[HISTORY: Adopted by the Mayor and Council of the Borough of Old Tappan 5-26-1975 as Sec. 2-25 of the 1975 Code, as amended through Ord. No. 600-97. Subsequent amendments noted where applicable.]
Zoning — See Ch. 255.
There is hereby established the Affordable Housing Agency of the Borough of Old Tappan, hereinafter called the "Agency."
[Amended 1-24-2000 by Ord. No. 702-00]
The agency shall consist of six members to be appointed by the Mayor, with the advice and consent of Council. Members shall be appointed for a term of three years commencing on January 1, except that the initial appointments shall be staggered so that the terms of two members expire each year.
No member of the agency shall hold any elective office or position in the Borough. No member shall be permitted to act on any matter in which that member has, directly or indirectly, a personal or financial interest. All members of the agency shall be residents of the Borough.
The Mayor, with the advice and consent of Council, shall appoint such number of alternates as may be appropriate for terms not to exceed two years, or may, in the alternative, appoint alternates on a case by case basis.
No regular or alternate member of the Agency shall receive compensation for his/her service.
Any vacancy occurring for any reason shall be filled for the unexpired term only, by appointment by the Mayor.
[Amended 12-4-2006 by Ord. No. 922-06]
The Agency shall organize annually and from its members elect a Chairperson. If and when required, the Mayor may appoint a secretary, who may be considered a member of the Agency.
The Agency shall not contract any debt of any kind or nature except by prior approval of the Mayor and Council.
All meetings of the Agency shall be open to the public and shall be held at the Borough Hall or other Borough meeting rooms, as appropriate. The Agency shall keep records of all such meetings as required by law.
Each applicant seeking to be qualified by the Agency as a prospective purchaser and/or tenant of low- and moderate-income housing or, in the case of tenants already residing in low- and moderate-income rental housing, review their qualifications for continued eligibility for such housing, shall submit to the Agency a fee in the amount of $25 with such application.
Applicants seeking to be qualified by the Agency as a prospective purchaser who have previously filed an application with the Agency shall not be responsible for the payment of any further application fee upon reapplication.
[Added 12-4-2006 by Ord. No. 922-06]
As used in this article, the following terms shall have the meanings indicated:
- MUNICIPAL HOUSING LIAISON
- The person charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Borough of Old Tappan.
- ADMINISTRATIVE AGENT
- The entity responsible for administering the affordability controls of some or all units in the affordable housing program for the Borough of Old Tappan to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.
Establishment of position of Municipal Housing Liaison. There is hereby established the position of Municipal Housing Liaison for the Borough of Old Tappan.
Subject to the approval of the New Jersey Council on Affordable Housing (COAH), the Municipal Housing Liaison shall be appointed by the Mayor.
The Municipal Housing Liaison, with the assistance of the members of the Affordable Housing Agency and other Borough officials, shall be responsible for oversight and administration of the affordable housing program for the Borough of Old Tappan, including the following responsibilities which may not be contracted out:
Serving as the Borough’s primary point of contact for all inquiries from the State, affordable housing providers, and interested households;
Monitoring the status of all restricted units in the Borough’s Fair Share Plan;
Compiling, verifying, and submitting annual reports as required by COAH;
Coordinating meetings with affordable housing providers; and
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH.
Subject to approval by COAH, the Borough may contract with or authorize a consultant, authority, government or any agency charged by the governing body, which entity shall have the responsibility of administering the affordable housing program of the Borough, except for those responsibilities designated to the Municipal Housing Liaison under Subsection C above. If the Borough 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 monitor the services of the contracting administrative agent.
The Affordable Housing Agency shall be the administrative agent for all affordable units within the Borough, except that the Housing Authority of Bergen County shall be the administrative agent for the 29 units of senior rental housing located on Russell Avenue.
Administrative powers and duties assigned to the administrative agent:
Conducting an outreach process to ensure affirmative marketing of affordable housing units in accordance with the Affirmative Marketing Plan of the Borough and the provisions of N.J.A.C. 5:80-26.15; and
Providing counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law; or the Borough may contract for such services.
Soliciting, scheduling, conducting and following up on interviews with interested households;
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;
Providing written notification to each applicant as to the determination of eligibility or noneligibility;
Requiring that all certified applicants for restricted 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.;
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
Employing the random selection process as provided in the Affirmative Marketing Plan of the Borough when referring households for certification to affordable units.
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;
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 restricted unit;
Communicating with lenders regarding foreclosures; and
Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
Resale and rental:
Instituting and maintaining an effective means of communicating information between owners and applicants regarding the availability of restricted units for resale or rental; and
Instituting and maintaining an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or rerental.
Processing requests from unit owners:
Reviewing and approving requests from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership;
Reviewing and approving requests to increase sales prices from owners of restricted 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
Processing requests and making determinations on requests by owners of restricted units for hardship waivers.
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;
Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted 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;
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 to whom complaints of excess rent can be made;
Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;
Establishing a program for diverting unlawful rent payments to the municipality's affordable housing trust fund or other appropriate municipal fund approved by the DCA;
Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls; and
Providing annual reports to COAH as required.
The administrative agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.