City budget.

§ 7-5 Repealer.

All ordinances or parts of ordinances inconsistent herewith are hereby repealed as to such inconsistency only. This article shall supersede a resolution creating the Clifton Affordable Housing Agency, adopted October 3, 1989; provided, however, that all acts or actions taken by said Agency pursuant to said resolution are hereby authorized, ratified and confirmed.
[Adopted 8-6-2008 by Ord. No. 6753-08]

§ 7-6 Purpose.

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

§ 7-7 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 City of Clifton to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.
MUNICIPAL HOUSING LIAISON
The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the City of Clifton.

§ 7-8 Municipal Housing Liaison; compensation; powers and duties.

A. 
There is hereby established the position of Municipal Housing Liaison for the City of Clifton.
B. 
Subject to the approval of the Council on Affordable Housing (COAH), the Municipal Housing Liaison shall be appointed by the Municipal Council and may be a full- or part-time municipal employee.
C. 
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the City of Clifton, including the following responsibilities, which may not be contracted out, exclusive of Subsection C(6), which may be contracted out:
(1) 
Serving as the City of Clifton's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents and interested households.
(2) 
Monitoring the status of all restricted units in the City of Clifton's Fair Share Plan.
(3) 
Compiling, verifying and submitting annual reports as required by COAH.
(4) 
Coordinating meetings with affordable housing providers and administrative agents, as applicable.
(5) 
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH.
(6) 
If applicable, serving as the administrative agent for some or all of the restricted units in the City of Clifton as described in Subsection F below.
D. 
Subject to approval by COAH, the City of Clifton 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 City of Clifton, except for those responsibilities which may not be contracted out pursuant to Subsection C above. If the City of Clifton contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and Affirmative Marketing Plan, the Municipal Housing Liaison shall supervise the contracting administrative agent.
E. 
Compensation shall be fixed by the governing body at the time of the appointment of the Municipal Housing Liaison.
F. 
Administrative powers and duties assigned to the Municipal Housing Liaison. The Municipal Housing Liaison shall be responsible for:
(1) 
Affirmative marketing:
(a) 
Conducting an outreach process to ensure affirmative marketing of affordable housing units in accordance with the Affirmative Marketing Plan of the City of Clifton and the provisions of N.J.A.C. 5:80-26.15; and
(b) 
Providing counseling or contract 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 Appendixes 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 City of Clifton 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 occupany 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 rerental.
(5) 
Processing requests 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 acknowledgment 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 annual 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.