[Added 4-26-1993 by Ord. No. 15-93; amended 3-17-1994 by Ord. No. 6-94; 4-6-2004 by Ord. No. 13-04; 9-12-2006 by Ord. No. 21-06; 11-21-2017 by Ord.
No. 23-17]
A.
It is the intent of this article to regulate the development and
management of low- and moderate-income housing units constructed in
compliance with the Housing Element of the Master Plan of the Township
of Jackson.
B.
Applicability. The provisions of this article shall apply:
(1)
To all affordable housing developments and affordable housing
units that currently exist within Jackson Township;
(2)
To all affordable housing developments and affordable housing
units that are proposed to be created pursuant to the Jackson Township
Housing Plan Element and Fair Share Plan;
(3)
To all unanticipated future developments that will provide affordable
housing for low- and moderate-income households; and
(4)
To any property in Jackson Township that is currently zoned
for nonresidential uses and that is subsequently rezoned for multifamily
residential purposes, and to all approvals for multifamily residential
development granted by the Jackson Planning Board or Zoning Board
of Adjustment, including approvals of use or density variances, site
plans, or subdivisions, and redevelopment projects subject to a redevelopment
plan adopted by the Township governing body governing the development
and redevelopment of designated areas in need of rehabilitation or
areas in need of redevelopment in the Township, including substantial
revisions to previously approved developments, where such rezoning,
approval or revision results in or increases the number of residential
units by five or more units.
As used in this article, the following terms shall have the
meanings indicated:
A sales price or rent level that is within the means of a
low- or moderate-income household as defined within N.J.A.C. 5:93-7.4,
and, 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, as
may be amended and supplemented, 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 may be amended and supplemented.
The entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
the Township of Jackson to ensure that the restricted units under
administration are affirmatively marketed and sold or rented, as applicable,
to only low- and moderate-income households.
A development included in or approved pursuant to the Housing
Element and Fair Share Plan or otherwise intended to address the Township's
fair share obligation, and includes, but is not limited to, an inclusionary
development, a municipal construction project or a one-hundred-percent
affordable housing development.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that:
All the residents of the development wherein the unit is situated
are 62 years of age or older; or
At least 80% of the units are occupied by one person who is
55 years of age or older; or
The development has been designated by the Secretary of the
United States Department of Housing and Urban Development as "housing
for older persons" as defined in Section 807(b)(2) of the Fair Housing
Act, 42 U.S.C. § 3607.
A plan submitted by the developer and approved by the affordable
housing administrator which shall identify the manner in which the
developer plans to develop, price, market and restrict the low- and
moderate-income dwelling units in accordance with this article.
Includes the transfer of ownership between husband and wife
and transfers of ownership between former spouses as a result of a
judicial decree of divorce or a 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 a transfer of ownership by court
order.
The unrestricted price of a low- or moderate-income housing
unit if sold at a current real estate market rate.
A residential housing development in which a percentage of
the housing units are reserved for low- and moderate-income households.
This term includes, but is not limited to: new construction, the conversion
of a nonresidential structure to residential use and the creation
of new affordable units through the gut rehabilitation or reconstruction
of a vacant residential structure.
Housing affordable according to Council on Affordable Housing
(COAH) standards for home ownership and rental costs and occupied
or reserved for occupancy by households with a gross household income
equal to 50% or less of the median gross household income for households
of the same size within the housing region in which the house is located
and subject to affordability controls.
Housing affordable according to Council on Affordable Housing
(COAH) standards for home ownership and rental costs and occupied
or reserved for occupancy by households with a gross household income
of more than 50% but less than 80% of the median gross household income
for households of the same size within the housing region in which
the house is located and subject to affordability control.
The employee charged by the governing body with the responsibility
for oversight and administration of the affordable housing program
for the Township of Jackson.
The difference between the controlled unit sale price and
the fair market value as determined at the date of the proposed contract
of sale after reasonable real estate broker fees have been paid.
Obligation of a seller exercising the repayment option to
pay 95% of the price differential to a municipality at closing for
use within the municipal housing plan.
The option of a seller of a low- or moderate-income unit
to sell a unit pursuant to N.J.A.C. 5:92-12.7 at a fair market value
subject to compliance with the terms of the repayment clause.
The percentage of housing units devoted to low- and moderate-income
households within an inclusionary development.
The receipt of any temporary or final certificate of occupancy.
Housing affordable according to the Council on Affordable
Housing (COAH) standards for home ownership and rental costs and occupied
or reserved for occupancy by households with a gross household income
of 30% or less of the median gross household income for households
of the same size within the housing region in which the house is located
and subject to affordability controls.
A.
Low- and moderate-income housing required.
(1)
Developers of the affordable housing (AH) sites, as designated
on the Zoning Map of the Township of Jackson, Ocean County, New Jersey,
shall be required to set aside the number of affordable units specified
in any existing valid approval and in accordance with the Housing
Element and Fair Share Plan.
B.
Fee required. Prior to the issuance of a certificate of occupancy
for an affordable housing unit, the developer of affordable housing
sites shall pay a fee to the Township to offset the costs of the services
of the affordable housing (AH) administrator. Said fee shall be the
prevailing fees charged by the Affordable Housing Management Service
of the New Jersey Department of Community Affairs for such services.
C.
Administration of affordable housing program.
(1)
Jackson Township is ultimately responsible for administering
the affordable housing program, including affordability controls and
the affirmative marketing plan in accordance with the regulations
of the Council on Affordable Housing pursuant to N.J.A.C. 5:93 et
seq. and the New Jersey Uniform Housing Affordability Controls pursuant
to N.J.A.C. 5:80-26 et seq.
(2)
Establishment of Municipal Housing Liaison position and compensation;
powers and duties.
(a)
Establishment of position of Municipal Housing Liaison. There
is hereby established the position of Municipal Housing Liaison for
the Township of Jackson.
(b)
Subject to the approval of the Council on Affordable Housing
(COAH) or the court, 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 Township of Jackson, including the following responsibilities which may not be contracted out, exclusive of Subsection C(2)(c)[6], which may be contracted out:
[1]
Serving as the Township of Jackson's primary point of contact
for all inquiries from the state, affordable housing providers, affordable
housing administrators, and interested households.
[2]
Monitoring the status of all restricted units in the Township
of Jackson's Fair Share Plan;
[3]
Compiling, verifying, and submitting annual reports as required
by COAH or the court;
[4]
Coordinating meetings with affordable housing providers and
affordable housing administrators, as applicable;
[5]
Attending continuing education opportunities on affordability
controls, compliance monitoring, and affirmative marketing as offered
or approved by COAH or the court;
(d)
Jackson Township will contract with or authorize a consultant, authority, government, or any other agency charged by the governing body, which entity shall have the responsibility for administering the affordable housing program of the Township of Jackson, except for those responsibilities that may not be contracted out pursuant to Subsection C(2)(c) above. If the Township of Jackson contracts with one or more affordable housing administrator(s) to administer some or all of the affordable housing program, including the affordability controls and/or the affirmative marketing plan, the Municipal Housing Liaison shall supervise the contracting affordable housing administrator.
(e)
Compensation. Compensation shall be fixed by the governing body
at the time of the appointment of the Municipal Housing Liaison.
(3)
Affordable housing administrator (AH administrator). The Township
of Jackson intends to contract with an affordable housing administrator
to administer the sale and rental of all new affordable housing. The
AH administrator will oversee and administer income qualification
of low- and moderate-income households; place income-eligible households
in low- and moderate-income units upon initial occupancy; place income-eligible
households in low- and moderate-income units as they become available
during the period of affordability controls and enforce the terms
of the required deed restrictions and mortgage loans. The AH administrator
will specifically administer and implement:
(a)
An administrative plan and program, and related monitoring and
reporting requirements as outlined in N.J.A.C. 5:80-26.15 et seq.
and N.J.A.C. 5:93 et seq.
(b)
A plan for certifying and verifying the income of low- and moderate-income
households per N.J.A.C. 5:80-26.16.
(c)
Procedures to assure that low- and moderate-income units are
initially sold or rented to eligible households and are thereafter
similarly resold and rerented during the period while there are affordability
controls as per N.J.A.C. 5:80-26 et seq.
(d)
The requirement that all newly constructed low- and moderate-income
sale or rental units contain deed restrictions with appropriate mortgage
liens as set forth in the appendixes in N.J.A.C. 5:80-26 et seq.
(e)
The several sales/purchase options authorized under N.J.A.C.
5:80-26 et seq., except that the Township retains the right to determine
by resolution whether or not to prohibit, as authorized under N.J.A.C.
5:80-26 et seq., the exercise of the repayment option.
A.
Building permits. No building permit(s) shall be issued for any development
within an affordable housing (AH) site without the submission and
approval of a developer's affordable housing plan by the AH administrator.
B.
Bedroom distribution.
(1)
Non-age-restricted AH sites. Affordable housing units within
AH sites that are not restricted to senior citizens shall have the
following distribution of bedroom types:
(a)
At a minimum, 30% of all low- and moderate-income units shall
be two-bedroom units;
(b)
At a minimum, 20% of low- and moderate-income units shall be
three-bedroom units; and
(c)
No more than 20% of all low- and moderate-income units may be
one-bedroom and efficiency units.
(d)
The remainder, if any, may be allocated as two-bedroom or three-bedroom
units at the discretion of the developer.
(2)
Age-restricted AH sites. Low- and moderate-income units restricted
to senior citizens may utilize a modified bedroom distribution. At
a minimum, the number of bedrooms shall equal the number of senior
citizen low- and moderate-income units within the inclusionary development.
The standards can be met by creating all one-bedroom units or by creating
a two-bedroom unit for each efficiency unit.
C.
Unit location.
(1)
Affordable housing units shall be situated on the development
tract in locations no less desirable than market-priced dwelling units
within the development and shall be equally accessible to common open
space, community facilities and shopping facilities.
(2)
Rental units may be concentrated for ownership and management
unit reasons.
(3)
The exterior design of the low- and moderate-income housing
units shall be harmonious in scale, texture, and materials with the
market-priced units on the tract.
(4)
Deed restrictions. Developers of housing units for low- and
moderate-income households shall enter into a written agreement, binding
on all successors-in-interest, in accordance with current COAH regulations
or court requirements for resale/rental control, at the time of sale,
resale, rental or rerental, regardless of the availability of federal,
state, county or Township subsidy programs.
(5)
In inclusionary developments, to the extent possible, low- and
moderate-income units shall be integrated with the market units.
D.
Phasing. Approval of the developer's affordable housing plan shall
be contingent upon the development, whether developed in one stage
or in two or more stages, meeting the following phasing schedule:
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
Percentage of Marketing Housing Units Completed
|
|---|---|
|
0%
|
25%
|
|
10%
|
25%, plus 1 unit
|
|
50%
|
50%
|
|
75%
|
75%
|
|
100%
|
90%
|
|
—
|
100%
|
E.
Occupancy selection.
(1)
The AH administrator shall designate an application period during
which applications to purchase or rent affordable housing units will
be accepted.
(2)
Applications shall be accepted only if submitted on an application
form prepared and/or approved by the AH administrator. Applications
shall be completely filled out and notarized. Knowingly or intentionally
making any false statement on a form shall be grounds for disqualifying
an applicant even if the applicant is otherwise eligible. The following
information shall be required:
(a)
A copy of IRS Form 1040A or 1040EZ (tax computation form) for
each of the three years prior to the date of the application.
(b)
A letter from all employers stating present annual income or
four consecutive pay stubs dated within 120 days of the interview
date.
(c)
A letter or appropriate reporting form verifying benefits, including
but not limited to social security or pension.
(d)
A letter or appropriate reporting form verifying any other sources
of income claimed by the applicant household.
(e)
Reports that verify income from assets to be submitted by banks
or other financial institutions managing trust funds, money market
accounts, stocks or bonds.
(f)
Reports that verify assets that do not earn regular income,
such as real estate and savings with delayed earnings provisions.
(3)
The AH administrator shall determine whether the applicant meets
the income and other requirements established in these regulations.
The review process for a prospective purchaser shall involve a credit
background report; to be an eligible applicant, the applicant shall
have an acceptable credit history such that there is a realistic possibility
that he will be approved for a mortgage.
(4)
The AH administrator will determine which eligible applicants shall be offered the opportunity to purchase or rent affordable housing units. Selection from among the eligible applicants shall be on a random basis, subject only to that size of household priority schedule established in Subsection E(6) below.
(5)
In the event that an application is determined by the AH administrator
to be ineligible for a low- or moderate-income unit, the applicant
may request reconsideration by the AH administrator. Such request
shall be made in writing within 10 days of receipt of notice of ineligibility
by the applicant. The AH administrator shall make a new eligibility
determination and provide the applicant with specific findings as
to the basis for such eligibility determination.
(6)
Occupancy standards.
(a)
In referring certified households to specific restricted units,
the administrative agent shall, to the extent feasible and without
causing an undue delay in the occupancy of a unit, strive to:
(7)
Waiting list. The AH administrator may establish a waiting list
for the remaining eligible applicants. After all the units are occupied,
the AH administrator may choose to accept new applications. If an
applicant is deemed eligible, the applicant shall be placed on the
waiting list at the bottom of the particular priority classification
for which the applicant qualifies. The AH administrator shall periodically
recertify the applicants on the waiting list to ensure that the list
remains current and that the applicants are still qualified for the
units to which they applied.
F.
Control periods for restricted ownership units and enforcement mechanisms.
(1)
Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each
restricted ownership unit shall remain subject to the requirements
of this article for a period of at least 30 years, until Jackson Township
takes action to release the unit from such requirements; prior to
such action, a restricted ownership unit must remain subject to the
requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
(2)
The affordability control period for a restricted ownership
unit shall commence on the date the initial certified household takes
title to the unit.
(3)
Prior to the issuance of the initial certificate of occupancy
for a restricted ownership unit and upon each successive sale during
the period of restricted ownership, the AH administrator shall determine
the restricted price for the unit and shall also determine the nonrestricted
fair market value of the unit based on either an appraisal or the
unit's equalized assessed value without the restrictions in place.
(4)
At the time of the initial sale of the unit, the initial purchaser
shall execute and deliver to the AH administrator 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 restrictions set forth in this article, 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.
(5)
The affordability controls set forth in this article shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
(6)
A restricted ownership unit shall be required to obtain a continuing
certificate of occupancy or a certified statement from the Construction
Official stating that the unit meets all code standards upon the first
transfer of title following the removal of the restrictions provided
under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
G.
Price restrictions for restricted ownership units, homeowners' association
fees and resale prices.
(1)
Price restrictions for restricted ownership units shall be in
accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
including:
(a)
The initial purchase price for a restricted ownership unit shall
be approved by the AH administrator;
(b)
The AH administrator 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 inclusionary developments shall provide
no distinction between the condominium or homeowners' association
fees and special assessments paid by low- and moderate-income purchasers
and those paid by market purchasers; and
(d)
The owners of restricted ownership units may apply to the AH
administrator to increase the maximum sales price for the unit on
the basis of anticipated capital improvements. Eligible capital improvements
shall be those that render the unit suitable for a larger household
or the addition of a bathroom.
H.
Buyer income eligibility.
(1)
Buyer income eligibility for restricted ownership units shall
be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
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.
(2)
Notwithstanding the foregoing, however, the AH administrator
may, upon approval by the Township Committee, and subject to the court's
approval, permit moderate-income purchasers to buy low-income units
in housing markets if the AH administrator determines that there is
an insufficient number of eligible low-income purchasers to permit
prompt occupancy of the units. All such low-income units to be sold
to moderate-income households shall retain the required pricing and
pricing restrictions for low-income units.
(3)
A certified household that purchases a restricted ownership
unit must occupy it as the certified household's principal residence
and shall not lease the unit; provided, however, that the AH administrator
may permit the owner of a restricted ownership unit, upon application
and a showing of hardship, to lease the restricted unit to another
certified household for a period not to exceed one year.
(4)
The AH administrator 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 particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowners' association fees, as applicable) does
not exceed 33% of the household's eligible monthly income.
I.
Limitations on indebtedness secured by ownership unit, subordination.
(1)
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the owner shall apply to the AH administrator for
a determination in writing that the proposed indebtedness complies
with the provisions of this section, and the AH administrator shall
issue such determination prior to the owner incurring such indebtedness.
(2)
With the exception of first purchase money mortgages, neither
an owner nor a lender shall at any time cause or permit the total
indebtedness secured by a restricted ownership unit to exceed 95%
of the maximum allowable resale price of the unit, as such price is
determined by the AH administrator in accordance with N.J.A.C. 5:80-26.6(b).
J.
Capital improvements to ownership units.
(1)
The owners of restricted ownership units may apply to the AH
administrator to increase the maximum sales price for the unit on
the basis of capital improvements made since the purchase of the unit.
Eligible capital improvements shall be those that render the unit
suitable for a larger household or that add an additional bathroom.
In no event shall the maximum sales price of an improved housing unit
exceed the limits of affordability for the larger household.
(2)
Upon the resale of a restricted ownership unit, all items of
property that are permanently affixed to the unit or were included
when the unit was initially restricted (e.g., refrigerator, range,
washer, dryer, dishwasher, wall-to-wall carpeting) shall be included
in the maximum allowable resale price. Other items may be sold to
the purchaser at a reasonable price that has been approved by the
AH administrator at the time of the signing of the agreement to purchase.
The purchase of central air conditioning installed subsequent to the
initial sale of the unit and not included in the base price may be
made a condition of the unit resale provided the price, which shall
be subject to ten-year, straight-line depreciation, has been approved
by the AH administrator. Unless otherwise approved by the AH administrator,
the purchase of any property other than central air conditioning shall
not be made a condition of the unit resale. The owner and the purchaser
must personally certify at the time of closing that no unapproved
transfer of funds for the purpose of selling and receiving property
has taken place at the time of or as a condition of resale.
K.
Control periods for restricted rental units.
(1)
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this article for a period of at least 30 years, until Jackson Township
takes action to release the unit from such requirements. Prior to
such action, a restricted rental unit must remain subject to the requirements
of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
(2)
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 Ocean County. A copy of the filed document shall be provided to
the AH administrator within 30 days of the receipt of a certificate
of occupancy.
(3)
A restricted rental unit shall remain subject to the affordability
controls of this article despite the occurrence of any of the following
events:
L.
Rent restrictions for rental units; leases.
(1)
A written lease shall be required for all restricted rental
units, and tenants shall be responsible for security deposits and
the full amount of the rent as stated on the lease. A copy of the
current lease for each restricted rental unit shall be provided to
the AH administrator.
(2)
No additional fees or charges shall be added to the approved
rent (except, in the case of units in an assisted living residence,
to cover the customary charges for food and services) without the
express written approval of the AH administrator.
(3)
Application fees (including the charge for any credit check)
shall not exceed 5% of the monthly rent of the applicable restricted
unit and shall be payable to the AH administrator to be applied to
the costs of administering the controls applicable to the unit as
set forth in this article.
(4)
No rent control ordinance or other pricing restriction shall
be applicable to either the market units or the affordable units in
any development in which at least 15% of the total number of dwelling
units are restricted rental units in compliance with this article.
M.
Tenant income eligibility.
(1)
Tenant income eligibility shall be in accordance with N.J.A.C.
5:80-26.13, as may be amended and supplemented, and shall be determined
as follows:
(a)
Very-low-income rental units shall be reserved for households
with a gross household income less than or equal to 30% of median
income;
(b)
Low-income rental units shall be reserved for households with
a gross household income less than or equal to 50% of median income;
and
(c)
Moderate-income rental units shall be reserved for households
with a gross household income less than 80% of median income.
(2)
The AH administrator shall certify a household as eligible for
a restricted rental unit when the household is a very-low-income household,
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 amended
and supplemented; provided, however, that this limit may be exceeded
if one or more of the following circumstances exists:
(a)
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;
(b)
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;
(c)
The household is currently in substandard or overcrowded living
conditions;
(d)
The household documents the existence of assets with which the
household proposes to supplement the rent payments; or
(e)
The household documents reliable anticipated third-party assistance
from an outside source such as a family member in a form acceptable
to the AH administrator and the owner of the unit.
(3)
The applicant shall file documentation sufficient to establish
the existence of the circumstances enumerated in this subsection with
the AH administrator, who shall counsel the household on budgeting.
N.
Maximum rents and sales prices.
(1)
In establishing rents and sales prices of affordable housing
units, the AH administrator shall follow the procedures set forth
in UHAC, utilizing the regional income limits established by COAH
or a successor entity.
(2)
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted rental units
shall be affordable to households earning no more than 52% of median
income.
(3)
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, provided that at least
10% of all low- and moderate-income rental units shall be affordable
to very-low-income households earning 30% or less of the regional
median household income.
(4)
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. In achieving this affordability average, moderate-income ownership
units must be available for at least three different sales prices
for each bedroom type, and low-income ownership units must be available
for at least two different sales prices for each bedroom type.
(5)
In determining the initial sales prices and rent levels for
compliance with the affordability average requirements for restricted
units other than assisted living facilities and age-restricted developments,
the following standards shall be used:
(a)
A studio shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one-and-one-half
person household;
(c)
A two-bedroom unit shall be affordable to a three-person household;
(d)
A three-bedroom unit shall be affordable to a four-and-one-half
person household; and
(e)
A four-bedroom unit shall be affordable to a six-person household.
(6)
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units in
assisted living facilities and age-restricted developments, the following
standards shall be used:
(7)
The initial purchase price for all restricted ownership units
shall be calculated so that the monthly carrying cost 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
homeowners' association fees do not exceed 28% of the eligible monthly
income of the appropriate size household as determined under N.J.A.C.
5:80-26.4, as may be amended and supplemented; 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 amended and supplemented.
(8)
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
size household, including an allowance for tenant-paid utilities,
as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented;
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 amended and supplemented.
(9)
Income limits for all units that are part of the Township's
Housing Element and Fair Share Plan and for which income limits are
not already established through a federal program exempted from the
Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26.1
shall be updated by the Township annually within 30 days of the publication
of determinations of median income by HUD as follows:
(a)
The income limit for a moderate-income unit for a household
of four shall be 80% of the HUD determination of the median income
for the Monmouth-Ocean, NJ HUD Metro FMR Area for a family of four.
The income limit for a low-income unit for a household of four shall
be 50% of the HUD determination of the median income for the Monmouth-Ocean,
NJ HUD Metro FMR Area for a family of four. The income limit for a
very-low-income unit for a household of four shall be 30% of the HUD
determination of the median income for the Monmouth-Ocean, NJ HUD
Metro FMR Area for a family of four. These income limits shall be
adjusted by household size based on multipliers used by HUD to adjust
median income by household size. In no event shall the income limits
be less than the previous year.
(10)
In establishing sale prices and rents of affordable housing
units, the administrative agent shall follow the procedures set forth
in UHAC, utilizing the regional income limits established by the Council:
(a)
The price of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region determined pursuant to Subsection N(9). In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price.
(b)
The rents of very-low-, low- and moderate-income units may be
increased annually based on the permitted percentage increase in the
housing consumer price index for the southern New Jersey area, upon
its publication for the prior calendar year. This increase shall not
exceed 9% in any one year. Rents for units constructed pursuant to
low-income housing tax credit regulations shall be indexed pursuant
to the regulations governing low-income housing tax credits.
O.
Requirements for affordable housing. Developments which include affordable
housing units shall be subject to the following provisions:
(1)
In accordance with N.J.S.A. 52:27D-329.1 (P.L. 2008, C. 46),
at least 13% of the affordable units provided within the Township
shall be reserved for very-low-income households, i.e., households
earning 30% or less of the median income, and of that amount at least
50% shall be reserved for very-low-income families (i.e., non-age-restricted
and not reserved for special needs populations). For developments
with eight or more affordable housing units on site, at least 13%
of all low- and moderate-income units shall be affordable to households
earning no more than 30% of median income. A minimum of 50% of these
units shall be reserved for very-low-income families.
(2)
Age restriction. The sales and rentals of not more than 25%
of the affordable housing units constructed within the Township may
be age-restricted to senior citizens as defined by and in accordance
with the Federal Fair Housing Act and as regulated by N.J.A.C. 5:92-14,
provided that no more than 25% of the total affordable housing units
constructed within the Township shall be age-restricted. A request
to age restrict housing units may only be granted after the Planning
Board or Board of Adjustment has received the consent of the Township
Committee. In designing its project, the applicant may propose constructing
the senior-citizen-restricted affordable units in the same building
or buildings in order to maximize the potential of preserving a more-tranquil
lifestyle for the senior citizen resident; and to the foregoing extent,
the requirement of integration of the affordable units with conventional
units is modified.
(3)
Low/moderate split and bedroom distribution of affordable housing
units.
(a)
The fair share obligation shall be divided equally between low-
and moderate-income units, except that where there is an odd number
of affordable housing units, the extra unit shall be a low-income
unit.
(b)
In each affordable development, at least 50% of the restricted
units within each bedroom distribution shall be low-income units.
(4)
Utilities.
(a)
Affordable units shall utilize the same type of heating source
as market units within an inclusionary development.
(b)
Tenant-paid utilities included in the utility allowance shall
be set forth in the lease and shall be consistent with the utility
allowance approved by the DCA for its Section 8 program.
(5)
Accessibility requirements.
(a)
The first floor of all restricted townhouse dwelling units and
all restricted units in all other multistory buildings shall be subject
to the technical design standards of the Barrier Free Subcode, N.J.A.C.
5:23-7, and the following:
[1]
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
[a]
An adaptable toilet and bathing facility on the
first floor; and
[b]
An adaptable kitchen on the first floor; and
[c]
An interior accessible route of travel on the first
floor; and
[d]
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
[e]
If not all of the foregoing requirements in this
subsection can be satisfied, then an interior accessible route of
travel must be provided between stories within an individual unit,
but if all of the foregoing requirements in this subsection have been
satisfied, then an interior accessible route of travel shall not be
required between stories within an individual unit; and
[f]
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 Jackson Township has collected
funds from the developer sufficient to make 10% of the adaptable entrances
in the development accessible:
[i]
Where a unit has been 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.
[ii]
To this end, the builder of restricted units shall
deposit funds within the Jackson Township Affordable Housing Trust
Fund sufficient to install accessible entrances in 10% of the affordable
units that have been constructed with adaptable entrances.
[iii]
The funds deposited under the terms of this subsection
shall be used by Jackson Township for the sole purpose of making the
adaptable entrance of an 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.
[iv]
The developer of the restricted units shall submit
a design plan and cost estimate to the Construction Official of Jackson
Township for the conversion of adaptable to accessible entrances.
[v]
Once the Construction Official has determined that
the design plan to convert the unit entrances from adaptable to accessible
meets the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7,
and that the cost estimate of such conversion is reasonable, payment
shall be made to the Jackson Township Affordable Housing Trust Fund.
[2]
Full compliance with the foregoing provisions 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.
P.
Alternative living arrangements.
(1)
The administration of an alternative living arrangement shall
be in compliance with N.J.A.C. 5:93-5.8 and the UHAC, with the following
exceptions:
(2)
With the exception of units established with capital funding
through a twenty-year operating contract with the Department of Human
Services, Division of Developmental Disabilities, alternative living
arrangements shall have at least thirty-year controls on affordability
in accordance with the UHAC, unless an alternative commitment is approved
by the court.
(3)
The service provider for the alternative living arrangement
shall act as the administrative agent for the purposes of administering
the affirmative marketing and affordability requirements for the alternative
living arrangement.
Q.
Enforcement of affordable housing regulations.
(1)
Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an owner, developer or tenant, the municipality
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, municipal fines, a requirement
for household recertification, acceleration of all sums due under
a mortgage, recoupment of any funds from a sale in the violation of
the regulations, injunctive relief to prevent further violation of
the regulations, entry on the premises, and specific performance.
(2)
After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
(a)
The municipality may file a court action pursuant to N.J.S.A.
2A:58-11 alleging a violation, or violations, of the regulations governing
the affordable housing unit. If the owner, developer or tenant is
found by the court to have violated any provision of the regulations
governing affordable housing units, the owner, developer or tenant
shall be subject to one or more of the following penalties, at the
discretion of the court:
[1]
Pursuant to N.J.S.A. 40:49-5, a fine of not more than $2,000
or imprisonment for a period not to exceed 90 days, or both. Each
and every day that the violation continues or exists shall be considered
a separate and specific violation of these provisions and not as a
continuing offense.
[2]
In the case of an owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment into the Jackson Township Affordable Housing Trust
Fund of the gross amount of rent illegally collected.
[3]
In the case of an owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment of an innocent tenant's reasonable relocation costs,
as determined by the court.
(b)
The municipality may file a court action in the Superior Court
seeking a judgment which would result in the termination of the owner's
equity or other interest in the unit, in the nature of a mortgage
foreclosure. Any judgment shall be enforceable as if the same were
a judgment of default of the first purchase money mortgage and shall
constitute a lien against the low- and moderate-income unit.
(3)
Such judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any first purchase money mortgage and prior liens and
the costs of the enforcement proceedings incurred by the municipality,
including attorneys' fees. The violating owner shall have the right
to possession terminated as well as the title conveyed pursuant to
the Sheriff's sale.
(4)
The proceeds of the Sheriff's sale shall first be applied to
satisfy the first purchase money mortgage lien and any prior liens
upon the low- and moderate-income unit. The excess, if any, shall
be applied to reimburse the municipality for any and all costs and
expenses incurred in connection with either the court action resulting
in the judgment of violation or the Sheriff's sale. In the event that
the proceeds from the Sheriff's sale are insufficient to reimburse
the municipality in full as aforesaid, the violating owner shall be
personally responsible for and to the extent of such deficiency, in
addition to any and all costs incurred by the municipality in connection
with collecting such deficiency. In the event that a surplus remains
after satisfying all of the above, such surplus, if any, shall be
placed in escrow by the municipality for the owner and shall be held
in such escrow for a maximum period of two years or until such earlier
time as the owner shall make a claim with the municipality for such.
Failure of the owner to claim such balance within the two-year period
shall automatically result in a forfeiture of such balance to the
municipality. Any interest accrued or earned on such balance while
being held in escrow shall belong to and shall be paid to the municipality,
whether such balance shall be paid to the owner or forfeited to the
municipality.
(5)
Foreclosure by the municipality due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the Sheriff's sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the Sheriff's sale shall not be entitled to any right of redemption.
(6)
If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the first purchase money mortgage and any
prior liens, the municipality may acquire title to the low- and moderate-income
unit by satisfying the first purchase money mortgage and any prior
liens and crediting the violating owner with an amount equal to the
difference between the first purchase money mortgage and any prior
liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the low- and moderate-income
unit could have been sold under the terms of the regulations governing
affordable housing units. This excess shall be treated in the same
manner as the excess which would have been realized from an actual
sale as previously described.
(7)
Failure of the low- and moderate-income unit to be either sold
at the Sheriff's sale or acquired by the municipality shall obligate
the owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the municipality, with such
offer to purchase being equal to the maximum resale price of the low-
and moderate-income unit as permitted by the regulations governing
affordable housing units.
(8)
The owner shall remain fully obligated, responsible and liable
for complying with the terms and restrictions of governing affordable
housing units until such time as title is conveyed from the owner.
