[Added 5-21-2008 by Ord. No. 6-08]
The purpose of this article is to create the administrative
mechanisms needed for the execution of the Township'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 entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
the Township of Harding to ensure that the affordable units under
administration are affirmatively marketed and sold or rented, as applicable,
only to low- and moderate-income households.
The employee charged by the governing body with the responsibility
for oversight and administration of the affordable housing program
for the Township of Harding.
A.
There is hereby established the position of Municipal Housing Liaison
for the Township of Harding.
B.
Subject to the approval of the Council on Affordable Housing (COAH),
the Municipal Housing Liaison shall be appointed by resolution of
the Township Committee and may be a full- or part-time municipal employee
with compensation to be fixed by the Township Committee at the time
of appointment.
C.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Township
of Harding, including the following responsibilities, which shall
not, pursuant to state regulations, be contracted out:
(1)
Serving as the Township'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 affordable units in the Township'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)
Supervising the Administrative Agent(s) contracted or authorized
by the Township Committee to administer some or all of the affordable
units in the Township.
(7)
The Municipal Housing Liaison shall be responsible for any of the
duties listed below that are not specifically delegated by the Township
Committee to an Administrative Agent.
Subject to approval by COAH, the Township of Harding may contract with or authorize a consultant, authority, government or any agency, which entity shall have the responsibility for administering specified affordable units, projects or housing programs, to undertake the duties listed herein, except for those responsibilities which may not be contracted out pursuant to § 7-50C above. The Administrative Agent shall have the authority to take all actions necessary and appropriate to carry out its responsibilities hereunder, including the hiring of qualified staff, consultants and/or professional management to assist in the implementation of these responsibilities, and shall conduct all of its actions and duties in conformance with the Uniform Housing Affordability Controls, N.J.A.C. 5:80 26.1 et seq. (hereafter "UHAC" regulations), COAH regulations and Township ordinances.
A.
Affirmative marketing.
(1)
An affirmative marketing plan, in compliance with UHAC regulations,
shall be prepared by the Administrative Agent for each housing project
or program utilizing the sample form supplied by COAH. The plan shall
be maintained on file in the office of the Municipal Housing Liaison.
The Affirmative Marketing Plan shall include all of the information
required by UHAC regulations and Township ordinances, including but
not limited to sample media advertisements, a list of contacts for
outreach to organizations within the COAH-designated housing region
of which the Township is a part, and a description of the random selection
method to be employed in selecting prospective occupants for affordable
units.
(2)
Conducting an outreach process to ensure the affirmative marketing
of affordable housing units in accordance with the Affirmative Marketing
Plan and UHAC regulations; and
(3)
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, in accordance with UHAC regulations.
B.
Household certification.
(1)
Soliciting, scheduling, conducting and following up on interviews
with interested households;
(2)
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;
(3)
Providing written notification to each applicant as to the determination
of eligibility or noneligibility;
(4)
Requiring that all certified applicants for affordable 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.;
(5)
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
(6)
Employing the random selection process as provided in the Township's
Affirmative Marketing Plan when referring households for certification
to affordable units.
C.
Affordability controls.
(1)
Furnishing to attorneys or closing agents forms of deed restrictions
and mortgages for recording at the time of conveyance of title of
each affordable unit that is for sale;
(2)
Creating and maintaining a file on each affordable unit for its control
period, including the recorded deed with restrictions, recorded mortgage
and note, as applicable;
(3)
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 affordable unit;
(4)
Communicating with lenders regarding foreclosures of affordable units;
and
(5)
Ensuring the issuance of continuing certificates of occupancy or
certifications pursuant to UHAC regulations with respect to code compliance
upon the first transfer of title that follows the expiration of the
applicable minimum control period for affordable units.
D.
Resale and rental.
(1)
Instituting and maintaining an effective means of communicating information
between owners and the Administrative Agent regarding the availability
of affordable units for resale or rental; and
(2)
Instituting and maintaining an effective means of communicating information
to low- and moderate-income households regarding the availability
of affordable units for resale or re-rental.
E.
Processing request from unit owners (non-rental units).
(1)
Reviewing and approving requests from owners of affordable units
who wish to take out home equity loans or refinance during the term
of their ownership;
(2)
Reviewing and approving requests to increase sales prices from owners
of affordable 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
(3)
Processing requests and making determinations on requests by owners
of affordable units for hardship waivers.
F.
Enforcement.
(1)
With respect to non-rental units, 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 to a qualified and certified household;
(2)
Securing from all developers and sponsors of affordable units, at
the earliest point of contact in the processing of the project or
development, written acknowledgement of the requirement that no affordable
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;
(3)
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;
(4)
Sending annual mailings to all owners of affordable units, reminding
them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;
(5)
Establishing a program for diverting unlawful rent payments to the
municipality's affordable housing trust fund or other appropriate
municipal fund approved by the Department of Community Affairs;
(6)
Creating and publishing a written operating manual, as approved by
COAH, setting forth procedures for administering such affordability
controls; and
(7)
Providing information to the Municipal Housing Liaison, in the format
required by COAH and certifying as to its accuracy, for the submission
of monitoring reports to COAH.
