The following terms, when used in this Article
XIV, shall have the meanings given in this section:
ACT
The Fair Housing Act of 1985, P.L. 1985, c. 222, as amended
(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 administration of affordable units in accordance with this Article
XIV, former N.J.A.C. 5:96, former N.J.A.C. 5:97 and N.J.A.C. 5:80-26.1 et seq.
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 affordable
units in an affordable housing development are affordable to lower-income
households.
AFFORDABLE
A sales price or rent within the Means of a lower-income
household as defined in former 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 HOUSING DEVELOPMENT
A development included in the HEFSP, 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 the HEFSP prepared or implemented to address
Livingston Township's fair share obligation.
AFFORDABLE UNIT
A housing unit proposed or created pursuant to the Act, credited
pursuant to former N.J.A.C. 5:97-4, approved by court order, and/or
funded through an affordable housing trust fund, 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.
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 residents of the development where the unit is situated
are either 62 years or order or are a couple, one of whom is of such
age; or 2) at least 80% of the units are occupied by one or more persons
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 the administrative
agent as a lower-income household.
COAH
The Council on Affordable Housing, which was established
by 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,
electricity, sanitary plumbing (including septic systems), lead paint
abatement 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
An affordable unit that is affordable to a low-income household.
LOWER-INCOME
Collectively, very-low-income, low-income and moderate-income.
MAJOR SYSTEM
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building, including,
but not limited to, weatherization, roofing, plumbing (including wells),
heating, electricity, sanitary plumbing (including septic systems),
lead paint abatement or load-bearing structural systems.
MARKET-RATE UNIT
Housing not restricted to lower-income households that may
sell or rent at any price.
MEDIAN INCOME
The median income by household size for the applicable housing
region, as adopted annually by COAH or other governmental agency or
nonprofit entity.
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.
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 COAH's adopted regional income limits published annually
by DCA.
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.
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.
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.
The Township of Livingston has determined that it will address
its ongoing affordable housing obligation by use of the following
mechanisms:
A. An ongoing rehabilitation program as set forth in §
170-127.2.
B. Previously completed inclusionary multifamily development and zoning for future construction of inclusionary multifamily development, subject to §
170-127.3 and other provisions of this Article
XIV.
D. Supportive and special needs housing units.
E. Assisted living facilities.
F. Credits for completed housing rehabilitation.
G. Credits for completed affordable housing units for senior citizens.
H. Credits for previously performed regional contribution agreements.
I. Any other approved mechanism as set forth in the HEFSP.
The following guidelines apply to all newly constructed developments
that contain lower-income housing units, including any currently unanticipated
future developments that will provide lower-income housing units.
These requirements shall be equally applicable to rental and for-sale
affordable units.
A. Low/moderate unit split and bedroom distribution of affordable housing
units:
(1)
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. The allocation of low-income units shall include very-low-income
units in an amount equal to 13% of the total number of all lower-income
units.
(2)
In each development, at least 50% of the affordable units within
each bedroom distribution shall be low-income units.
(3)
Unit size distribution in non-age-restricted developments.
(a)
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 lower-income units;
[2] At least 30% of all lower-income units shall be
two-bedroom units;
[3] At least 20% of all lower-income units shall be
three-bedroom units; and
[4] The remaining lower-income units may be allocated
among two- and three-bedroom units at the discretion of the developer.
(b)
This distribution of unit sizes based on the number of bedrooms
shall be equally applicable to very-low-income units.
(4)
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age- restricted
lower-income units within the inclusionary development. This standard
may be met by having all one-bedroom units or by having a two-bedroom
unit for each efficiency unit.
B. Accessibility requirements.
(1)
The first floor of all affordable townhouse dwelling units and
all affordable 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 former N.J.A.C. 5:97-3.14.
(2)
All affordable townhouse dwelling units and all affordable units
in other multistory buildings in which an affordable dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
(a)
An adaptable toilet and bathing facility on the first floor;
(b)
An adaptable kitchen on the first floor;
(c)
An interior accessible route of travel on the first floor;
(d)
An interior accessible route of travel shall not be required
between stories within an individual unit;
(e)
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
(f)
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 N.J.A.C. 5:97-3.14, or evidence that the Township of Livingston
has collected funds from the developer sufficient to make 10% of the
adaptable entrances in the development accessible.
(3)
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.
(4)
Except for affordable townhouse dwelling units, every building
of more than two stories shall have a passenger elevator.
C. Maximum rents and sales prices.
(1)
In establishing rents and sales prices of affordable housing
units, the administrative agent shall follow the procedures set forth
in UHAC, utilizing the regional income limits established by COAH
or other governmental agency or nonprofit entity.
(2)
The maximum rent for affordable rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for affordable low- and
moderate-income units shall be affordable to households earning no
more than 52% of median income.
(3)
The developers and/or municipal sponsors of affordable rental
units shall establish at least one rent for each bedroom type for
both low-income and moderate-income units.
(4)
At least 13% of all affordable units shall be affordable to
households earning no more than 30% of median income.
(5)
The maximum sales price of affordable 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 affordable 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.
(6)
In determining the initial sales prices and rents for compliance
with the affordability average requirements for affordable units other
than assisted living facilities, the following standards shall be
used:
(a)
A studio shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one-and-one-half-person
household;
(c)
A two-bedroom unit shall be affordable to a three-person household;
(d)
A three-bedroom unit shall be affordable to a four-and-one-half-person
household; and
(e)
A four-bedroom unit shall be affordable to a six-person household.
(7)
In determining the initial rents for compliance with the affordability
average requirements for affordable units in assisted living facilities,
the following standards shall be used:
(a)
A studio shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one-and-one-half-person
household; and
(c)
A two-bedroom unit shall be affordable to a two-person household
or to two one-person households.
(8)
The initial purchase price for all affordable 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
homeowners' association fees, does 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.
(9)
The initial rent for an affordable 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.
(10)
The price of owner-occupied lower-income units may increase
annually based on the percentage increase in the regional median income
limit for the housing region. In no event shall the maximum resale
price established by the administrative agent be lower than the last
recorded purchase price.
(11)
The rent of lower-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.
(12)
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 DCA for its Section 8 program.
Price restrictions for affordable 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 an affordable 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 condominium association fee amounts
and special assessments shall be indistinguishable between the affordable
unit owners and the market-rate unit owners.
D. The owners of affordable 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.
Appeals from all decisions of an administrative agent designated pursuant to this Article
XIV shall be filed, in writing, with the Executive Director of COAH or any successor state agency.