Borough of New Providence, NJ Article IV Administration

§ 285-8 Staff and funding.

A. The Housing Officer and the Construction Official of the Borough of New Providence shall be responsible for the administration and enforcement of this chapter and shall have the following duties relative to this chapter.

B. The duties of the Housing Officer shall include:

(1) Affirmative marketing of the borough's Rehabilitation Program through:

(a) At least once annually for the years of 1990, 1991, 1992, 1993 and 1994, a direct mailing to all the borough's homeowners announcing the Rehabilitation Program and explaining the eligibility requirements for participation in the program and the procedures for applying for assistance under the provisions of this chapter.

(b) At least one well-publicized public meeting to answer questions about the Rehabilitation Program.

(c) A poster highlighting the main features of the Rehabilitation Program to be hung in the Borough Hall at all times.

(d) The issuance of periodic press releases to inform the public of news related to the Rehabilitation Program and to promote interest in the program.

(e) Preparation of information and application packets for distribution to interested homeowners.

(2) Development of necessary application and financial statement forms to be used by homeowners interested in applying for participation in the Rehabilitation Program. The application will clearly state that any homeowner who receives financial assistance under the provisions of this chapter will agree to resale or rent controls for the property for six years. The application shall require proof of ownership and general information on the property to be rehabilitated, as well as a description and estimated cost of the work needed to improve the unit to meet the parameters of the Rehabilitation Program. The financial statement form shall indicate that the information submitted will be kept strictly confidential. These forms shall be approved by the Borough Council prior to distribution to applicants.

(3) Determination of eligibility of the applicant based on the requirements of this chapter.

(4) Maintenance of a comprehensive file of all sources of financial assistance from federal and state programs for housing rehabilitation. The file on each program shall include eligibility requirements, several copies of application forms for the program, application filing procedures and deadlines, the total appropriation for the program and funding limitations for individual projects.

(5) Technical assistance to eligible applicants for the Borough Rehabilitation Program to apply for financial assistance from appropriate federal and state programs for housing rehabilitation by low- and moderate-income households.

(6) Technical assistance to eligible applicants for the Borough Rehabilitation Program to apply for a grant or loan from the borough upon a determination that financial assistance for housing rehabilitation or conversion will not be available from federal or state programs.

(7) Preparation and presentation of a report on each eligible application to the Affordable Housing Board for a grant or loan from the borough.

(8) Preparation and presentation of an annual report to the Borough Council at the close of each fiscal year. The report shall compare the borough's rehabilitation objectives with the accomplishments of each year. The report shall indicate the status, including any information available from the Construction Official, of the condition of each unit that has been or will be rehabilitated or converted and shall include a full financial accounting for the program. The report shall also contain recommendations for improving either the administrative or substantive elements of the program.

C. The Housing Officer shall establish specific, regular hours to meet with interested homeowners at the Borough Hall.

D. The Construction Official shall have the following duties:

(1) Determination of the deficiency of an applicant's unit under the provisions of this chapter. The Construction Official's evaluation of deficiency shall be reported in writing to the Housing Officer.

(2) Determination of whether or not the proposed description and cost of work needed to rehabilitate or convert the subject structure will meet the parameters of the Rehabilitation Program. The Construction Official's report on the description and cost of work shall be made in writing to the Housing Officer.

(3) Inspection and, when completed, certification of the rehabilitation. The certification shall bear the date of the inspection and shall be indicated by a written report to the Housing Officer.

E. The borough shall include in its annual budget sufficient funds to pay for the costs of administering the Rehabilitation Program. The money expended for preparing and implementing the Rehabilitation Program shall, in accordance with the Fair Housing Act,[1] be considered a mandated expenditure exempt from the limitations on final appropriation imposed pursuant to P.L. 1976, c. 68 (N.J.S.A. 40A:4-45.1 et seq.). For the first year of the program (1990), the amount budgeted for administration shall be 10% of the average estimated cost of rehabilitating, four units (at $10,000 per unit) or $4,000. For subsequent years, the budget will be determined based on the experience of the previous year.

[1] Editor's Note: See N.J.S.A. 52:27D-301 et seq.

§ 285-9 Application review and approval.

A. Interested homeowners will be able to secure information and application packets from the Housing Officer by calling or visiting the Borough Hall during the Housing Officer's regularly scheduled office hours.

B. Interested homeowners will submit a completed application to the Housing Officer.

C. The Housing Officer will review the application for completeness and, once an application is complete, determine whether the applicant meets income eligibility requirements.

D. Upon determination that the applicant is eligible, the Construction Official will inspect the property to rule on whether it qualifies as deficient under the provisions of this chapter and whether or not the proposed description and cost of work needed to improve the unit will meet the parameters of the Rehabilitation Program. The Construction Official's determination will be submitted in writing to the Housing Officer.

E. If the Construction Official determines that the unit qualifies as deficient but recommends an amended description and cost estimate of the work necessary to rehabilitate or convert the unit, the applicant will be asked to revise the application to address satisfactorily the comments of the Construction Official.

F. If the Construction Official determines that the unit qualifies as deficient and that the proposed description and cost estimate of the work necessary to rehabilitate or convert the unit is satisfactory, the Housing Officer will determine whether or not the applicant is eligible for financial assistance to complete the work from a federal or state program and whether there is a realistic chance of the applicant's receiving assistance from the program.

G. If the Housing Officer determines that the applicant is eligible for financial assistance to complete the work from a federal or state program and that there is a realistic chance for the applicant to receive such assistance, the Housing Officer will offer as much technical assistance as the applicant desires and as the Housing Officer can reasonably provide to prepare an application(s) for the relevant programs.

H. If the Housing Officer determines that the applicant is not eligible for financial assistance to complete the work from a federal or state program or that there is no realistic chance for the applicant to receive such assistance or the application for such assistance is denied by the relevant state or federal agency (agencies), then at the applicant's request, the Housing Officer will forward the application to the Affordable Housing Board for a loan or grant from borough funds. The Housing Officer shall be available to discuss the application with the Affordable Housing Board at the time of its formal consideration.

I. If the Affordable Housing Board approves the application, the rehabilitation may begin as soon as the applicant and the appropriate representative of the Affordable Housing Board have signed all necessary agreements. The Affordable Housing Board shall arrange for payment of the rehabilitation to be made to the appropriate party (parties) upon securing a guaranty that the money will go toward payment of the work included in the application.

J. If the Affordable Housing Board denies the application, the specific reasons for rejection shall be given. The Affordable Housing Board may deny an application only if it can be shown that the applicant is ineligible or that the proposed work plan is insufficient to bring the building into conformance with the parameters of the Rehabilitation Program.

K. After construction for rehabilitation of the housing unit is completed, the Borough Construction Official will inspect the unit and, if appropriate, certify that the work has been completed in accordance with the approved work plan. If the work is incomplete or for some reason unsatisfactory, the Construction Official shall so inform the Housing Officer, who will then work with the Affordable Housing Board to find a suitable remedy.