[HISTORY: Adopted by the Township Committee of the Township
of Delaware 9-14-2009 by Ord. No.
2009-21. Amendments noted where applicable.]
A.
This chapter is intended to address Delaware's constitutional
obligation to provide for its fair share of low- and moderate-income
housing, consistent with the provisions of N.J.A.C. 5:97 et seq. and
N.J.A.C. 5:80-26.1 and pursuant to the New Jersey Fair Housing Act
of 1985.[1] This chapter is also intended to provide assurances that
low and moderate-income units (the "affordable units") are created
with controls on affordability over time and that low- and moderate-income
people occupy these units. This chapter shall apply except where inconsistent
with applicable law.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
B.
The Delaware Township Planning Board adopted the housing element
pursuant to the Municipal Land Use Law ("MLUL") at N.J.S.A. 40:55D-1
et seq. on December 2, 2008. A Fair Share Plan consistent with this
Housing Element was adopted by the Planning Board on December 2, 2008
and endorsed by the governing body on December 2, 2008. This fair
share plan describes the methods by which Delaware Township will address
its fair share obligation as determined by the housing element.
C.
This chapter implements and incorporates that fair share plan and
addresses the requirements of N.J.A.C. 5:97 et seq.
D.
Delaware will annually file a monitoring report with the Council
delineating the status of its certified plan and this report will
be available to the public at the Office of the Clerk, Township Hall,
Sergeantsville, and from the Council on Affordable Housing at P.O.
Box 813, Trenton, New Jersey 08625-0813.
The fair share obligation in Delaware Township is as set forth
in the Township's Housing Element and Fair Share Plan approved
by the New Jersey Council on Affordable Housing (COAH) by Resolution
No. 28-09, adopted August 12, 2009.
As used herein, the following terms shall have the following
meanings:
A restricted ownership unit that is part of a housing element
that received substantive certification from COAH pursuant to N.J.A.C.
5:93 before October 1, 2001.
The entity responsible for administering the affordability
controls of this chapter with respect to specific restricted units,
as designated pursuant to N.J.A.C. 5:80-26.14.
An average of the percentage of median income at which restricted
units in an affordable development are affordable to low- and moderate-income
households.
In the case of an ownership unit, that the sales price for
the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6
and, in the case of a rental unit, that the rent for the unit conforms
to the standards set forth in N.J.A.C. 5:80-26.12, as said provisions
may be supplemented or amended.
A housing development, all or a portion of which consists
of restricted units.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
where the head of the household is a minimum age of either 62 years,
or 55 years and meets the provisions of the 42 U.S.C. § 3601
et seq., except that due to death, a remaining spouse of less than
55 years of age shall be permitted to continue to reside.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.) and in, but not of,
the DCA.
A facility licensed by the New Jersey Department of Health
and Senior Services to provide apartment-style housing and congregate
dining and to assure that assisted-living services are available when
needed for four or more adult persons unrelated to the proprietor
and offer, at a minimum, one unfurnished room, a private bathroom,
a kitchenette and a lockable door on the unit entrance.
The Neighborhood Preservation Balanced Housing Program of
the DCA as set forth at N.J.S.A. 52:27D-320 and N.J.A.C. 5:43.
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
The Council on Affordable Housing in, but not of, the DCA,
established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301
et seq.).
The State of New Jersey Department of Community Affairs.
Any one of three periods in time during which the Council
established municipal obligations to provide affordable housing and
the first round was from 1987 to 1993 and the second period was from
1993 to 1999 and the third is for 2000 to 2018.
The Housing Affordability Service, formerly known as the
"Affordable Housing Management Service," at the New Jersey Housing
and Mortgage Finance Agency.
A household with a total gross annual household income equal
to 50% or less of the median income.
A restricted unit that is affordable to a low-income household.
The median income by household size for an applicable county,
as adopted annually by COAH.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median income.
A restricted unit that is affordable to a moderate-income
household.
The Agency's Market-Oriented Neighborhood Investment
Program, as it may be authorized from time to time by the agency.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a class
A beneficiary; and the transfer of ownership by court order.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value affordable to a four-person household
with an income at or above 80% of the regional median as defined by
the Council's annually adopted income limits.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted-living residences, rent does
not include charges for food and services.
A dwelling unit, whether a rental unit or ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be supplemented or amended, but does not include a market-rate
unit financed under UHORP or MONI.
The Agency's Urban Homeownership Recovery Program.
A.
Delaware has determined that it will use the following programs to
satisfy its affordable housing obligation: rehabilitation, one-hundred-percent-affordable
family rental housing, accessory apartments, supportive shared living
bedrooms and extending controls on existing units.
B.
The following general guidelines apply to all developments that contain
low-and moderate-income units, and any future developments that may
occur.
The rehabilitation program:
A.
Delaware's rehabilitation program is designed to renovate deficient
housing units occupied by low- and moderate-income households, and
after rehabilitation, these units will comply with the New Jersey
State Housing Code pursuant to N.J.A.C. 5:28.
B.
Delaware has completed its eight-unit obligation.
C.
Both renter-occupied and owner-occupied units were eligible for rehabilitation
funds.
D.
Both renter-occupied and owner-occupied units will remain affordable
to low- and moderate-income households for a period of 10 years. For
owner-occupied units, this control period will be enforced with a
lien, and for renter-occupied units, the control period will be enforced
with a deed restriction.
In inclusionary zones, the following schedule shall be followed:
|
Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
|---|---|
|
25%
|
0%
|
|
25% + 1%
|
10%
|
|
50%
|
50%
|
|
75%
|
75%
|
|
90%
|
100%
|
A.
Low/mod split and bedroom distribution of affordable housing units:
(1)
The fair share obligation shall be divided equally between low- and
moderate-income households.
(2)
In each affordable development, at least 50% of the restricted units
within each bedroom distribution shall be low-income units.
(3)
Affordable developments that are not age-restricted shall be structured
in conjunction with realistic market demands such that:
(a)
The combined number of efficiency and one-bedroom units is no
greater than 20% of the total low- and moderate-income units;
(b)
At least 30% of all low- and moderate-income units are two-bedroom
units;
(c)
At least 20% of all low- and moderate-income units are three-bedroom
units; and
(d)
The remainder may be allocated at the discretion of the developer.
(e)
Age-restricted low- and moderate-income units may utilize a
modified bedroom distribution and at a minimum, the number of bedrooms
shall equal the number of age-restricted low- and moderate-income
units within the affordable development.
B.
Accessible townhouse units.
(1)
The first floor of all townhouse dwelling units and of all other
multistory dwelling units for which credit is sought pursuant to P.L.
1985, c. 222 (N.J.S.A. 52:27D-301 et seq.), on or after October 1,
2006, the effective date of P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a
et seq.), and for which an application for a construction permit has
not been declared complete by the enforcing agency pursuant to P.L.
2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and which were included
in a prior round fair share plan or in a third round fair share plan
and for which credit continues to be sought shall be subject to the
technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
(2)
To receive Council credit for a townhouse unit or other multistory
dwelling unit that is attached to at least one other dwelling unit,
Delaware shall ensure that:
(a)
Townhouses or other multistory dwelling units that are attached
to at least one other dwelling unit for which credit is sought for
low- or moderate-income housing shall have the following features:
[1]
An adaptable toilet and bathing facility on the first floor;
[2]
An adaptable kitchen on the first floor;
[3]
An accessible route of travel;
[a]
An interior accessible route of travel shall not
be required between stories;
[4]
An adaptable room that can be used as a bedroom, with a door
or the casing for the installation of a door, on the first floor;
and
[5]
An accessible entranceway as set forth at P.L. 2005, c. 350
(N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C.
5:23-7, or evidence that Delaware has collected funds from the development
sufficient to make 10% of the adaptable entrances in the development
accessible.
(b)
In the case of a unit or units which are constructed with an
adaptable entrance, upon the request of a disabled person who is purchasing
or will reside in the dwelling unit, an accessible entrance shall
be installed.
(3)
The builder of the unit or units shall deposit funds, sufficient
to adapt 10% of the affordable units in the projects which have not
been constructed with accessible entrances, with Delaware, for deposit
into the municipal affordable housing trust fund;
(4)
The funds under Subsection B(3) above shall be available for the use of Delaware for the purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance;
(5)
The developer of the affordable project subject to P.L. 2005, c.
350 (N.J.S.A. 52:27D-311a et seq.) shall submit the design with a
cost estimate for conversion to Delaware; and
(6)
Once Delaware has determined that the plans to adapt the entrances
of the townhouse or other multistory unit meet the requirements of
the Barrier Free Subcode, N.J.A.C. 5:23-7, the Chief Financial Officer
shall ensure that the funds are deposited into that fund.
(7)
Full compliance with this section shall not be required where an
entity can demonstrate that it is site impracticable to meet the requirements.
Determinations of site impracticability shall be in compliance with
the Barrier Free Subcode, N.J.A.C. 5:23-7.
C.
Maximum rents and sales prices.
(1)
Delaware hereby establishes that the maximum rent for affordable
units within each affordable development shall be affordable to households
earning no more than 60% of median income and the average rent for
low- and moderate-income units shall be affordable to households earning
no more than 52% of median income.
(2)
The developers and/or municipal sponsors of restricted rental units
shall establish at least one rent for each bedroom type for both low-income
and moderate-income units.
(3)
The maximum sales price of restricted ownership units within each
affordable development shall be affordable to households earning no
more than 70% of median income, and each affordable development must
achieve an affordability average of 55% for restricted ownership units
and in achieving this affordability average, moderate-income ownership
units must be available for at least three different prices for each
bedroom type, and low-income ownership units must be available for
at least two different prices for each bedroom type.
(4)
At least 13% of the affordable housing in Delaware must be affordable
to households at 30% of median income.
A.
Affordable units shall utilize the same type of heating source as
market units within the affordable development.
B.
Those tenant-paid utilities that are included in the utility allowance
shall be so stated in the lease and shall be consistent with the utility
allowance approved by DCA for its Section 8 program.
Occupancy standards for affordable housing units shall be in
conformance with N.J.A.C. 5:80-26.4, as may be supplemented or amended:
A.
In determining the initial rents and initial sales prices for compliance
with the affordability average requirements for restricted units other
than assisted-living facilities, the following standards shall be
used:
(1)
A studio shall be affordable to a one-person household;
(2)
A one-bedroom unit shall be affordable to a one-and-one-half-person
household;
(3)
A two-bedroom unit shall be affordable to a three-person household;
(4)
A three-bedroom unit shall be affordable to a four-and-one-half-person
household; and
(5)
A four-bedroom unit shall be affordable to a six-person household.
B.
For assisted-living facilities, the following standards shall be
used:
C.
In referring certified households to specific restricted units, to
the extent feasible, and without causing an undue delay in occupying
the unit, the administrative agent shall strive to:
Control periods for ownership units are pursuant to N.J.A.C.
5:80-26.5, as may be supplemented or amended, and each restricted
ownership unit shall remain subject to the requirements of this chapter
until Delaware Township elects to release the unit from such requirements
pursuant to action taken in compliance with N.J.A.C. 5:80-26.1, as
may be supplemented or amended, and prior to such an election, a restricted
ownership unit must remain subject to the requirements of N.J.A.C.
5:80-26.1, as may be supplemented or amended for at least 30 years.
A.
At the time of the first sale of the unit, the purchaser shall execute
and deliver to the administrative agent a recapture note obligating
the purchaser (as well as the purchaser's heirs, successors and
assigns) to repay, upon the first nonexempt sale after the unit's
release from the requirements of this chapter, an amount equal to
the difference between the unit's nonrestricted fair market value
and its restricted price and the recapture note shall be secured by
a recapture lien evidenced by a duly recorded mortgage on the unit.
B.
All conveyances of restricted ownership units shall be made by deeds
and restrictive covenants pursuant to N.J.A.C. 5:80-26.1 and each
purchaser of a 95/5 unit, in addition, shall execute a note and mortgage,
incorporated herein by reference.
C.
The affordability controls set forth in this chapter shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
D.
A restricted ownership unit shall be required to obtain a continuing
certificate of occupancy or a certified statement from the municipal
Building Inspector stating that the unit meets all code standards
upon the first transfer of title that follows the expiration of the
applicable minimum control period provided under N.J.A.C. 5:80-26.5(a),
as may be supplemented or amended.
Price restrictions for ownership units are pursuant to N.J.A.C.
5:80-26.1, as may be supplemented or amended, including:
A.
The initial purchase price for a restricted ownership unit shall
be approved by the administrative agent. The initial purchase price
for all restricted ownership units shall be calculated so that the
monthly carrying costs of the unit, including principal and interest
(based on a mortgage loan equal to 95% of the purchase price and the
Federal Reserve H.15 rate of interest), taxes, homeowner and private
mortgage insurance and condominium or homeowner association fees do
not exceed 28% of the eligible monthly income of an appropriate household
size as determined under N.J.A.C. 5:80-26.4; provided, however, that
the price shall be subject to the affordability average requirement
of N.J.A.C. 5:80-26.3, as may be supplemented or amended.
B.
The administrative agent shall approve all resale prices, in writing
and in advance of the resale, to assure compliance with the foregoing
standards.
C.
The master deeds of affordable developments shall provide no distinction
between the condominium or homeowner association fees and special
assessments paid by low- and moderate-income purchasers and those
paid by market purchasers, although condominium units subject to a
municipal ordinance adopted before October 1, 2001, which provides
for condominium or homeowner association fees and/or assessments different
from those provided for in this section shall have such fees and assessments
governed by said ordinance.
D.
The owners of ownership units may apply to the administrative agent
to increase the maximum sales price for the unit on the basis of capital
improvements. Eligible capital improvements shall be those that render
the unit suitable for a larger household or that add an additional
bathroom.
A.
Buyer income eligibility for ownership units is pursuant to N.J.A.C.
5:80-26.1, as may be supplemented or amended, such that low-income
ownership units shall be reserved for households with a gross household
income less than or equal to 50% of median income and moderate-income
ownership units shall be reserved for households with a gross household
income less than 80% of median income.
B.
The administrative agent shall certify a household as eligible for
a restricted ownership unit when the household is a low-income household
or a moderate-income household, as applicable to the unit, and the
estimated monthly housing cost for the unit (including principal,
interest, taxes, homeowner and private mortgage insurance and condominium
or homeowner association fees as applicable) does not exceed 33% of
the household's eligible monthly income.
Each restricted rental unit shall remain subject to the requirements
of this chapter until Delaware elects to release the unit from such
requirements; however, prior to such a municipal election, a restricted
rental unit must remain subject to the requirements of this chapter
for a period of at least 30 years.
A.
Deeds of all real property that include restricted rental units shall
contain deed restriction language. The deed restriction shall have
priority over all mortgages on the property and the deed restriction
shall be filed by the developer or seller with the records office
of the county and a copy of the filed document shall be provided to
the administrative agent within 30 days of the receipt of a certificate
of occupancy.
B.
A restricted rental unit shall remain subject to the affordability
controls of this chapter, despite the occurrence of any of the following
events:
The initial rent for a restricted rental unit shall be approved
by the administrative agent and shall be calculated so as not to exceed
30% of the eligible monthly income of the appropriate household size
as determined under N.J.A.C. 5:80-26.4; provided, however, that the
rent shall be subject to the affordability average requirement of
N.J.A.C. 5:80-26.3, as may be supplemented or amended.
A.
Rents may be increased annually based on the Housing Consumer Price
Index for the United States, as published annually by COAH. Rents
may not be increased more than once a year.
B.
A written lease is required for all restricted rental units, except
for units in an assisted-living residence, and tenants are responsible
for security deposits and the full amount of the rent as stated on
the lease.
C.
No additional fees or charges may be added to the approved rent (except,
in the case of units in an assisted-living residence, for the customary
charges for food and services) without the express written approval
of the administrative agent and application fees (including the charge
for any credit check) may not exceed 5% of the monthly rental of the
applicable restricted unit and shall be payable to the administrative
agent to be applied to the costs of administering the controls in
this chapter as applicable to the unit.
Pursuant to N.J.A.C. 5:80-26.13, as may be supplemented or amended,
tenant income eligibility shall be determined as follows:
A.
Moderate income rental units shall be reserved for households with
a gross household income less than 80% of median income. Low-income
rental units shall be reserved for households with a gross household
income less than or equal to 50% of median income. Very-low-income
rental units shall be reserved for households with a gross household
income of 30% or less of median income.
B.
The administrative agent shall certify a household as eligible for
a restricted rental unit when the household is a low-income household
or a moderate-income household, as applicable to the unit, and the
rent proposed for the unit does not exceed 35% (40% for age-restricted
units) of the household's eligible monthly income as determined
pursuant to N.J.A.C. 5:80-26.16, as may be supplemented or amended;
provided, however, that this limit may be exceeded if one or more
of the following circumstances exists:
(1)
The household currently pays more than 35% (40% for households eligible
for age-restricted units) of its gross household income for rent and
the proposed rent will reduce its housing costs;
(2)
The household has consistently paid more than 35% (40% for households
eligible for age-restricted units) of eligible monthly income for
rent in the past and has proven its ability to pay;
(3)
The household is currently in substandard or overcrowded living conditions;
(4)
The household documents the existence of assets, with which the household
proposes to supplement the rent payments; or
(5)
The household documents proposed third-party assistance from an outside
source, such as a family member, in a form acceptable to the administrative
agent and the owner of the unit.
A.
COAH requires Delaware to appoint a specific municipal employee to
serve as a Municipal Housing Liaison responsible for administering
its affordable housing program, including affordability controls and
the Affirmative Marketing Plan, and, where applicable, supervising
any contracting administrative agent. Delaware adopted an ordinance
on June 12, 2006, creating the position of Municipal Housing Liaison.[1] Delaware adopted a resolution on April 24, 2006 appointing
a Municipal Housing Liaison. Subject to the approval of COAH, the
Municipal Housing Liaison shall be appointed by the governing body
and may be a full- or part-time municipal employee.
B.
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for Delaware, including the following responsibilities, which may not be contracted out, exclusive of Subsection B(6), which may be contracted out:
(1)
Serving as Delaware'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 Delaware'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;
(6)
If applicable, serving as the administrative agent for some or all
of the restricted units in Delaware.
C.
Subject to approval by COAH, Delaware 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 Delaware, except for those responsibilities
which may not be contracted out as described above. If Delaware 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.
D.
The Municipal Housing Liaison is responsible for providing annual
reports to COAH.
The affordability controls set forth in this chapter shall be
administered and enforced by the administrative agent. The primary
responsibility of the administrative agent shall be to ensure that
the restricted units under administration are sold or rented, as applicable,
only to low- and moderate-income households.
A.
The administrative agent shall create and shall publish in plain
English, and in such other languages as may be appropriate to serving
its client base, a written operating manual, as approved by COAH,
setting forth procedures for administering such affordability controls,
including procedures for long-term control of restricted units; for
enforcing the covenants of N.J.A.C. 5:80-26.18, as may be supplemented
or amended, and for releasing restricted units promptly at the conclusion
of applicable control periods. The administrative agent shall have
authority to take all actions necessary and appropriate to carrying
out its responsibilities hereunder. The operating manual shall have
a separate and distinct chapter or section setting forth the process
for identifying applicant households seeking certification to restricted
units, for reviewing applicant household eligibility, and for certifying
applicant households in accordance with the household certification
and referral requirements set forth in N.J.A.C. 5:80-26.16, as may
be supplemented or amended.
B.
The administrative agent shall establish and maintain a ready database
of applicant households as a referral source for certifications to
restricted units, and shall establish written procedures to ensure
that selection among applicant households be via the database, and
in accordance with a uniformly applied random selection process and
all applicable state and federal laws relating to the confidentiality
of applicant records.
C.
The municipality in which restricted units are located shall select
one or more administrative agents for those units. A municipality
itself (through a designated municipal employee, department, board,
agency or committee) may elect to serve as the administrative agent
for some or all restricted units in the municipality, or the municipality
may select HAS or an experienced private entity approved by the Division,
the Agency or COAH to serve as administrative agent for some or all
restricted units in the municipality. The foregoing approval by COAH
or the Division is to be based on the private entity's demonstration
of the ability to provide a continuing administrative responsibility
for the length of the control period for the restricted units.
A.
The affirmative marketing plan is a regional marketing strategy designed
to attract buyers and/or renters of all majority and minority groups,
regardless of race, creed, color, national origin, ancestry, marital
or familial status, gender, affectional or sexual orientation, disability,
age or number of children to housing units which are being marketed
by a developer or sponsor of affordable housing. The affirmative marketing
plan is also intended to target those potentially eligible persons
who are least likely to apply for affordable units in that region.
It is a continuing program that directs all marketing activities toward
the COAH Housing Region in which the municipality is located and covers
the period of deed restriction.
B.
Delaware Township will have a regional preference for residents and
workers in Region 3 in its Affirmative Marketing Plan.
(1)
The administrative agent shall assure the affirmative marketing of
affordable units.
(2)
If the municipality does not designate a municipal staff person,
it shall contract with other experienced administrative agents approved
by COAH to administer the affirmative marketing plan. Where a municipality
contracts with another administrative agent to administer the affirmative
marketing plan, the municipality shall appoint a municipal housing
liaison, who shall supervise the contracting administrative agent.
In addition, where the contracting administrative agent is not responsible
for the entire affirmative marketing plan, the municipality shall
outline who or what municipal agent is responsible for the remaining
portion of the affirmative marketing plan. The municipality has the
ultimate responsibility for the proper administration of the affirmative
marketing program, including initial sales and rentals and resales
and rerentals.
(3)
In implementing the affirmative marketing plan, administrative agents
shall designate an experienced staff person approved by COAH 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.
(4)
The affirmative marketing plan shall describe the media to be used
in advertising and publicizing the availability of housing. In developing
the plan, the administrative agent shall consider the use of language
translations.
(5)
The affirmative marketing process for available affordable units
shall begin at least four months prior to expected occupancy.
(6)
Applications for affordable housing shall be available in several
locations, including, at a minimum, the county administrative building
and/or the county library for each county within the housing region;
the municipal administrative building(s) and the municipal library
in the municipality in which the units are located; and the developer's
sales office. Applications shall be mailed to prospective applicants
upon request.
(7)
COAH shall review and assess the effectiveness of Delaware's
affirmative marketing program.
No household may be referred to a restricted unit, or may receive
a commitment with respect to a restricted unit, unless that household
has received a signed and dated certification and has executed a certificate.
A.
The sources of income considered by the administrative agent shall
be the types of regular income reported to the Internal Revenue Service
and which can be used for mortgage loan approval.
B.
If the applicant household owns a primary residence with no mortgage
on the property valued at or above the regional asset limit as published
annually by COAH, a certificate of eligibility shall be denied unless
the applicant's existing monthly housing costs exceed 38% of
the household's eligible monthly income.
C.
The administrative agent shall employ a random selection process
when referring households for certification to affordable units.
A.
By submitting to the jurisdiction of COAH, a municipality shall be
deemed to have delegated to its administrative agent the day-to-day
responsibility for implementing practices and procedures designed
to ensure effective compliance with the controls set forth in this
chapter. The municipality, however, shall retain the ultimate responsibility
for ensuring effective compliance with this chapter.
B.
Administrative agent practices and procedures shall include, but
shall not necessarily be limited to, the following:
(1)
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.
(2)
Requiring that all certified applicants for restricted units execute
a certificate substantially in the form, as applicable, of either
the ownership or rental certificates.
(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)
If the unit is owner-occupied, that the unit may be resold only to
a household that has been approved in advance and in writing by the
administrative agent.
(5)
That no sale of the unit shall be lawful, unless approved in advance
and in writing by the administrative agent, and that no sale shall
be for a consideration greater than regulated maximum permitted resale
price, as determined by the administrative agent.
(6)
That no refinancing, equity loan, secured letter of credit, or any
other mortgage obligation or other debt secured by the unit may be
incurred except as approved in advance and in writing by the administrative
agent, and that at no time will the administrative agent approve any
debt, if incurring the debt would make the total of all such debt
exceed 95% of the then-applicable maximum permitted resale price.
(7)
That the owner of the unit shall at all times maintain the unit as
his or her principal place of residence, which shall be defined as
residing at the unit at least 260 days out of each calendar year.
(8)
That, except as set forth in N.J.A.C. 5:80-26.18(c)4vii, at no time
shall the owner of the unit lease or rent the unit to any person or
persons, except on a short-term hardship basis, as approved in advance
and in writing by the administrative agent.
(9)
That the maximum permitted rent chargeable to affordable tenants
is as stated in the notice required to be posted in accordance with
N.J.A.C. 5:80-26.18(d)3 of this chapter, a copy of which shall be
enclosed, and that copies of all leases for affordable rental units
must be submitted annually to the administrative agent.
(10)
No individual or owner shall permit any bank or other lending
institution from issuing any loan secured by the real property subject
to the affordability controls set forth in this chapter, if such loan
would be in excess of amounts permitted by the restriction documents
recorded in the deed or mortgage book in the county in which the property
is located.
Appeals from all decisions of an administrative agent appointed
pursuant to this chapter shall be filed in writing with the Executive
Director of COAH.
