Purpose. The purpose of this article is to create the administrative
mechanisms needed for the execution of the Borough of Madison's responsibility
to assist in the provision of affordable housing pursuant to the Fair
Housing Act of 1985.
The entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
the Borough of Madison 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 governing body with the responsibility
for oversight and administration of the affordable housing program
for the Borough of Madison.
Establishment of position of Municipal Housing Liaison. There is
hereby established the position of Municipal Housing Liaison for the
Borough of Madison.
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.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Borough
of Madison, including the following responsibilities which may not
be contracted out:
Serving as the Borough of Madison's primary point of contact
for all inquiries from the state, affordable housing providers, administrative
agents, and interested households;
Attending continuing education opportunities on affordability
controls, compliance monitoring, and affirmative marketing as offered
or approved by COAH;
If applicable, serving as the administrative agent for some or all of the restricted units in the Borough of Madison as described in Subsection C(6) below.
Subject to approval by COAH, the Borough of Madison 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 of
Madison. If the Borough of Madison 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.
Conducting an outreach process to ensure affirmative marketing
of affordable housing units in accordance with the Affirmative Marketing
Plan of the Borough of Madison and the provisions of N.J.A.C. 5:80-26.15;
and
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.
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;
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 of Madison 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;
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
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.
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
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;
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;
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;
Severability. If any section, subsection, paragraph, sentence or
other part of this section is adjudged unconstitutional or invalid,
such judgment shall not affect or invalidate the remainder of this
section, but shall be confined in its effect to the section, subsection,
paragraph, sentence or other part of this section directly involved
in the controversy in which said judgment shall have been rendered
and all other provisions of this section shall remain in full force
and effect.
Inconsistent ordinances repealed. All ordinances or parts of ordinances
which are inconsistent with the provisions of this section are hereby
repealed, but only to the extent of such inconsistencies.