[HISTORY: Adopted by the Mayor and Council of the Borough of Highland Park 11-12-2014 by Ord. No. 14-1876. Amendments noted where applicable.]
Editor's Note: This ordinance was originally adopted as Art. III of Ch. 85, Affordable Housing. Pursuant to Ord. No. 18-1972, adopted 10-23-2018, former Arts. I, Affirmative Marketing Plan, adopted by Ord. No. 1538 (Ch. 21 of the 1987 Code), and II, Development Fees, adopted by Ord. No. 1546 (Ch. 22 of the 1987 Code), were repealed; this chapter was renamed "Housing Authority"; and §§ 85-10 through 85-15 of former Art. III were renumbered as §§ 85-1 through 85-6, respectively.
The "Housing Authority of the Borough of Highland Park" (the "Authority") is hereby created and established pursuant to the New Jersey Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq.
The Authority shall constitute a public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions allowed by law. The powers, duties, rights and privileges of the Authority shall be governed by the New Jersey Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., and the New Jersey Local Authorities Fiscal Control Law, N.J.S.A. 40A:5A-1 et seq., as the same may be supplemented and amended from time to time.
The Authority shall consist of seven members who shall be appointed and hold office for such terms as hereinafter provided. The governing body of the Borough of Highland Park (the "Borough") shall appoint five members of the Authority. One of the five members must be a resident that resides in one of the public housing units. The Mayor of the Borough shall appoint one member. The Commissioner of the New Jersey Department of Community Affairs shall appoint one member.
[Amended 3-7-2017 by Ord. No. 17-1933]
The members shall serve for terms of five years and until their respective successors have been appointed and qualified.
Vacancies shall be filled for the unexpired term in the same manner as the original appointments were made. If a vacancy is not filled within 90 days, the Commissioner of the Department of Community Affairs shall notify the governing body or Mayor of his intent to fill the vacancy if not filled within 30 days. If the governing body or Mayor does not fill the vacancy within said 30 days, the Commissioner of the Department of Community Affairs may appoint a member for the unexpired term.
Members of the existing Authority created pursuant to the New Jersey Local Housing Authority Law, N.J.S.A. 55:14A-4, in office as of the effective date of N.J.S.A. 40A:12A-1 et seq. shall continue in office until expiration of the terms for which they were appointed and qualified.
Not more than one member of the Authority may be an officer or employee of the Borough of Highland Park. No member shall receive compensation for services. Four members shall constitute a quorum for purposes of conducting business of the Authority. The Authority shall select a Chairperson and Vice Chairperson from among its members. The Authority shall employ an executive director, pursuant to N.J.S.A. 40A:12A-18, who shall serve as secretary of the Authority.
No member or employee of the Authority shall acquire any direct or indirect interest in any housing project or in any property included or planned to be included in such a project, nor shall be or she have any direct or indirect interest in any contract or proposed contract for materials and services to be provided or used in connection with any housing project. Failure to disclose such an interest shall constitute misconduct in office which shall be grounds for removal pursuant to the provisions of the Local Redevelopment and Housing Law.
All ordinances and resolutions, or parts thereof, inconsistent with this article are hereby repealed.
If any section, paragraph, subsection, clause or provision of this article shall be adjudged by the courts to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause or provision so adjudged and the remainder of this article shall be valid and enforceable.
This article shall take effect upon final adoption and publication in accordance with law.