[Added 10-1-1992 by Ord. No. 9-92]
The purpose of this article is to create the
administrative mechanisms needed for the execution of the Borough's
responsibility to assist in the provision of affordable housing pursuant
to the Fair Housing Act of 1985.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et
seq.
As used in this article, the following terms
shall have the meanings indicated:
The employee, consultant, authority or government or other
agency charged by the governing body with the responsibility of administering
the affordable housing program for the Borough.
A.
Establishment of the Affordable Housing Board. There
is hereby established an Affordable Housing Board which shall consist
of five members appointed by the Mayor, with advice and consent of
the Council. The members of the Board shall serve without compensation.
B.
Membership on the Board and term of office. The Board
shall be composed of one member of the governing body, whose appointment
shall be for one year, one member of the Planning Board and one member
of the Board of Adjustment, whose appointment shall be for three years
or the duration of their term on such Planning Board, whichever terminates
first, and two additional residents of the Borough, whose terms shall
be for three years each, except that when the Board is initially appointed,
one resident member shall be appointed for one year, one member for
two years and the third member for three years. Appointments to fill
vacancies resulting from resignation or removal from office shall
be for the departing member's unexpired term.
C.
Powers of the Affordable Housing Board. The powers
of the Affordable Housing Board shall be as follows:
(1)
To recommend to the governing body the person or organization
to be appointed as Housing Officer, and the amount of compensation
to be paid to that person or organization.
(2)
To recommend to the governing body the adoption of
rules and regulations:
(a)
To govern the sale or rental of affordable housing units to lower-income persons pursuant to Chapter 150, Zoning, of the Code of the Borough of Upper Saddle River and the substantive rules issued by the Council on Affordable Housing.
(b)
To assure that the housing units built or rehabilitated for affordable housing will remain available to low- and moderate-income households for the appropriate period of time as required by the substantive rules issued by the Council on Affordable Housing and pursuant to Chapter 150, Zoning, of the Code of the Borough of Upper Saddle River.
(c)
To establish eligibility criteria for the households wishing to purchase or rent affordable housing in the Borough in accordance with Chapter 150, Zoning, of the Code of the Borough of Upper Saddle River and the substantive rules issued by the Council on Affordable Housing.
(d)
To establish screening mechanisms to ensure
that all affordable housing units are occupied by only low- and moderate-income
households.
(e)
To administer all funds made available to the
Borough's Housing Fund from developer contributions or from public
sources under the direction and oversight of the Borough's Chief Financial
Officer.
(f)
To regulate the resale of affordable housing
units so as to allow low- and moderate-income households to recoup
the value of any improvements to the units while providing for the
recapture by the Borough of any windfall profits from the resale of
the units.
(g)
To regulate the calculation of rents and other
charges for affordable housing rental units for the purposes of ensuring
that affordable housing rental units are rented only to and remain
occupied only by low- and moderate-income households.
(h)
To provide for a fair and equitable dispersal
of funds from the Housing Fund, to the extent such funds are available,
for rehabilitation of substandard housing occupied by low- and moderate-income
households and for such other purposes, including senior citizens
housing construction, as may be authorized by the governing body.
This task to be accomplished under the direction and oversight of
the Borough's Chief Financial Officer.
(3)
To ascertain the extent and location of substandard
housing and, upon authorization by the governing body, to conduct
a survey or to arrange to have a survey conducted.
(4)
To seek out sources of government funding that will
assist the Borough in meeting its goals of supplying affordable housing
as set forth in the adopted Housing Plan Element of the Master Plan
and, upon authorization by the governing body, to prepare and submit
applications to secure such funding.
(5)
To prepare an annual budget for the Affordable Housing
Board, including salaries and expenditures incurred in administering
exclusive expenditures for rehabilitation. The budget shall be prepared
in accordance with proper Borough accounting procedures and submitted
to the governing body for approval as part of the Borough budget.
(6)
To recommend to the governing body the disbursement
of funds from the Housing Fund, if such funds are available, for rehabilitation
of housing and for such other purposes as may be authorized by the
governing body.
(7)
To recommend to the governing body reasonable fees
to be charged to developers of affordable housing units to offset
the costs to the Borough related to the inspection and monitoring
of sales and rentals of affordable housing units, but not related
to any salaries or expenditures for such items as housing surveys
or preparation of grant applications.
(8)
To undertake such other activities as may be authorized
by law to carry out the obligations of the Borough to assist in providing
affordable housing in accordance with the Fair Housing Act of 1985[1] and the substantive rules issued by the Council on Affordable
Housing.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et
seq.
(9)
To retain legal representation to advise the Affordable
Housing Board.
(10)
To retain a Board secretary.
D.
In the absence of the appointment of an Affordable
Housing Board, the governing body shall act in its stead.
A.
Establishment of position of Housing Officer. There
is hereby established the position of Housing Officer for the Borough.
The Housing Officer shall be appointed by the governing body and may
be a full- or part-time Borough employee, a consultant, an authority
or a government or other agency contracted by the Borough to perform
the duties and functions of the Housing Officer.
B.
Compensation. Compensation shall be fixed by the governing
body at the time of the appointment of the Housing Officer, upon recommendation
of the Affordable Housing Board.
C.
Powers and duties. It shall be the responsibility
of the Housing Officer:
(1)
To administer the affordable housing program of the Borough in accordance with Chapter 150, Zoning, of the Code of the Borough of Upper Saddle River and the rules and regulations of the Affordable Housing Board.
(2)
To maintain waiting lists of households which may
be eligible to rent or purchase affordable dwelling units or to obtain
funding from the Housing Fund or from such other government funded
programs as may be available to qualified applicants.
(3)
To advertise the initial availability of affordable
housing units, when they become available, which advertising shall
be in addition to any advertising done by a developer.
(4)
To advertise the availability of funds for housing
rehabilitation, if and when such funds are available, or for such
other affordable housing programs as may be authorized by the governing
body.
(5)
To maintain an up-to-date record of all deed-restricted
affordable housing units in the Borough.
(6)
To monitor all transfers of ownership and changes of occupancy of all deed-restricted affordable housing units, to oversee the placement of qualified households in affordable housing units and to enforce the provisions of Chapter 150, Zoning, of the Code of the Borough of Upper Saddle River, performing all of the administrative duties and functions outlined therein.
(7)
To advise the Planning Board with respect to its approvals
of affordable housing units and as to required developer contributions
to the Housing Fund.
(8)
To maintain detailed records of income to and expenditures
from the Housing Fund and accounts for any government grant moneys
received.
(9)
To perform the administrative functions associated
with any government funded housing rehabilitation, down-payment assistance
or other affordable housing program, once such program has been funded.
(10)
To arrange for inspections of affordable housing
units as necessary to carry out the requirements of this article and
the rules and regulations promulgated by the Affordable Housing Board.
(11)
To carry out such additional duties as may be
required of the Housing Officer by the rules and regulations promulgated
by the Affordable Housing Board.
