[HISTORY: Adopted by the Township Committee of the Township
of Liberty 8-5-2004 by Ord. No. 04-06. Amendments noted where applicable.]
A.
This chapter is intended to facilitate ways in which housing rehabilitation
and new construction can be provided for low- and moderate-income
households within the Township of Liberty in order for the Township
to meet its housing obligations as determined by the New Jersey Council
on Affordable Housing (COAH).
B.
It is intended to provide technical and financial assistance to eligible
homeowners for rehabilitating homes occupied by low- or moderate-income
households.
C.
It is intended to provide a vehicle for eligible homeowners to gain
access to the loans and/or grants from the Liberty Township Housing
Trust Fund.
D.
Funding for rehabilitation shall be through grant programs sponsored
by the State of New Jersey Department of Community Affairs and/or
funding from the Housing Trust Fund and/or other sources not yet determined.
A.
Words and phrases defined in the Fair Housing Act, the Municipal
Land Use Law (40:55D-1 et seq.) and in the Substantive Rules of the
Council on Affordable Housing (COAH) (N.J.A.C. 5:93-1.3) shall be
incorporated in this chapter as if written herein.
B.
FAIR HOUSING PROGRAM
GROSS INCOME
HOUSING ADMINISTRATOR
HOUSING TRUST FUND
INCLUSIONARY DEVELOPMENT
INDIGENOUS HOUSING NEED
MUNICIPAL SPONSOR
REHABILITATION
Words defined. As used in this chapter, the following terms shall
have the meanings indicated:
The program provided under the terms of this chapter.
The total income of all members of an applicant's household,
including but not limited to, wages, tips, interest, dividends and
retirement programs.
The Township Clerk/Administrator or his/her designee.
The Liberty Housing Trust Fund established for the financing
of low- and moderate-income housing rehabilitation and development.
A development which is a mix of dwelling units which sell
or rent at market value and those which sell or rent at a reduced
value based on allowable spending limits for low- and moderate-income
families as determined by the Council on Affordable Housing.
Deficient housing units occupied by low- and moderate-income
households within a municipality.
A municipality which has involved itself in actual production
of new, low- and/or moderate-income housing.
The restoration of a deficient or substandard dwelling unit
to a safe and sanitary condition as provided for under the terms of
this chapter.
A.
Eligibility. Only owners of dwelling units within Liberty Township
shall be eligible for rehabilitation assistance offered by this chapter.
(1)
The homeowner, as a member of either a low- or moderate-income household
who lives in the dwelling unit to be rehabilitated, or an owner who
rents the dwelling unit to be rehabilitated to either a low- or moderate-income
household shall be eligible for the assistance offered under this
chapter, provided the owner agrees to rent the rehabilitated dwelling
unit to a low- or moderate-income household for the required minimum
period of time and at a rate which follows COAH guidelines. Proof
of income of the household occupying the rehabilitated unit shall
be required by the housing administrator.
(2)
Deficient or substandard dwelling units.
(a)
A dwelling unit proposed to be rehabilitated shall be located
in the Township of Liberty and shall be considered deficient or substandard
as determined by the housing administrator. To qualify as deficient,
the unit must have a minimum of two of the following characteristics:
[1]
Constructed prior to 1940.
[2]
Be occupied by more than one person per room.
[3]
Not have a private entranceway to the dwelling unit.
[4]
Not have exclusive access to complete plumbing facilities meeting
the health and sanitary codes of the Township of Liberty.
[5]
Not have adequate kitchen facilities such as piped water, a
safe, operating stove or an operating refrigerator.
(b)
A unit shall be considered substandard if it has deficiencies
that violate the United States Department of Housing and Urban Development
(HUD) Section 8 Existing Housing Quality Standards.
(3)
The rehabilitation will, upon completion, result in a safe and sound
dwelling unit meeting all health and safety code requirements as certified
through the issuance of a certificate of occupancy.
(4)
The homeowner must agree, in writing, to comply with all requirements
of this chapter and the rules and regulations established by COAH
and other applicable ordinances of the Township of Liberty at the
time the agreement for the assistance offered by this chapter is signed.
B.
Effect on homeowner. Owners who secure financial assistance under
the terms of this chapter shall be entitled to the following rights
and shall undertake the following obligations:
(1)
The right to apply for and receive special property tax assessment
treatment in accordance with applicable state law.
(2)
The obligation to place a deed restriction on the property specifying
that only low- or moderate-income households may occupy the designated
dwelling unit. The deed restriction shall take effect on the date
the application is approved and money has been made available for
the rehabilitation project. The deed restriction shall be in effect
for six years for owner-occupied units and 10 years for renter-occupied
as per N.J.A.C. 5:93-5.2(g). The beginning of the restricted time
period shall be from the date the certificate of occupancy is issued
following completion of the rehabilitation work. Sale of the deed
restricted property shall not affect the deed restriction.
(3)
The obligation to sell or rent the dwelling unit at prices within
the range of affordability as set forth by COAH for the period of
the deed restriction. Increases in the affordability controls may
be granted upon written application to and review by the housing administrator
assuring compliance with COAH's requirements for changes in the
affordability controls.
C.
Penalties for noncompliance. No financial assistance from the Housing
Trust Fund shall be disbursed to any applicant without full compliance
with the requirements of this chapter and other applicable regulations.
Any person who violates or who fails to comply with this chapter or
the other applicable regulations shall be penalized no more than $1,000
and/or jailed no longer than one year and, as part of the penalty,
shall make restitution of any and all funds paid from the Housing
Trust Fund. Nothing herein shall prevent the Township of Liberty from
taking such other lawful action as is necessary to prevent or remedy
any violation.
Under this section, Liberty Township undertakes to actively
market through advertising in the media, distributing flyers, etc.,
the availability of rent or sales price restricted units which are
to be made available to low- and moderate-income households. The housing
administrator is responsible for these activities.
A.
Staff.
(1)
The housing administrator shall perform the following duties:
(a)
Conducting an affirmative marketing program:
[1]
Mailing to all homeowners at least once a year an announcement
of the fair housing program. This announcement shall include an explanation
of the eligibility requirements as well as the procedures for making
application for rehabilitation assistance under the program.
[2]
Conducting at least one well publicized public meeting to outline
and answer questions about the fair housing program.
[3]
Issuing periodic press releases to inform the public of news
related to the fair housing program and to promote interest in the
program.
[4]
Preparation of information/application packets for distribution
to interested homeowners.
(b)
Preparation of the necessary applications, financial statements,
a summary of the commitments to the rules and regulations of the program
and such other forms to be executed in administering the program.
The final set of forms and documents prepared by the housing administrator
shall be approved by the Township Clerk/Administrator. The appropriate
forms shall include, along with other data deemed appropriate, proof
of ownership, income qualifications of the occupants of the rehabilitated
unit, the deed restrictions and the time period for affordability
controls applicable to the property, a description of the work to
be performed, the total cost of the work, how much will be a loan
and how much a grant as well as the method of repaying any loan.
(c)
Determining the eligibility of the applicant based on the requirements
of this chapter and the data provided on the forms required as part
of the application procedure.
(d)
Maintenance of an updated file on available governmental and
nongovernmental programs for financial assistance for low- and moderate-income
households, including eligibility requirements, application forms,
filing deadlines and whether funding is currently available.
(e)
Providing technical assistance to eligible low- or moderate-income
applicants to apply for financial assistance for housing rehabilitation
from state and federal programs and from the Housing Trust Fund.
(f)
Determining the deficiencies of an applicant's dwelling
unit and submit the findings in writing to be kept on file as part
of the application.
(g)
Maintaining a list of approved contractors based upon satisfactory
references on past work performed and on satisfactory credit ratings.
(h)
Determining whether the proposed work to be performed meets
the parameters of this chapter and whether the cost to complete that
work is reasonable. Said determination shall be in writing and kept
on file as part of the application.
(i)
Conducting appropriate, periodic inspections of the work being
done and, when satisfactorily completed, issue a certificate of compliance
bearing the date the certificate was issued. A copy of this certificate
shall be kept as part of the file on the application.
(j)
Preparation and periodic presentation (at least once a year)
to the Township Clerk/Administrator of a report on the number and
type of rehabilitation applications received and the amount of technical
assistance provided by the housing administrator. The report shall
contain, at a minimum:
(k)
Maintaining regular office hours to be available to meet with
interested homeowners.
(2)
The housing administrator can call upon the following municipal employees
to aide in carrying out this chapter:
(3)
The housing administrator can obtain the services of professional
consultants, if deemed to be needed, and confirmed by the proper Township
Officials.
B.
Funding.
(1)
The Township shall include in its annual budget sufficient funds
to pay for the costs of administering this chapter. The money expended
for preparing and implementing this chapter shall, in accordance with
the Fair Housing Act, be considered a mandated expenditure exempt
from the limitations on final appropriations imposed pursuant to P.L.
1976, c. 68 (N.J.S.A. 40A:4-45.1 et seq.).
(3)
State and federal funds shall be disbursed according to the rules
and regulations of the agency administering the funds.
(4)
Housing Trust Fund monies shall be available for housing rehabilitation.
The funds shall be disbursed as grants for rehabilitating deficient
dwelling units owned or occupied by low-income households. The funds
shall be disbursed as loans bearing 2% simple interest for rehabilitating
deficient dwelling units owned and occupied by moderate-income households
or deficient dwelling units owned by an absentee landlord but occupied
by either a low- or moderate-income household.
(5)
The above loans may be disbursed to a qualified resident homeowners
who agree to a lien on the property for repayment of the loan, plus
accrued interest. The loan and interest shall be repaid as determined
by the Township housing administrator and the homeowner. Where the
property is sold or transferred prior to the loan being repaid, the
entire remaining balance of the loan, plus accrued interest, shall
be paid to the Housing Trust Fund at the time of transfer.
A.
Application. Applications and other required forms shall be made
available at the office of the housing administrator. Technical assistance
shall be available from that office to assist applicants in completing
and submitting an application. There shall be no fee for filing an
application.
B.
Review.
(1)
The housing administrator shall determine the completeness of the
application.
(2)
Upon a determination of completeness, the housing administrator shall
determine whether the applicant meets the eligibility criteria.
(3)
Upon a determination that the applicant is eligible under the program,
the housing administrator shall inspect the property to determine
whether it qualifies as deficient under this chapter.
(4)
Upon a determination that the dwelling unit is deficient, the housing
administrator shall cause a written description of the work required
to be completed in order to meet the criteria of this chapter and
related health and safety codes and submit a copy to the applicant
and retain one copy to be kept as part of the applicant's file.
It shall be prepared by an individual qualified to make such written
description.
(5)
Upon receipt of this description of the work required to be completed,
the applicant shall:
(a)
Indicate any discrepancies or omissions in writing to the housing
administrator. The housing administrator shall review the applicant's
comments and provide a written response, including any appropriate
adjustments to the original report. A copy of this response shall
be submitted to the applicant with a copy to be kept as part of the
applicant's file.
(6)
Following the final determination of the work to be performed and
acceptance by the homeowner, the housing administrator shall seek
written proposals, together with the cost to complete the work, from
appropriate qualified contractors. A list of these contractors shall
be kept in the office of the housing administrator. The housing administrator
shall recommend a contractor based upon completeness of the proposal
and the lowest overall cost submitted. This recommendation shall be
submitted to the applicant for review and concurrency.
C.
Action on the application.
(1)
Upon review of the contractor's written proposal and cost estimate,
the housing administrator shall either approve, disapprove or modify
the proposal as might be appropriate to meet the requirements of the
applicable ordinances and requirements of this program and the judgment
of both as to the reasonableness of the cost. If the proposal is modified
or disapproved, the applicant and the contractor may meet with the
housing administrator to make appropriate modifications until the
application is approved.
(2)
Upon approval of the work to be performed and the related cost, together
with the eligibility of the applicant, all contracts shall be executed.
(a)
The contract between the applicant and the Township of Liberty
and/or other governmental agencies covering the amount of the loan,
the purpose of the loan, the deed restrictions and affordability controls,
payback requirements for any loans, penalties for noncompliance and
such other requirements of the program as required by law.
(b)
The contract between the contractor and the applicant outlining
the work to be performed, the cost and the time of performance.
(3)
All payments which require expenditures from the Township Housing Trust Fund shall be made by the Township to the contractor in accordance with the provisions of the contract outlined in Subsection C(2)(b) above, subject to a guarantee that the money will go toward completion of the work included in the application and the contract. Any agreements with state and/or federal agencies will be conditioned upon the criteria of those agencies.
(4)
Following completion of the work, the housing administrator shall
inspect the dwelling unit and certify whether or not the work has
been satisfactorily completed. If the work is sufficient, a certificate
of compliance shall be issued. If the work is insufficient, the contractor
shall be notified and given 90 days to remedy the conditions cited.
If the conditions are not corrected within 90 days, the housing administrator
shall be authorized to either use remaining funds of the guarantee
or such other remedies as appropriate to complete the work in a satisfactory
manner.
This portion of this chapter regulates the provision of new low- and moderate-income housing units. It includes units which may be for sale or for rent. This section outlines the requirements of the Council on Affordable Housing with regard to allowable costs, marketing efforts and the mix of unit types to be provided in any inclusionary development. Liberty Township has zoned an area of the Township as MFD, Multifamily Dwelling Zone. This zone, in addition to single-family dwellings, allows for townhouses and other vertically separated attached housing as part of a planned residential development. The required conditions for such a development are discussed in Chapter 90, Article IV, Multifamily Development and Planned Residential Development, of the Code of the Township of Liberty, New Jersey. In order to develop at the gross density allowed, four units to the acre, the applicant must have the minimum tract of 25 acres and the provision of potable water and sewer collection infrastructure and the means of treating sewer effluent. As part of the approval process for a planned residential development, the Township will require that 10% of the units proposed will be set aside for low- and moderate-income households.
A.
Affordability controls. In accordance with COAH standards, affordability
controls shall be based on two-person households for one-bedroom units,
three-person households for two-bedroom units and five-person households
for three-bedroom units.
B.
Rent controls.
(1)
Rents shall not exceed 30% of the published income limits for households of the sizes indicated in Subsection A above and these rent limits shall include utilities to be paid by the tenant.
(2)
Rents may be increased annually based on the percentage increase
in the housing consumer price index for the United States in accordance
with N.J.A.C. 5:93-9.15.
C.
Length of controls on affordability. Affordability controls for owner-occupied
buildings which have been rehabilitated to incorporate new rental
units shall be for a period of six years. Rental rehabilitated dwelling
units which are not owner-occupied shall be restricted as to affordability
both from the standpoint of income and rent for a period of 10 years.
This section of the Liberty Township Code sets forth regulations
regarding low- and moderate-income housing units in Liberty Township
that are consistent with the provisions of N.J.A.C. 5:93 et seq. as
effective on January 5, 1998. These rules are pursuant to the Fair
Housing Act of 1985 and Liberty Township's constitutional obligation
to provide for its fair share of low- and moderate-income housing.
Liberty Township's new construction or inclusionary component
will be divided equally between low- and moderate-income households
as per N.J.A.C. 5:93-2.20. Except for inclusionary developments constructed
pursuant to low income tax credit regulations; at least half of all
units within each inclusionary development will be affordable to low-income
households; at least half of all rental units will be affordable to
low-income households; at least 1/3 of all units in each bedroom distribution
pursuant to N.J.A.C. 5:93-7.2(c) will be affordable to low-income
households.
A.
Inclusionary developments that are not restricted to senior citizens
will be structured in conjunction with realistic market demands pursuant
to N.J.A.C. 5:93-7.3 so that:
(1)
The combination of efficiency and one-bedroom units is at least 10%
and no greater than 20% of the total low- and moderate-income units.
(2)
At least 30% of all low- and moderate-income units are two-bedroom
units.
(3)
At least 20% of all low- and moderate-income units are three-bedroom
units.
(4)
Low- and moderate-income units restricted to senior citizens may
utilize a modified bedroom distribution and, at a minimum, the number
of bedrooms will equal the number of senior citizen low- and moderate-income
units within the inclusionary development.
B.
In conjunction with realistic market information, the following criteria
will be used in determining maximum rents and sale prices:
(1)
Efficiency units will be affordable to one-person households.
(2)
One-bedroom units will be affordable to 1.5 person households.
(3)
Two-bedroom units will be affordable to three-person households.
(4)
Three-bedroom units will be affordable to 4.5 person households.
(5)
Median income by household size will be established by a regional
weighted average of the uncapped Section 8 income limits published
by HUD as per N.J.A.C. 5:93-7.4(b).
(6)
The maximum average rent and price of low- and moderate-income units
within each inclusionary development will be affordable to households
earning 57.5% of median income.
(7)
Moderate-income sales units will be available for at least three
different prices and low-income sales units will available for at
least two different prices.
(8)
For both owner-occupied and rental units, the low- and moderate-income
units will utilize the same heating source as market units within
an inclusionary development.
(9)
Low-income units will be reserved for households with a gross household
income less than or equal to 50% of the median income approved by
COAH; moderate-income units will be reserved for households with a
gross household income less than 80% of the median income approved
by COAH as per N.J.A.C. 5:93-9.16.
(10)
The regulations outlined in N.J.A.C. 5:93.15 and 5:93.16 will be
applicable for purchased and rental units.
C.
For rental units, developers and/or municipal sponsors may:
(1)
Establish one rent for a low-income unit and one for a moderate-income
unit for each bedroom distribution; and
(2)
Gross rents, including an allowance for tenant-paid utilities, will
be established so as not to exceed 30% of the gross monthly income
of the appropriate household size as per N.J.A.C. 5:93-7.4(a). The
tenant-paid utility allowance will be consistent with the utility
allowance approved by HUD for use in New Jersey.
D.
For sale units.
(1)
The initial price of a low- and moderate-income owner-occupied single-family
housing unit will be established so that after a down payment of 5%,
the monthly principal, interest, homeowner and private mortgage insurance,
property taxes (based on the restricted value of the low- and moderate-income
units) and condominium or homeowner fee do not exceed 28% of the eligible
gross monthly income.
(2)
Master deeds of inclusionary developments will regulate condominium
or homeowner association fees or special assessments of low- and moderate-income
purchasers at 40% of those paid by market purchasers. This 40% is
consistent with the requirement of N.J.A.C. 5:93-7.4(e). Once established
within the master deed, the 40% will not be amended without prior
approval from COAH.
(3)
The Township of Liberty will follow the general provisions concerning
uniform deed restriction liens and enforcement through certificates
of occupancy or reoccupancy on sale units as per N.J.A.C. 5:93-9.3.
(4)
The Township of Liberty will require a certificate of reoccupancy
for any occupancy of a low- or moderate-income sales unit resulting
from a resale as per N.J.A.C. 5:93-9.3(c).
(5)
Municipal, state, nonprofit and seller options regarding sale units
will be consistent with N.J.A.C. 5:93-9.5 — 9.8. Municipal rejection
of repayment options for sale units will be consistent with N.J.A.C.
5:93-9.9.
(6)
The continued application of options to create, rehabilitate or maintain
low- and moderate-income sale units will be consistent with N.J.A.C.
5:93-9.10.
(7)
Eligible capital improvements prior to the expiration of controls
on sale units will be consistent with N.J.A.C. 5:93-9.11.
(8)
The regulations detailed in N.J.A.C. 5:93-9.12 through 5:93.14 will
be applicable to low- and moderate-income units that are for sale
units.
E.
In zoning for inclusionary developments, the following is required:
(1)
Low- and moderate-income units will be built in accordance with N.J.A.C.
5:93-5.6(d):
|
Minimum Percent of Low/Moderate Income Units Completed
|
Percent of Market Housing Units Completed
| |
|---|---|---|
|
0%
|
25%
| |
|
10%
|
25%, plus one unit
| |
|
50%
|
50%
| |
|
75%
|
75%
| |
|
100%
|
90%
| |
|
100%
|
(2)
A design of inclusionary developments that integrates low- and moderate-income
units with market units is encouraged as per N.J.A.C. 5:93-5.6(f).
F.
Development fee regulations are specified in 5:93-8 of COAH's
Substantive Rules. Liberty Township may adopt an ordinance in conformance
with the above section.
G.
To provide assurances that low- and moderate-income units are created
with controls on affordability over time and that low- and moderate-income
households occupy these units, Liberty Township will designate the
housing administrator with the responsibility of ensuring the affordability
of sales and rental units over time. The housing administrator of
Liberty Township housing program will be responsible for those activities
detailed in N.J.A.C. 5:93-9.1(a).
(1)
The Liberty Township housing program will be responsible for utilizing
the verification and certification procedures outlined in N.J.A.C.
5:93-9.1(b) in placing households in low- and moderate-income units.
(2)
Newly constructed low- and moderate-income sales units will remain
affordable to low- and moderate-income households for at least 30
years. The Liberty Township housing program will require all conveyances
of newly constructed units to contain the deed restriction and mortgage
lien adopted by COAH and referred to as Technical Appendix E as found
in N.J.A.C. 5:93.
(3)
Housing units created through the conversion of a nonresidential
structure will be considered a new housing unit and will be subject
to thirty-year controls on affordability. The Liberty Township housing
program will require COAH's appropriate deed restriction and
mortgage lien.
H.
Regarding rehabilitated units, as per N.J.A.C. 5:93-5.2(g):
(1)
Rehabilitated owner-occupied single-family housing units that are
improved to code standard will be subject to affordability controls
for at least six years.
(2)
Rehabilitated renter-occupied housing units that are improved to
code standard will be subject to affordability controls for at least
10 years.
I.
Regarding rental units, newly constructed low- and moderate-income
rental units will remain affordable to low- and moderate-income households
for at least 30 years. The Liberty Township housing program will require
the deed restriction and lien and deed of easement referred to as
Technical Appendix H as found in N.J.A.C. 5:93.
(1)
Affordability controls in accessory apartments will be for a period
of at least 10 years as per N.J.A.C. 5:93-5.9 except, if the apartment
is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.15,
then the controls on affordability will extend for 30 years.
(2)
Alternative living arrangements will be controlled in a manner suitable
to COAH as per N.J.A.C. 5:93-5.8 which provides assurances that such
a facility will house low- and moderate-income households for at least
10 years except, if the alternative living arrangement is to receive
a rental bonus credit pursuant to N.J.A.C. 5:93-5.15, then the controls
on affordability will extend for 30 years.
(3)
Section 14(b) of the Fair Housing Act, N.J.S.A. 52:27D-301 et seq.,
incorporates the need to eliminate unnecessary cost-generating features
from Liberty Township's land use ordinances. Accordingly, Liberty
Township will eliminate development standards that are not essential
to protect the public welfare and to expedite or fast track municipal
approvals/denials on inclusionary development applications. Liberty
Township will adhere to the components of N.J.A.C. 5:93-10.1 through
5:93-10.3.
J.
The Township of Liberty has a COAH 1987 — 1999 fair share obligation
of 26 units of which four are new construction. This chapter incorporates
an affirmative marking plan which will apply to all future developments
that contain proposed low- and moderate-income units.
(1)
The affirmative marketing plan is a regional marketing strategy designed
to attract buyers and/or renters of all majority and minority groups,
regardless of sex, age or number of children, to housing units which
are being marketed by a developer/sponsor, municipality and/or designated
administrative agency of affordable housing. The plan will address
the requirements of N.J.A.C. 5:93-11. In addition, the plan prohibits
discrimination in the sale, rental, financing or other services related
to housing on the basis of race, color, sex, religion, handicap, age,
familial status/size or national origin. The Township of Liberty is
in the housing region consisting of Morris, Essex, Union and Warren
Counties. The affirmative marketing program is a continuing program
and will meet the following requirements. All newspaper articles,
announcements and requests for applications for low- and moderate-income
units will appear in the following daily regional newspapers/publications.
(2)
The primary marketing will take the form of at least one press release
sent to the above publications and a paid display advertisement in
each of the above newspapers. Additional advertising and publicity
will be on an "as needed" basis. The advertisements will include a
description of the:
(3)
All newspaper articles, announcements and requests for applications
for low- and moderate-income housing will appear in neighborhood-oriented
weekly newspapers, religious publications and organizational newsletters
within the region (as they may exist at the time).
(5)
The following is the location of applications, brochure(s), sign(s)
and/or poster(s) used as part of the affirmative marketing program,
including specific employment centers within the region:
(6)
The following is a listing of community contact person(s) and/or
organization(s) in Morris, Essex, Union and Warren Counties that will
aid in the affirmative marketing program with particular emphasis
on contracts that will reach out to groups that are least likely to
apply for housing within the region:
(a)
To be determined at the time of need.
(7)
Quarterly flyers and applications will be sent to each of the following
agencies for publication in their journals and for circulation among
their members: Board of Realtors in Morris, Essex, Union and Warren
Counties.
(8)
Applications will be mailed to prospective applicants upon request.
(9)
Additionally, quarterly informational circulars and applications
will be sent to the chief administrative employees of each of the
following agencies in the counties of Morris, Essex, Union and Warren:
K.
The following is a description of the random selection method that
will be used to select occupants of low- and moderate-income housing:
(1)
Applicants will be qualified and provided opportunity on a first-come-first-served basis within each category (low income and moderate income) as modified by Subsection L below.
(2)
The Liberty Township housing program is the agency under contract
with the Township of Liberty to administer the affirmative marketing
program. The Liberty housing program has the responsibility to income
qualify low- and moderate-income households; to place income eligible
households in low- and moderate-income units upon initial occupancy;
to provide for the initial occupancy of low- and moderate-income units
with income qualified households; to continue to qualify households
for reoccupancy of units as they become vacant during the period of
affordability controls; to assist with advertising and outreach to
low- and moderate-income households; and to enforce the terms of the
deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1. The housing
administrator within Liberty Township is the designated housing officer
to act as administrator of the Liberty Township housing program. The
Liberty Township housing program will 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.
(3)
Households who live or work in the COAH-established housing region
may be given preference for sales and rental units constructed within
that housing region. Applicants living outside the housing region
will have an equal opportunity for units after regional applicants
have been initially serviced. Liberty Township intends to comply with
N.J.A.C. 5:93-11.7.
(4)
All developers of low- and moderate-income housing units will be
required to assist in the marketing of the affordable units in their
respective developments.
(5)
The marketing program will comment at least 120 days before the issuance
of either temporary or permanent certificates of occupancy. The marketing
program will continue until all low- and moderate-income housing units
are initially occupied and for as long as affordable units are deed
restricted and occupancy or reoccupancy of units continues to be necessary.
(6)
The Liberty Township Program will comply with monitoring and reporting
requirements as per N.J.A.C. 5:93-11.6 and 5:93-12.1.
L.
Liberty Township has previously undertaken a rehabilitation program
to rehabilitate substandard housing units occupied by low- and moderate-income
households. Future rehabilitation programs will be administered by
the Liberty Township housing administrator. The Liberty Township housing
administrator will prepare a marketing plan for the rehabilitation
program. The rehabilitation program will be consistent with N.J.A.C.
5:93-5.2(b) through 5:93-5.2(l).
