[Added 5-22-2012 by Ord. No. 12-06]
The purpose of this article is to create the administrative
mechanisms needed for the execution of the Borough's responsibility
to assist in the provision of affordable housing pursuant to the Fair
Housing Act of 1985, N.J.S.A. 52:27D-301 et seq.
As used in this article, the following terms shall have the
meanings indicated:
The person or entity responsible for administering the affordability
controls of some or all rental units in the affordable housing program
for the Borough.
The Department of Community Affairs which is the state administrative
agency succeeding the Council on Affordable Housing or any successor
agency responsible for the administration of affordable housing under
the Fair Housing Act of 1985.
A developer of affordable housing either for sale or rent.
The employee charged by the Borough Council with the responsibility
for oversight and administration of the affordable housing program
for the Borough.
A.
There is hereby established the position of Municipal Housing Liaison
for the Borough of Raritan.
B.
The Municipal Housing Liaison shall be appointed by the Borough Council,
subject to the approval of DCA.
C.
The Municipal Housing Liaison shall be a Borough employee and may
be full- or part-time.
D.
The Municipal Housing Liaison shall be responsible for the oversight
and administration of the affordable housing program for the Borough,
including the following responsibilities:
(1)
Serving as the Borough'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's
Fair Share Plan;
(3)
Compiling, verifying, and submitting annual reports as required
by DCA;
(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 DCA;
E.
The Municipal Housing Liaison may act as the administrative agent
for some or all of the affordable units in the Borough as described
in this article.
F.
Each administrative agent shall be under the supervision of the Municipal
Housing Liaison.
G.
Compensation shall be fixed by the Borough Council from time to time.
A.
Rental units. Every developer of affordable rental housing in the
Borough shall provide for an administrative agent to exercise the
powers and perform the duties assigned to such administrative agents
in this article.
B.
For-sale units. Every developer of affordable housing for sale in
the Borough shall provide for an administrative agent to exercise
the powers and perform the duties assigned to such administrative
agents in this article until the sales of the developer's units are
completed.
A.
Affirmative marketing. administrative agents shall:
(1)
Conduct an outreach process to ensure affirmative marketing
of affordable housing units in accordance with the Affirmative Marketing
Plan of the Borough as part of this chapter and DCA regulations; and
(2)
Provide counseling or contract 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.
B.
Household certification. Administrative agents shall:
(1)
Solicit, schedule, conduct and follow up on interviews with
interested households;
(2)
Conduct interviews and obtain sufficient documentation of gross
income and assets upon which to base a determination of income eligibility
for the specific type of affordable unit;
(3)
Provide written notification to each applicant as to the determination
of eligibility or noneligibility;
(4)
Require 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 DCA regulations;
(5)
Create and maintain 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
(6)
Employ the random selection process as provided in the Affirmative
Marketing Plan of the Borough as part of this chapter when referring
households for certification to affordable units.
C.
Affordability controls for for-sale units. Administrative agents
shall:
(1)
Furnish to closing agents forms of deed restrictions and mortgages
for recording at the time of conveyance of title of each restricted
unit;
(2)
Create and maintain a file on each restricted unit for its control
period, including the recorded deed with restrictions, recorded mortgage
and note, as appropriate;
(3)
Ensure that the removal of the deed restrictions and cancellation
of the mortgage are effectuated and properly filed with the appropriate
county recording officer after the termination of the affordability
controls for each restricted unit;
(4)
Communicate with lenders regarding foreclosures; and
(5)
Ensure compliance with DCA regulations requiring continuing
certificates of occupancy.
D.
Publicizing availability of affordable units. Administrative agents
shall:
(1)
Institute and maintain an effective means of communicating information
between owners and the administrative agent regarding the availability
of restricted units for sale or rent; and
(2)
Institute and maintain an effective means of communicating information
to households qualifying for affordable housing regarding the availability
of affordable units for resale or rerental.
E.
Processing requests from unit owners. Administrative agents shall:
(1)
Review and approve requests from owners of restricted units
who wish to take out home equity loans or refinance during the term
of their ownership;
(2)
Review and approve 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; and
(3)
Process requests and make determinations on requests by owners
of restricted units for hardship waivers.
F.
Enforcement. Administrative agents shall:
(1)
Ensure, at least annually, that all affordable housing units
are lawfully occupied;
(2)
Secure 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;
(3)
Annually post a notice in all rental properties as to the maximum
permitted rent together with the telephone number of the administrative
agent where complaints of excess rent can be made;
(4)
Send annual mailings to all owners of affordable dwelling units,
reminding them of the notices and requirements outlined in DCA regulations;
(5)
Establish a program for diverting unlawful rent payments to
the municipality's Affordable Housing Trust Fund or other appropriate
municipal fund approved by DCA;
(6)
Create and publish a written operating manual, as approved by
DCA, setting forth procedures for administering such affordability
controls; and
(7)
Provide annual reports to DCA as required.
