The purpose of this article is to provide a set of regulations that will provide for the construction and creation of housing units which will be affordable to low- and moderate-income individuals and families and create the administrative mechanisms needed for the execution of the Township's responsibility to assist in the provision of affordable housing. This article is consistent with the New Jersey Fair Housing Act[1] and the rules and regulations of the New Jersey Council on Affordable Housing.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
[Amended 6-6-2001 by Ord. No. 2001-17]
The provisions of this article shall apply to development in the R-1/PN Zone, the SHD/Rental Overlay/R-2 Zone, the Senior Congregate Care Zone, the R-1/I Zone and for any multifamily development providing over 10 dwelling units.
[Amended 6-6-2001 by Ord. No. 2001-17]
Each development project meeting the criteria above shall set aside up to a total of 15% of the total number of dwelling units as affordable housing except as specified in the Senior Congregate Care and Special Housing Districts. Such units may be sold or leased to low- and moderate-income households. Of the total housing units set aside, 50% shall be designated for low-income households and 50% for moderate-income households as defined by the New Jersey Council on Affordable Housing.
An applicant may make a request to provide a monetary contribution to the Township in lieu of the construction of some or all of its affordable housing obligation. The Planning Board shall determine the extent to which the developer may contribute cash in lieu of construction and shall determine the amount of contribution per unit; provided, however, that the Planning Board, in reaching its determination, will be guided by the following principles: the cash contribution shall be in such an amount as will create an equivalent amount of affordable housing as would have been constructed pursuant to § 470-50 of this article, at the recommendation of the New Jersey Council on Affordable Housing and the Regional Contributions as per Region 1. The Planning Board shall also determine it to be in the general public interest of the Township and specifically in the interest of the Township Affordable Housing Plan.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Within each development required to provide affordable housing, the following requirements must be met of the total number of affordable units:
(1) 
A minimum of 35% must be two-bedroom units.
(2) 
A minimum of 15% must be three-bedroom units.
(3) 
No more than 10% may be efficiency units.
B. 
There shall be an equal distribution of efficiencies, one- , two- and three-bedroom units throughout the project. Affordable housing units may be built as "flats" or up/down units separated horizontally from another affordable or market dwelling unit above or below it.
The following unit sizes shall apply to affordable housing units:
A. 
Efficiency units: 475 square feet.
B. 
One bedroom: 600 square feet.
C. 
Two bedroom: 750 square feet.
D. 
Three bedroom: 900 square feet.
E. 
Four bedroom: 1,100 square feet.
Within affordable housing developments, low- and moderate-income housing units shall be built in accordance with the following schedule:
Minimum Percent of Low- and Moderate-Income Units Completed
Percent of Market Housing Units Completed
0%
25%
10%
25%
50%
50%
75%
75%
100%
90%
—
100%
A. 
Affordable units within each project shall, as best as practicable, provide for the following distribution of prices:
(1) 
Low:
(a) 
5% at 40% through 42.5% of median income.
(b) 
15% at 42.6% through 47.5% of median income.
(c) 
30% at 47.6% through 50% of median income.
(2) 
Moderate:
(a) 
5% at 50.1% through 57.5% of median income.
(b) 
5% at 57.6% through 64.5% of median income.
(c) 
5% at 64.6% through 68.5% of median income.
(d) 
5% at 68.6% through 72.5% of median income.
(e) 
10% at 72.6% through 77.5% of median income.
(f) 
20% at 77.6% through 80% of median income.
B. 
The following criteria shall be considered in determining rents and sales prices:
(1) 
Efficiency units shall be affordable to one-person households.
(2) 
One-bedroom units shall be affordable to two-person households.
(3) 
Two-bedroom units shall be affordable to three-person households.
(4) 
Three-bedroom units shall be affordable to five-person households.
(5) 
Four-bedroom units shall be affordable to seven-person households.
A development project within the SHD Zone may provide for affordable units through rental housing. Such housing shall comply with the standards promulgated above; however, no less than 20% total units shall be rental affordable housing under this article up to the required rental units as set forth in the Township Housing Element.
Each rental affordable housing unit provided shall receive credit for 1 1/3 affordable housing units towards the development's total set-aside obligation.
For all low- and moderate-income housing units provided in inclusionary developments, West Milford Township shall establish occupancy such that, initially, no more than 50% of the units are made available to income-eligible households that reside in the municipality or work in the municipality and reside elsewhere.
The Township Council shall designate a Township Housing Committee (THC) which shall be established in conjunction with this article and shall designate the Affordable Housing Management Service or some other authority acceptable to COAH. For the purposes of this article, the Township Council shall serve as the Housing Committee until the Township designates an outside agency acceptable to COAH.
A. 
Powers of Township Housing Committee are as follows:
(1) 
To adopt procedural rules and regulations governing the implementation of the Township's affordable housing program.
(2) 
To identify, with the prior authorization of the governing body, substandard housing units within the Township and, if necessary, to conduct a survey, or arrange for a survey to identify such units.
(3) 
To identify sources of government funding that will assist the Township in meeting its current and future goals of supplying affordable housing and to prepare and submit applications to secure such funding.
(4) 
To advertise the availability of funds for housing rehabilitation, for down payment assistance or for such other housing programs as may be authorized by the governing body, if and when such funds are available.
(5) 
To maintain a current record of all deed-restricted affordable housing units existing in the Township.
(6) 
To maintain duplicate copies of all reports issued by the Housing Officer with respect to transfers of ownership and changes in occupancy for all deed-restricted affordable housing units.
(7) 
To advise the Township's Planning Board and Zoning Board with respect to any applications for inclusionary development not included in the terms of the Township's grant of substantive certification.
(8) 
To prepare an annual budget for the Affordable Housing Board governing its expenditures for the execution of its duties and functions pursuant to Chapter 500, Zoning. The budget shall be prepared in accordance with proper municipal accounting procedures and submitted to the governing body for consideration as part of the annual budget.
(9) 
To recommend to the governing body the disbursement of funds from the Housing Fund, if such funds are available, for rehabilitation of housing or for such other purposes as may be authorized by the governing body by ordinance.
(10) 
To prepare progress reports which may be required by the Council on Affordable Housing or its regulations.
(11) 
To prepare a summary report of the Township's Affirmative Marketing Program as may be required by the Council on Affordable Housing.
(12) 
To review and approve the Affirmative Marketing Plan prepared by the inclusionary developer based on the guidelines set forth in Chapter 500, Zoning.
(13) 
To provide direction and assistance to prospective purchasers and renters of affordable housing units regarding income qualification procedures and criteria and the availability of affordable housing units within the Township.
(14) 
To carry out such additional responsibilities as may be necessary to fulfill the Township's affordable housing program in accordance with the resolution of the Council on Affordable Housing awarding substantive certification.
B. 
In the absence of the appointment of an Affordable Housing Board, the governing body shall act in its stead. The governing body, or the Affordable Housing Board, as the case may be, may designate any or all of these powers to the Housing Officer(s); provided, however, that ultimate responsibility for the execution of the Township's affordable housing program shall remain with the Affordable Housing Board or the governing body as the case may be.
A. 
There is hereby created a Housing Fund for the purpose of receiving governmental and/or private contributions to the Township's affordable housing program.
B. 
Collection of contributions to the Housing Fund.
(1) 
Funds to be deposited in the Housing Fund shall be paid to and deposited in the Fund by the Township Treasurer.
(2) 
The Housing Fund shall be the repository for all surplus funds in the event of foreclosure and upon the removal of affordability deed restriction covenants, regarding covenants and controls on sales and rentals, and in the event that a rental surcharge is ever permitted to be imposed.
(3) 
The Housing Fund shall be the repository for all governmental monies to be expended for the provision or rehabilitation of affordable housing, except where monies are required by the funding source to be held in a separate account.
C. 
Disbursements from Housing Fund.
(1) 
The Affordable Housing Board shall make recommendations to the governing body for disbursements from the Housing Fund in accordance with applicable affordable housing program requirements. No disbursements shall be made from the Housing Fund until the governing body shall have authorized such disbursements by ordinance and shall have established appropriate guidelines and procedures for such disbursements.
(2) 
Funds may be used to reimburse the Township for salaries and other expenditures connected with the execution of the Township's responsibilities to assist in the provision of affordable housing in accordance with Chapter 500, Zoning.
A. 
Establishment of position of Housing Officer. There is hereby established the position of Housing Officer for the Township. The Housing Officer shall be appointed by the Township Administrator and may be a full- or part-time Township employee, consultant, an authority or a governmental or other agency contracted by the Township to perform the duties and functions of the Housing Officer.
[Amended 9-1-2004 by Ord. No. 2004-6]
B. 
Compensation. Compensation shall be fixed the governing body at the time of the appointment of the Housing Officer.
C. 
Powers and duties. It shall be the responsibility of the Housing Officer:
(1) 
To monitor and approve all resales and rentals of designated affordable housing units to ensure that purchasers/renters meet the eligibility requirements for low- and moderate-income households as defined by the Council on Affordable Housing.
(2) 
To monitor and approve all resales and rentals of designated affordable housing units to ensure that the purchase price/rental level are in compliance with the regulations of the Council on Affordable Housing.
(3) 
To adopt policies and procedures to implement all aspects of the Township's affordable housing program, including but not limited to:
(a) 
Establish application procedures for affordable housing units and maintain a waiting list of prospective purchasers and renters.
(b) 
Determine and certify, in recordable form, the eligibility of prospective purchasers and renters.
(c) 
Establish selection procedures and criteria for determining certified eligible households as purchasers or renters.
(d) 
Establish an inventory of affordable housing units and monitor changes in occupancy and the price and rent of each unit for the duration of the affordable control time period.
(e) 
Develop a formula to calculate the maximum permissible resale price or rental charge for an affordable housing unit and provide a certification of this calculation to the owner.
(f) 
Determine whether the cost or value of a home improvement is eligible for an adjustment in the calculation of the resale price or rental charge for the unit and establish procedures whereby the owner can obtain such a determination prior to the time the home improvement is made.
(g) 
Verify that documents have been duly recorded and the deeds and leases of individual affordable housing units reference the appropriate affordable housing agreement and its covenants, conditions and restrictions.
(h) 
Establish procedures for proper notification and recapture of excess funds in a case of foreclosure and the pursuit of all remedies in cases of violation or default of the terms of the affordable housing agreement.
(i) 
Establish reasonable fees for services with the approval of the State Treasurer.
(4) 
To carry out such additional duties as may be authorized by the governing body and/or required by law.
A. 
The Township of West Milford has a fair share obligation of 187 low- and moderate-income housing units.
[Amended 6-6-2001 by Ord. No. 2001-17]
B. 
West Milford Township has undertaken a program to provide for funding for the rehabilitation of the indigenous need within the Township.
C. 
The marketing which has been done consists of the following:
(1) 
Newspaper articles have appeared in local papers announcing the availability of funds for housing rehabilitation.
(2) 
Two public meetings were held at the local target area school.
(3) 
Display advertisements were placed in area newspapers.
(4) 
Direct mailings were sent to every residence within the target area.
D. 
The Township of West Milford has provided for inclusionary housing to satisfy its obligation. This housing will be marketed in conjunction with the developer of each project in the following manner:
(1) 
Advertisements in the North Jersey Herald and Suburban Trends, the official newspapers of the Township.
(2) 
Notices given to local church groups.
(3) 
Broadcast unit availability on the cable television local access channel.
(4) 
Provide for announcements to be distributed through the Passaic County Housing Division and the Passaic County Office of Aging.
E. 
All of the above newspapers are official newspapers of the Township of West Milford and cover the service area of the Township for housing rehabilitation. In addition, the availability of such units will be announced with Passaic County Planning Board, local service organizations and other appropriate local and area wide groups.
F. 
The priority for purchase of these units, as well as the priority for rental units, is set forth in the West Milford Township Affordable Housing Regulations. It is the intent of West Milford Township to comply with N.J.A.C. 5.92-15.2.
G. 
All developers with 25 or more low- and moderate-income housing units will be required to actively market these units by:
(1) 
Advertising the availability and eligibility requirements for such units in local and area wide newspapers, as previously specified.
(2) 
In conjunction with the Township Housing Officer, announcing the availability and eligibility requirements of such units to county agencies, local service organizations, church groups, and other appropriate organizations.
H. 
Developers with 25 or less low- and moderate-income units will also be required to follow the above procedure. The marketing program will commence at least 90 days before the issuance of either temporary or permanent certificates of occupancy, and shall continue until all low- and moderate-income housing units are under contract of sale and/or lease.
All affordable housing units purchased shall be owner occupied. All rental units shall be occupied by the initial qualified lessee. Subleasing will not be permitted and will be subject to the cancellation of the lease agreement with the lessee. The THC shall have the authority to require such action through the lessor.
Deed restrictions or disposition covenants in recordable form, satisfactory to the Township Attorney, shall restrict fee or leasehold disposition of all set aside units for a term of 20 years. Restrictions or covenants shall provide that sale price or rent as inflated by 75% of the consumer price index from the U.S. Department of Commerce (New York area) plus documented capital improvements.
A. 
Forms. Application forms and procedures for initial or first occupancy shall be subject to the approval of the THC for its review not later than 120 days in advance of the estimated first occupancy date of any unit within a project. Applications shall provide information respecting the applicants' most recent federal income tax return for the immediate past two annual filing periods, and data as to family size and age, and a certification as to income from any other source.
B. 
Review summary report. The developer shall review all applications for set-aside dwelling units' occupancy in accordance with the standards and procedures in this article. The developer shall file with the THC a summary report containing a compilation of data taken from application forms for all units' occupants and pending and rejecting applicants, together with the reason for any rejection. Action on all applications shall, at all times, comply with applicable fair housing law and practices. The names and addresses of applicants shall not be divulged in summary reports, provided that the THC may, under appropriate safeguards so as to avoid public disclosure, require production of such information. Notwithstanding the foregoing, the THC, in its discretion, shall have the right to disapprove occupancy.
C. 
Certification. Each developer shall certify to the THC the eligibility of all applicants for sale and rental units not less than 10 days after execution of a sales contract or 30 days prior to occupancy. The certification shall provide information respecting the applicant's compliance with all applicable affordability control standards, including a statement that price or rent shall not exceed original or amended price or rent as annually inflated by 75% of the Consumer Price Index, plus documented capital improvements. Certifications shall be made in affidavit form, subject to penalty for perjury, and personally signed by the developer, or in the case of a corporation, the principal stockholders, or in the case of partnership, the general or principal partner. Association certification shall be made by the president or chairman of the Board of Trustees. Rental occupants shall be periodically recertified, provided that all certifications shall lapse within the period of three years.
A. 
Sales.
(1) 
The developer shall submit a plan for resale or rental controls to ensure that the units remain affordable to low- and moderate-income households for at least 20 years. Where a low- or moderate-income unit remains unsold for a period of six months, the developer, upon certification or validation that an active marketing program has been undertaken, shall be at liberty to rent such unit for a period not to exceed one year, and thereupon the resale limitations in this article shall automatically reapply. The purchaser of a unit shall be entitled to resell the unit for:
(a) 
The original sales price plus the original sales price multiplied by 75% of the percentage increase in the Consumer Price Index (New York area) between the date of purchase and the date of resale.
(b) 
Reimbursement of documented monetary outlays for reasonable improvements.
(c) 
Any reasonable cost incurred in selling the unit.
(2) 
The low-income units upon resale may be sold only to low-income persons, and the moderate-income units may be sold to low- or moderate-income purchasers. If, however, no low-income purchaser is found within six months, the low-income unit may be sold to a moderate-income purchaser. If no moderate-income purchaser is found for a moderate-income unit within six months, the unit may be sold to any purchaser. Regardless of the income of the purchaser, the resale controls shall remain in effect for subsequent resales.
B. 
Rentals. Where units are offered as rental units, they shall continue to be offered as rental units for 20 years. After 20 years, they may be rented or sold at fair market value.
C. 
Condominiums. Owners of affordable condominiums may add amenities or improvements to such units; however, the effect of these improvements may not increase the resale price of the unit beyond amounts which are considered by the THC to be affordable to lower income purchasers. Owners of affordable condominiums shall obtain approval from the THC prior to installing improvements to their units. In the event that such amenities or improvements are installed, however, the resale price of affordable condominiums shall nevertheless be restricted by the THC in accordance with the foregoing standards. If no moderate-income purchaser is found for a moderate-income unit within six months, the unit may be sold to any purchaser.
A. 
Association. Owners of affordable condominiums shall maintain them in accordance with the standards of the market condominiums within the development. Failure to do so shall permit the association to do so at the cost and expense of the owner of the affordable condominium, and the association shall have a lien on the unit for the recovery of all sums expended for such purpose as provided for in the declaration of covenants and restrictions.
B. 
Association fees. Other than the sums described in the immediately preceding sentence, any and all assessments by the association upon any affordable condominium shall be limited to 40% of the assessment being levied by the association upon market condominiums. Commencing upon the date upon which the provisions of this plan expire or terminate as to affordable condominiums, an affordable condominium shall be assessed and shall pay assessments in the same manner as a market unit. At no time shall the association levy an assessment upon an affordable condominium for an association expense for which market condominiums are not also being assessed, except as may be provided in the affordable housing plan.
C. 
Plan alterations. Neither the developer, the owner, the association, nor the agency shall amend or alter the provisions to this section or plan without first obtaining the approval of both the THC and the Planning Board of the Township of West Milford. Any such approved amendments or modifications of this plan shall be in writing and shall contain proof of Planning Board approval and shall not be effective unless and until recorded with the Passaic County Register.
[Added 12-18-2002 by Ord. No. 2002-44; amended 5-7-2008 by Ord. No. 2008-023]
A. 
Purpose. The purpose of the mandatory development fee is to provide funding for the Township's Housing Element and Fair Share Plan approved by the Township Council of the Township of West Milford.
B. 
Residential development fees - Amount: Prior to the issuance of a building permit, all developers of residential subdivisions or site plans of two or more units shall incur a mandatory development fee equal to 1% of the equalized assessed valuation for each residential unit constructed. This mandatory fee shall be calculated as follows: 1% x equalized assessed valuation x number of units.
C. 
Nonresidential development fees - Amount: Prior to the issuance of a building permit, all nonresidential developers shall incur a mandatory development fee equal to 2 1/2% of the total equalized assessed valuation of the nonresidential development; provided, however, no development fee shall be required where the total equalized assessed value of the development is less than $15,000 as established by the Tax Assessor. The mandatory fee shall be calculated as follows: 2 1/2% x total equalized assessed value.
[Amended 10-8-2008 by Ord. No. 2008-048]
D. 
Timing of payments.
(1) 
Fifty percent of the total mandatory development fee owed to West Milford Township, whether for residential or nonresidential development, shall be paid prior to the issuance of any building permit required in connection with the development and shall be calculated as follows:
(a) 
For residential developments, the fifty-percent payment required prior to the issuance of any building permit shall be calculated using an estimated equalized valuation of each residential unit as determined by the West Milford Township Tax Assessor.
(b) 
For nonresidential developments, the fifty-percent payment required prior to the issuance of any building permit shall be calculated using an estimated total equalized assessed valuation of the nonresidential development as determined by the West Milford Township Tax Assessor.
(2) 
The remaining portion of the development fee shall be paid prior to the issuance of any certificate of occupancy for any development or any part thereof, whether residential or nonresidential, and shall be calculated using the actual assessed valuation of the development as determined by the West Milford Township Tax Assessor.
(3) 
Because the initial payment required prior to the issuance of a building permit is calculated using an estimated assessed valuation based on estimates for construction costs, the following adjustments are permitted to compensate for differences between the estimated assessed valuation and the actual assessed valuation:
(a) 
If the estimated assessed valuation used to calculate the initial fifty-percent payment was overestimated or underestimated, causing the actual assessed valuation to be less than or greater than the estimated assessed valuation used to calculate the initial fifty-percent payment, the developer's certificate of occupancy payment shall be equal to the difference between the actual assessed valuation and the initial fifty-percent payment as determined by the West Milford Township Tax Assessor.
E. 
Exemption, eligible exactions and ineligible exactions.
(1) 
Developments with on-site low- and moderate-income housing units as defined and accepted by the Council on Affordable Housing and credited towards the Township's Mount Laurel obligation are exempt from development fees.
(2) 
Low- and moderate-income dwelling units as defined and accepted by the Council on Affordable Housing and credited towards the Township's Mount Laurel obligation shall be exempt from paying development fees.
(3) 
Development that expands an existing structure shall pay a development fee. The development fee shall be calculated based on the increase in the equalized assessed value of the improved structure.
(4) 
Developers of houses of worship and other not-for-profit institutions, including the Fire Department, rescue and first aid squads and the Board of Education, shall be exempt from paying a development fee.
(5) 
Developments that have received preliminary or final approval prior to the imposition of a municipal development fee shall be exempt from development fees unless the developer seeks a substantial change in the approval.
F. 
Affordable Housing Trust Fund.
(1) 
All mandatory development fees collected pursuant to this section shall be deposited in the interest-bearing escrow account entitled the "Affordable Housing Trust Fund: Mandatory Fee Account."
(2) 
If the court determines that West Milford Township's spending is not in conformance with COAH's rules on development fees, the court is authorized to direct the manner in which all development fees collected pursuant to this section shall be expended.
G. 
Use of funds.
(1) 
Money deposited in the Affordable Housing Trust Fund may be used for any activity approved for addressing the Township's low- and moderate-income housing obligation. Such activities may include, but are not limited to, housing rehabilitation; new construction; development of accessory apartments; regional contribution agreements; the purchase of land for low- and moderate-income housing; extensions and/or improvements of roads and infrastructure to low- and moderate-income housing sites; assistance designed to render units to be more affordable to low- and moderate-income people; and administrative costs necessary to implement the Township's housing element. The expenditure of all money shall conform to the approved spending plan.
(2) 
No more than 20% of the revenues collected from development fees each year, exclusive of the fees used to fund an RCA, shall be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a housing element and fair share plan, and/or an affirmative marketing program.
[Added 8-6-2008 by Ord. No. 2008-037]
A. 
Purpose. The purpose of this section is to create the administrative mechanisms needed for the execution of West Milford Township's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
B. 
Definitions. 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 West Milford 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 West Milford Township.
C. 
Establishment of Municipal Housing Liaison position and compensation; powers and duties.
(1) 
Establishment of position of Municipal Housing Liaison. There is hereby established the position of Municipal Housing Liaison for West Milford Township.
(2) 
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.
(3) 
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for West Milford Township, including the following responsibilities, which may not be contracted out:
(a) 
Serving as West Milford Township's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents, and interested households;
(b) 
Monitoring the status of all restricted units in West Milford Township's fair share plan;
(c) 
Compiling, verifying, and submitting annual reports as required by COAH;
(d) 
Coordinating meetings with affordable housing providers and administrative agents, as applicable;
(e) 
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH;
(f) 
If applicable, serving as the administrative agent for some or all of the restricted units in West Milford Township as described in Subsection C(6) below.
(4) 
Subject to approval by COAH, West Milford Township 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 West Milford Township. If West Milford 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.
(5) 
Compensation. Compensation shall be fixed by the governing body at the time of the appointment of the Municipal Housing Liaison.
(6) 
Administrative powers and duties assigned to the Municipal Housing Liaison.
(a) 
Affirmative marketing:
[1] 
Conducting an outreach process to ensure affirmative marketing of affordable housing units in accordance with the affirmative marketing plan of West Milford Township and the provisions of N.J.A.C. 5:80-26.15; and
[2] 
Providing counseling or contracting to provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
(b) 
Household certification:
[1] 
Soliciting, scheduling, conducting and following up on interviews with interested households;
[2] 
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;
[3] 
Providing written notification to each applicant as to the determination of eligibility or noneligibility;
[4] 
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 Appendixes J and K of N.J.A.C. 5:80-26.1 et seq.;
[5] 
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
[6] 
Employing the random selection process as provided in the affirmative marketing plan of West Milford Township when referring households for certification to affordable units.
(c) 
Affordability controls:
[1] 
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;
[2] 
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;
[3] 
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;
[4] 
Communicating with lenders regarding foreclosures; and
[5] 
Ensuring the issuance of Continuing Certificates of Occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
(d) 
Resale and rental:
[1] 
Instituting and maintaining an effective means of communicating information between owners and the administrative agent regarding the availability of restricted units for resale or rental; and
[2] 
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.
(e) 
Processing requests from unit owners:
[1] 
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;
[2] 
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
[3] 
Processing requests and making determinations on requests by owners of restricted units for hardship waivers.
(f) 
Enforcement:
[1] 
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;
[2] 
Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowldgment 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;
[3] 
The 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 where complaints of excess rent can be made;
[4] 
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:
[5] 
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;
[6] 
Establishing a rent-to-equity program;
[7] 
Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls; and
[8] 
Providing annual reports to COAH as required.
(g) 
The administrative agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.