[Adopted 12-27-2007 by Ord. No. 2007-23]
[1]
Editor's Note: Former Art. III, Deputy Municipal Court Clerk and Violation Clerk, adopted 3-21-1979 by Ord. No. 323, as amended, was repealed 10-6-1999 by Ord. No. 1999-23.
The purpose of this article is to create the administrative mechanisms needed for the execution of Lopatcong Township's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.
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 Lopatcong Township 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 Lopatcong Township.
REHABILITATION PROGRAM ADMINISTRATOR
The employee charged by the governing body with the responsibility for administration of the rehabilitation program for Lopatcong Township.
A. 
Establishment of position of Municipal Housing Liaison. There is hereby established the position of Municipal Housing Liaison for Lopatcong Township.
B. 
Subject to the approval of the Council on Affordable Housing (COAH), the Municipal Housing Liaison shall be appointed by the governing body 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 Lopatcong Township, including the following responsibilities which may not be contracted out:
(1) 
Serving as Lopatcong 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 restricted units in Lopatcong 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.
D. 
Subject to approval by COAH, Lopatcong Township may contract with or authorize a municipal employee, consultant, authority, government or any agency charged by the governing body, which entity shall have the responsibility of administering the affordable housing program of Lopatcong Township, except for those responsibilities which may not be contracted out pursuant to Subsection C above. If Lopatcong Township 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. Compensation shall be fixed by the governing body at the time of the appointment of the Municipal Housing Liaison.
A. 
Establishment of position of Rehabilitation Program Administrator. There is hereby established the position of Rehabilitation Program Administrator for Lopatcong Township.
B. 
Subject to the approval of the Council on Affordable Housing (COAH), the Rehabilitation Program Administrator shall be appointed by the governing body and may be a full- or part-time municipal employee.
C. 
The Rehabilitation Program Administrator shall be responsible for administration of the rehabilitation program for Lopatcong Township. The primary responsibility of the Rehabilitation Program Administrator shall be to establish and enforce affordability controls pursuant to rules promulgated by the New Jersey Council on Affordable Housing and ensure that the units administered under the rehabilitation program are rehabilitated only for low- and moderate-income households as defined in N.J.A.C. 5:80-26.1. Among the responsibilities of the Rehabilitation Program Administrator are the following:
(1) 
Conducting an outreach process to ensure affirmative marketing of the municipal rehabilitation program.
(2) 
Create and adhere to an operating manual. The Rehabilitation Program Administrator is required to follow the policies and procedures of an operating manual, as applicable to the scope of services he/she has been appointed to perform. As appropriate, the operating manual should also be available in other languages.
(3) 
Implement the municipality's Affirmative Marketing Plan. The Rehabilitation Program Administrator is responsible for implementing the Affirmative Marketing Plan adopted by the municipality. At the first meeting with the Municipal Housing Liaison, this responsibility should be discussed. Affirmative marketing includes conducting regional outreach and advertising for available affordable units.
(4) 
Accept applications from interested households. In response to marketing initiatives or by referral from the Municipal Housing Liaison, interested households will contact the Rehabilitation Program Administrator. The Rehabilitation Program Administrator will supply applicants with applications, provide additional information on affordability controls and accept completed applications.
(5) 
Conduct random selection of applicants for rehabilitation of units. The Rehabilitation Program Administrator is responsible for conducting the random selection in accordance with the Affirmative Marketing Plan and any related local ordinances, and as described in the operating manual. In order to maintain an open and fair process, all households eligible for inclusion in the random selection should be informed of the date and time that the selection will take place.
(6) 
Create and maintain a pool of applicant households. This includes reaching out to households in the applicant pool to determine continued interest and/or changes in household size and income.
(7) 
Determine eligibility of households. The task of collecting application materials and documentation from applicant households and analyzing it for eligibility is the responsibility of the Rehabilitation Program Administrator. A written determination on a household's eligibility must be provided within 20 days of the Rehabilitation Program Administrator's determination of eligibility or noneligibility. Whether or not the household is determined to be eligible for the program, it is the Rehabilitation Program Administrator's responsibility to secure all information provided by the household in individual files and to maintain strict confidentiality of all information regarding that household.
(8) 
Establish and maintain effective communication with owners. Owners of restricted units shall be instructed and regularly reminded that the Rehabilitation Program Administrator is their primary point of contact. The Rehabilitation Program Administrator shall immediately inform all owners of any changes to the Rehabilitation Program Administrator's contact information or business hours. Owners should be instructed to immediately contact the Rehabilitation Program Administrator in the following circumstances:
(a) 
If they are considering or have decided to sell their home.
(b) 
In the event they wish to refinance their mortgage or take out a home equity loan and, consequently, will be seeking a subordination of their mortgage.
(9) 
Ensure cancellations of mortgage notes are effectuated. It is the Rehabilitation Program Administrator's responsibility to ensure that mortgage notes are cancelled at the conclusion of the control period when the mortgage note is satisfied.
(10) 
Serve as the custodian of all legal documents. The Rehabilitation Program Administrator is responsible for maintaining originals of all legal instruments for the units in their portfolio. Throughout the duration of a unit's control period, the Rehabilitation Program Administrator shall maintain a file containing its affordability control documents. This includes, but is not limited to, the recorded mortgage note and mortgage.
(11) 
Serve as point of contact on all matters relating to affordability controls. The Rehabilitation Program Administrator shall develop a system to be notified by lenders when a unit is at risk of foreclosure. In the event of a foreclosure, the Rehabilitation Program Administrator should work with the foreclosing institution to ensure that the affordability controls are maintained. The Administrative Agent should seek the counsel of the municipality's attorney on legal matters that threaten the durability of the affordability controls.
(12) 
Provide annual activity reports to Municipal Housing Liaison for use in the annual COAH monitoring report. The Rehabilitation Program Administrator is responsible for collecting the reporting data on each unit in his/her portfolio. To minimize the impact of this task, the Rehabilitation Program Administrator shall familiarize himself/herself with the latest reporting forms and ensure that each data element is collected sometime during the initial processing of the applicant. It shall be the responsibility of the Rehabilitation Program Administrator to visit COAH's website for the latest reporting forms.
(13) 
Attend continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH.
D. 
Compensation. Compensation shall be fixed by the governing body at the time of the appointment of the Rehabilitation Program Administrator.