[Ord. #830, § 10; Ord. #2021, 7-15-2008,
amended]
a. Purpose. The purpose of this section is to create
the administrative mechanisms needed for the execution of the Township
of Bernards' responsibility to assist in the provision of affordable
housing pursuant to the Fair Housing Act of 1985.
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
the Township of Bernards 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 the Township of Bernards.
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 the Township of Bernards.
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 the Township of Bernards, including the following responsibilities
which may not be contracted out, exclusive of Subparagraph c3(f),
which may be contracted out:
(a)
Serving as the Township of Bernards 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 the Township of Bernards 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 the Township of Bernards
as described in Subparagraph c6 below.
4. Subject to approval by COAH, the Township of Bernards
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 Township of Bernards, except for those responsibilities which
may not be contracted out pursuant to Subparagraph c3 above. If the
Township of Bernards 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 insure affirmative
marketing of affordable housing units in accordance with the Affirmative
Marketing Plan of the Township of Bernards 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 Appendices 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 the Township of Bernards 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 request 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 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;
(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)
Creating and publishing a written operating
manual, as approved by COAH, setting forth procedures for administering
such affordability controls; and
(7)
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.
[Ord. #830, § 10; Ord. #892; Ord.
#1103, § 65]
b. Notice of Available Units. When a developer is ready
to accept applications for initial occupancy of lower-income housing
units, he shall so notify the Municipal Housing Liaison. Subject to
Paragraph i herein, the Municipal Housing Liaison shall promptly mail
notices to persons ("housing applicants") having applications for
lower income housing on file, informing them that a number of such
units are about to become available, and requiring that they file
with the Municipal Housing Liaison current information to enable the
Municipal Housing Liaison to determine their income qualifications
for such housing and their eligibility for initial occupancy preference.
Such notice shall specify a deadline, at least 14 calendar days after
mailing of the notice, by which the requested information must be
received by the Municipal Housing Liaison.
[Ord. #2021, 7-15-2008, amended]
c. Notice of Eligibility. After the deadline specified
in the notice to housing applicants, the Municipal Housing Liaison
shall determine the income qualifications of those housing applicants
who have furnished the requested information, shall forward to the
developer the names, addresses, priority numbers, and eligibility
for initial occupancy preference, of income-qualified housing applicants
and shall notify all housing applicants in writing as to whether or
not they are income-qualified.
[Ord. #2021, 7-15-2008, amended]
d. Random Selection and Priority Numbers. If the number of income-qualified housing applicants exceeds the number of lower-income housing units expected to become available, the Municipal Housing Liaison shall randomly assign priority numbers to each such housing applicant, and the developer shall, subject to the provisions of this Subsection
21-76.5, offer contracts of purchase or lease to such applicants in their assigned order of priority, subject to Paragraph a herein, until all lower-income housing units which are about to become available are under contract. After all lower-income housing units contemplated in the then current housing element of the Township's master plan have been initially occupied or placed under contract or lease for initial occupancy, subsequent housing applicants shall receive priority numbers in the order in which their applications are received by the housing authority.
[Ord. #2021, 7-15-2008, amended]
e. Rounds of Applicant Selection. As used in this Subsection
21-76.5, a "round of applicant selection" shall mean a period of time which ends when either: (1) a developer notifies the Municipal Housing Liaison that it is ready to accept applications for initial occupancy of lower-income housing units; or (2) an owner of a lower-income housing unit notifies the Municipal Housing Liaison of an intent to resell or lease a lower-income housing unit; and with respect to which the Municipal Housing Liaison undertakes the procedures specified in this subsection for selection of applicants to receive contract offers for such units.
[Ord. #2021, 7-15-2008, amended]
f. Retention of Assigned Priority. Once the Municipal
Housing Liaison has randomly assigned a priority number to a housing
applicant in a round of applicant selection, the housing applicant
shall retain the same priority for future rounds of applicant selection,
unless the housing applicant loses priority according to Paragraph
j herein.
[Ord. #2021, 7-15-2008, amended]
g. Housing Applicants from Initial Round. All housing
applicants whose applications were filed on or before April 14, 1987,
shall be deemed to have been part of the initial round of applicant
selection. Before proceeding under any new round of applicant selection,
the Municipal Housing Liaison shall randomly assign priority numbers
to all housing applicants remaining from said initial round who have
not done anything which would cause a loss of priority under Paragraph
j below.
[Ord. #2021, 7-15-2008, amended]
h. Housing Applicants From Second and Subsequent Rounds.
1. Housing Applicants From Second Round. All housing applicants whose applications were filed after April 14, 1987, but before September 22, 1987, shall be deemed to have been part of the second round of applicant selection. Before proceeding under any new round of applicant selection, the Municipal Housing Liaison shall randomly assign priority number to all housing applicants remaining from said second round who have not done anything which would cause a loss of priority according to subsection
21-76.5j.
[Ord. #2021, 7-15-2008, amended]
2. Housing Applicants from Subsequent Rounds. All housing applicants whose applications were filed on or after September 22, 1987, but no later than March 31, 1989, shall be deemed to have been part of the third round of applicant selection. All subsequent rounds of applicant selection shall be determined according to Subsection
21-76.5e.
i. Number of Notices. If the number of housing applicants
having applications on file at the time a round of applicant selection
begins exceeds 150% of the number of lower-income housing units expected
to become available in such round, the Municipal Housing Liaison shall
not be required to send notices under Paragraph b above to all such
housing applicants, but instead shall send such notices to a number
of housing applicants equal to 150% of the number of such units. Such
notices shall be sent to housing applicants in the order of their
assigned priority, until such number of notices has been sent. If
such mailing results in fewer income-qualified housing applicants
than the number of available units, or fewer signed contracts than
the number of available units, or fewer than the maximum number of
households eligible for the initial occupancy preference under Paragraph
a above, the Municipal Housing Liaison shall send such number of additional
notices under Paragraph b above as he or she deems appropriate in
order to obtain sufficient numbers of income-qualified housing applicants
for those purposes.
[Ord. #2021, 7-15-2008, amended]
j. Loss of Priority:
1. Any housing applicant who declines an offer of a contract
to purchase a lower-income housing unit appropriate to the applicant's
household size and income, whether for initial occupancy or on resale,
shall lose all priority with respect to purchases, shall no longer
be considered to have an application on file for purpose of purchases,
and must submit a new application in order to again become eligible
to purchase lower-income housing.
2. Any housing applicant who declines an offer to lease
a lower-income housing unit appropriate to the applicant's household
size and income shall lose all priority with respect to rental units,
shall no longer be considered to have an application on file for purposes
of rental units, and must submit a new application in order to again
become eligible to lease lower-income housing.
3. A housing applicant does not lose priority with respect
to leasing a lower-income housing unit by declining an offer of a
contract to purchase such a unit. A housing applicant does not lose
priority with respect to purchasing a lower-income unit by declining
an offer to lease such a unit.
4. A housing applicant who either purchases, or signs
a lease for, a lower-income housing unit shall be removed from the
priority list with respect to both purchasing and leasing of units.
5. A housing applicant who fails to respond by the stated
deadline to a notice from the Municipal Housing Liaison pursuant to
Paragraph b above, or one who, having responded, is found to have
too high an income to be eligible for such housing, shall no longer
be considered to have an application on file, and must submit a new
application in order to again become eligible to purchase or lease
lower-income housing.
[Ord. #2021, 7-15-2008, amended]
6. The application of any housing applicant who, having
been offered a contract to purchase a lower-income housing unit, fails
to qualify for a mortgage, shall be placed on inactive status with
respect to purchases. Such applicant shall retain the priority number
assigned pursuant to this article, but shall not receive any further
notices for purchase of units under Paragraph b above unless and until
the housing applicant first submits to the Municipal Housing Liaison
evidence of changed circumstances which, in the judgment of the Municipal
Housing Liaison, are likely to enable the housing applicant to qualify
for the mortgage financing necessary to purchase such a unit. The
application of such applicant shall remain active with respect to
rental units.
[Ord. #2021, 7-15-2008, amended]