[Adopted 8-19-2008 by Ord. No. 2008-08]
The purpose of this article is to create the
administrative mechanisms needed for the execution of Borough of East
Rutherford'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.
As used in this article, the following terms
shall have the meanings indicated:
The entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
the Borough of East Rutherford to ensure that the restricted units
under administration are affirmatively marketed and sold or rented,
as applicable, only to low- and moderate-income households.
The employee charged by the Mayor and Council with the responsibility
for oversight and administration of the affordable housing program
for the Borough of East Rutherford.
A.
Establishment of position of Municipal Housing Liaison.
There is hereby established the position of Municipal Housing Liaison
for the Borough of East Rutherford.
B.
Subject to the approval of the Council on Affordable
Housing (COAH), the Municipal Housing Liaison shall be appointed by
the Mayor and may be a full- or part-time municipal employee.
C.
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Borough of East Rutherford, including the following responsibilities, which may not be contracted out, exclusive of Subsection C(6), which may be contracted out:
(1)
Serving as the Borough of East Rutherford's primary
point of contact for all inquiries from the state, affordable housing
providers, administrative agents, and interested households.
(2)
Monitoring the status of all restricted units in the
Borough of East Rutherford's fair share plan.
(3)
Compiling, verifying, and submitting annual reports
as required by COAH.
(4)
Coordinating meetings with affordable housing providers
and administrative agents, as applicable.
(5)
Attending continuing education opportunities on affordability
controls, compliance monitoring, and affirmative marketing as offered
or approved by COAH.
D.
Subject to approval by COAH, if required by law, the Borough of East Rutherford may contract with or authorize a consultant, authority, government or any agency charged by the Mayor and Council, which entity shall have the responsibility of administering the affordable housing program of the Borough of East Rutherford, except for those responsibilities which may not be contracted out pursuant to Subsection C above. If the Borough of East Rutherford 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.
E.
Compensation. Compensation shall be fixed by the governing
body at the time of the appointment of the Municipal Housing Liaison
and from time to time thereafter.
F.
Administrative powers and duties assigned to the Municipal
Housing Liaison. The Municipal Housing Liaison shall have the duties
and responsibilities set forth below, provided that any and all of
these duties may be specifically assigned by the Mayor and Council
to an approved administrative agent as part of a contract:
(1)
Affirmative marketing.
(a)
Conducting an outreach process to insure affirmative
marketing of affordable housing units in accordance with the affirmative
marketing plan of the Borough of East Rutherford and the provisions
of N.J.A.C. 5:80-26.15; and
(b)
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.
(2)
Household certification.
(a)
Soliciting, scheduling, conducting and following
up on interviews with interested households;
(b)
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;
(c)
Providing written notification to each applicant
as to the determination of eligibility or noneligibility;
(d)
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.;
(e)
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
(f)
Employing the random selection process as provided
in the affirmative marketing plan of the Borough of East Rutherford
when referring households for certification to affordable units.
(3)
Affordability controls.
(a)
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;
(b)
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;
(c)
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;
(d)
Communicating with lenders regarding foreclosures;
and
(e)
Ensuring the issuance of continuing certificates
of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
(4)
Resale and rental.
(a)
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
(b)
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.
(5)
Processing requests from unit owners.
(a)
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;
(b)
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
(c)
Processing requests and making determinations
on requests by owners of restricted units for hardship waivers.
(6)
Enforcement.
(a)
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;
(b)
Securing from all developers and sponsors of
restricted units, at the earliest point of contact in the processing
of the project or development, written acknowledgment 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;
(c)
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;
(d)
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;
(e)
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;
(f)
Creating and publishing a written operating
manual, as approved by COAH, setting forth procedures for administering
such affordability controls; and
(g)
Providing annual reports to COAH as required.
(7)
The administrative agent shall have authority to take
all lawful actions necessary and appropriate to carry out its responsibilities
hereunder.
