[Adopted 8-13-2007 by Ord. No. 1370-2007 (Ch. 57 of the 1975
Code)]
The purpose of this article is to create the administrative
mechanisms needed for the execution of the Borough of Edgewater's
responsibility to assist in the provision of affordable housing pursuant
to the Fair Housing Act of 1985.
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 Edgewater 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 Edgewater.
A.
Establishment of position of Municipal Housing Liaison. There is
hereby established the position of Municipal Housing Liaison for the
Borough of Edgewater.
B.
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.
C.
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Borough of Edgewater, including the following responsibilities which may not be contracted out, exclusive of Subsection F, which may be contracted out:
(1)
Serving as the Borough of Edgewater'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 Edgewater'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; and
(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, the Borough of Edgewater 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 Edgewater, except for those responsibilities which may not be contracted out pursuant to Subsection C above. If the Borough of Edgewater 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.
F.
Administrative powers and duties assigned to the Municipal Housing
Liaison.
(1)
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.
(2)
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 re-rental.
(3)
Processing request 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.
(4)
Enforcement.
(a)
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; and
(b)
Providing annual reports to COAH as required.
(5)
The administrative agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
