A.
This
section of the Borough Code sets forth regulations regarding the low-
and moderate-income housing units in the Borough consistent with the
provisions known as the "Substantive Rules of the New Jersey Council
on Affordable Housing," N.J.A.C. 5:93 et seq.;[1] the Uniform Housing Affordability Controls (UHAC), N.J.A.C.
5:80-26.1 et seq., except where modified by the terms of a settlement
agreement between the Borough and Fair Share Housing Center (FSHC)
such that the statutory requirement to provide very-low-income units
equal to 13% of affordable units approved and constructed after July
1, 2008, to be affordable to households at 30% of the regional median
income, overrides the UHAC requirement that 10% of all low- and moderate-income
units must be affordable at 35% of the regional median income, and
the Borough's constitutional obligation to provide a fair share
of affordable housing for low- and moderate-income households. In
addition, this section applies requirements for very-low-income housing
as established in P.L. 2008, c. 46 (the "Roberts Bill," codified at
N.J.S.A. 52:27D-329.1).
[Amended 3-27-2018 by Ord. No. 2018-04]
[1]
Editor's Note: The regulations in N.J.A.C. 5:93 expired
October 16, 2016.
B.
This
chapter is intended to assure that very-low-, low- and moderate-income
units ("affordable units") are created with controls on affordability
over time and that very-low-, low- and moderate-income households
shall occupy these units. This chapter shall apply to all inclusionary
developments and one-hundred-percent affordable developments (including
those funded with low-income housing tax credit financing) except
where inconsistent with applicable law.
[Amended 3-27-2018 by Ord. No. 2018-04]
C.
The
Ho-Ho-Kus Borough Planning Board has adopted a Housing Element and
Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A.
40:55D-1 et seq. The plan has also been endorsed by the Borough Council
of the Borough of Ho-Ho-Kus. The Fair Share Plan describes the ways
the Borough shall address its fair share for low- and moderate-income
housing as determined by the Superior Court and documented in the
Housing Element.
D.
This
chapter implements and incorporates the Fair Share Plan and addresses
the requirements of N.J.A.C. 5:93, as may be amended and supplemented.
E.
The
Borough shall file monitoring and status reports with the Superior
Court and place the reports on its municipal website. Any plan evaluation
report of the Housing Element and Fair Share Plan and monitoring evaluation
report prepared by the Special Master in accordance with N.J.A.C.
5:91[2] shall be available to the public at the Ho-Ho-Kus Borough
Municipal Building, 333 Warren Avenue, Ho-Ho-Kus, New Jersey 07423.
[2]
Editor's Note: The regulations in N.J.A.C. 5:91 have
expired.
F.
On
or about January 12 of each year through the end of the period of
Third Round Judgment of Repose, the Borough will provide annual reporting
of the status of all affordable housing activity within the municipality
through posting on the municipal website with a copy of such posting
provided to all parties to the Borough's Court-approved settlement
agreements, using forms previously developed for this purpose by the
Council on Affordable Housing or any other forms endorsed by the Special
Master and Fair Share Housing Center (FSHC).
[Added 3-27-2018 by Ord.
No. 2018-04]
G.
The
Fair Housing Act includes two provisions regarding action to be taken
by the Borough during the ten-year period of protection provided in
the Borough's agreement with FSHC. The Borough agrees to comply
with those provisions as follows:
(1)
By July 1, 2020, the Borough must prepare a midpoint realistic opportunity
review, as required pursuant to N.J.S.A. 52:27D-313, which the Borough
will post on its municipal website, with a copy provided to FSHC and
the Intervenors, a status report as to its implementation of its plan
and an analysis of whether any unbuilt sites or unfulfilled mechanisms
continue to present a realistic opportunity. Such posting shall invite
any interested party to submit comments to the municipality, with
a copy to FSHC and the Intervenors, regarding whether any sites no
longer present a realistic opportunity and should be replaced and
whether any mechanisms to meet unmet need should be revised or supplemented.
Any interested party may by motion request a hearing before the Court
regarding these issues. In the event the Court determines that a site
or mechanism no longer presents a realistic opportunity and should
be replaced or supplemented, then the municipality shall have the
opportunity to supplement or revise its plan to correct any deficiency.
(2)
Within 30 days of January 12, 2020 and January 12, 2023 the Borough
shall prepare a review of compliance with the very-low-income housing
requirements required by N.J.S.A. 52:27D-329.1 and its settlement
agreement with Fair Share Housing Center. The Borough will post on
its municipal website, with a copy provided to FSHC and the Intervenors,
a status report as to its satisfaction of its very-low-income requirements,
including the family very-low-income requirements referenced herein
and in the Borough's settlement agreement with FSHC. Such posting
shall invite any interested party to submit comments to the municipality
and FSHC and the Intervenors on the issue of whether the municipality
has complied with its very-low-income housing obligation.
As used herein, the following terms shall have the following
meanings:
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site.
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity responsible for the administration of affordable
units in accordance with this chapter, N.J.A.C. 5:91, N.J.A.C. 5:93
and N.J.A.C. 5:80-26.1 et seq.[1]
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent within the means of a low- or moderate-income
household as defined in N.J.A.C. 5:93-7.4; 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.
A housing development all or a portion of which consists
of restricted units.
A development included in the Housing Element and Fair Share
Plan and includes, but is not limited to, an inclusionary development,
a municipal construction project or a one-hundred-percent affordable
development.
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited
pursuant to N.J.A.C. 5:93 and/or funded through an Affordable Housing
Trust Fund.
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 where the unit is situated
are 62 years or older;
At least 80% of the units are occupied by one person who is
55 years or older; or
The development has been designated by the Secretary of the
U.S. 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(b)(2).
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A structure in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. Alternative living arrangement includes, but is not limited
to, transitional facilities for the homeless; Class A, B, C, D, and
E boarding homes as regulated by the New Jersey Department of Community
Affairs; residential health care facilities as regulated by the New
Jersey Department of Health; group homes for the developmentally disabled
and mentally ill as licensed and/or regulated by the New Jersey Department
of Human Services; and congregate living arrangements.
A facility licensed by the New Jersey Department of Health
and Senior Services to provide apartment-style housing and congregate
dining and to assure that assisted living services are available when
needed for four or more adult persons unrelated to the proprietor
and that offers units containing, at a minimum, one unfurnished room,
a private bathroom, a kitchenette and a lockable door on the unit
entrance.
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
The Council on Affordable Housing, which is in, but not of,
the Department of Community Affairs of the State of New Jersey, that
was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301
et seq.).
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that
require the repair or replacement of a major system. A major system
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load-bearing structural systems.
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development, including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
The plan that describes the mechanisms, strategies and funding
sources, if any, by which the Borough proposes to address its affordable
housing obligation as established in the Housing Element, including
the draft ordinances necessary to implement that plan, and addresses
the requirements of N.J.A.C. 5:93-5.
The portion of the Borough's Master Plan, required by
the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-28b(3), and the
Act, that includes the information required by N.J.A.C. 5:93-5.1 and
establishes the Borough's fair share obligation.
A development containing both affordable units and market
rate units. This term includes, but is not necessarily limited to,
new construction, the conversion of a nonresidential structure to
residential and the creation of new affordable units through the reconstruction
of a vacant residential structure.
A household with a total gross annual household income equal
to 50% or less of the median household income.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical,
fire-protection, or occupant service components of a building which
include, but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement or load-bearing structural systems.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable county,
as adopted annually by COAH or approved by the New Jersey Superior
Court.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income
household.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a class
A beneficiary and the transfer of ownership by Court order.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by adopted/approved regional income limits.
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, rent does
not include charges for food and services.
A dwelling unit, whether a rental unit or an ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
An expert appointed by a judge to make sure that judicial
orders are followed. A master's function is essentially investigative,
compiling evidence or documents to inform some future action by the
Court.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income.
A restricted unit that is affordable to a very-low-income
household.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors
and is considered a major system for rehabilitation.
[1]
Editor's Note: The regulations in both N.J.A.C. 5:91
and 5:93 have expired.
A.
A
multifamily or single-family attached development providing a minimum
of five new housing units created through any municipal rezoning or
Zoning Board action, use or density variance, redevelopment plan,
or rehabilitation plan that provides for densities at or above six
units per acre is required to include an affordable housing set-aside
of 20% if the affordable units will be for sale and 15% if the affordable
units will be for rent. This requirement does not give any developer
the right to any such rezoning, variance or other relief or establish
any obligation on the part of Ho-Ho-Kus to grant such rezoning, variance
or other relief. No subdivision shall be permitted or approved for
the purpose of avoiding compliance with this requirement.
B.
This Borough-wide mandatory set-aside requirement does not supersede the effects or requirements of the Downtown Inclusionary Overlay Zoning (§ 85-13.1) for any inclusionary multifamily residential development that occurs within the boundaries of the overlay area.
C.
Fractional
units.
[Added 3-27-2018 by Ord.
No. 2018-04]
(1)
In the event that the inclusionary set-aside percentage (15% or 20%)
of the total number of residential units does not result in a full
integer, the developer may choose one of two options of addressing
the fractional unit:
(a)
The developer shall round the set-aside upward to construct a whole
additional affordable unit; or
(b)
If the set-aside includes a fractional unit equal to 0.49 or less,
the developer may round the set-aside downward and construct the lesser
whole number of affordable units but must also make a payment in lieu
of constructing the fractional additional unit ("fractional payment
in lieu").
(2)
For example, if seven total units are developed at an inclusionary
site, a set-aside of 20% would require 1.4 affordable units. Per the
requirements above:
(a)
The developer shall round up the 0.4 unit to one whole affordable unit so as to construct a total of two affordable housing units, in accordance with § 2-3C(1)(a); or
(b)
In accordance with § 2-3C(1)(b), the developer shall round the set-aside downward so as to construct only affordable unit and shall pay into the Borough's Affordable Housing Trust Fund a fractional in-lieu payment equal to the dollar amount established in § 2-4C(1) multiplied by 0.4 unit.
The following requirements shall apply to all new or planned
developments that contain low- and moderate-income housing units:
A.
Phasing.
Final site plan or subdivision approval shall be contingent upon the
affordable housing development meeting the following phasing schedule
for low- and moderate-income units, whether developed in a single-phase
development or in a multiphase development:
|
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
|---|---|
|
25
|
0
|
|
25 + 1
|
10
|
|
50
|
50
|
|
75
|
75
|
|
90
|
100
|
B.
Design.
In inclusionary developments, to the extent possible, low- and moderate-income
units shall be integrated with the market units.
C.
Payments
in lieu and off-site construction. The standards for the collection
of payments in lieu of constructing affordable units or standards
for constructing affordable units off site shall be in accordance
with the requirements below:
[Amended 3-27-2018 by Ord. No. 2018-04]
(1)
The base dollar amount of the payment in lieu of constructing an
affordable unit at the time of adoption of this chapter shall be $180,267.
[NOTE: As set forth in N.J.A.C. 5:97-6.4(c)3.[1]] This amount shall be adjusted periodically by the Borough
to reflect the most current and accurate market conditions or better
cover the cost to the Borough to subsidize affordable housing construction.
The payment shall be imposed as a condition of development approval
by the Planning Board.
(a)
During the development approval process, a developer may demonstrate to the governing body that the actual construction cost of an affordable unit less estimated capitalized revenue at the development in question is lower than the imposed payment in lieu in § 2-4C(1)(a). At its discretion, the governing body may impose a lower payment-in-lieu amount equal or proximate to the amount estimated by the developer.
[1]
Editor's Note: The regulations in N.J.A.C. 5:97 expired
June 2, 2015.
D.
Utilities.
Affordable units shall utilize the same type of heating source as
market units within the affordable development.
E.
Low/moderate
split and bedroom distribution of affordable housing units.
(1)
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.
(2)
In each affordable development, at least 50% of the restricted units
within each bedroom distribution shall be low-income units.
(3)
Within rental developments, of the total number of affordable rental
units, at least 13% shall be affordable to very-low-income households.
(4)
Affordable developments that are not age-restricted shall be structured
in conjunction with realistic market demands such that:
(a)
The combined number of efficiency and one-bedroom units shall be
no greater than 20% of the total low- and moderate-income units;
(b)
At least 30% of all low- and moderate-income units shall be two-bedroom
units;
(c)
At least 20% of all low- and moderate-income units shall be three-bedroom
units; and
(d)
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
(5)
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
The standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
F.
Accessibility
requirements.
(1)
The first floor of all new restricted townhouse dwelling units and
all restricted multistory dwelling units attached to at least one
other dwelling unit shall be subject to the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
(2)
All restricted townhouse dwelling units and all restricted multistory
dwelling units attached to at least one other dwelling unit shall
have the following features:
(a)
An adaptable toilet and bathing facility on the first floor;
(b)
An adaptable kitchen on the first floor;
(c)
An interior accessible route of travel on the first floor;
(d)
An interior accessible route of travel shall not be required between
stories within an individual unit;
(e)
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
(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 the Borough has collected funds from the developer
sufficient to make 10% of the adaptable entrances in the development
accessible:
[1]
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.
[2]
To this end, the builder of restricted units shall deposit funds
within the Borough of Ho-Ho-Kus's Affordable Housing Trust Fund
sufficient to install accessible entrances in 10% of the affordable
units that have been constructed with adaptable entrances.
[3]
The funds deposited under Subsection F(2)(f)[2] herein shall be used by the Borough for the sole purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
[4]
The developer of the restricted units shall submit a design
plan and cost estimate for the conversion from adaptable to accessible
entrances to the Construction Official of the Borough of Ho-Ho-Kus.
[5]
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 Borough of Ho-Ho-Kus's Affordable Housing Trust
Fund in care of the Municipal Treasurer, who shall ensure that the
funds are deposited into the Affordable Housing Trust Fund and appropriately
earmarked.
[6]
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.
G.
Maximum
rents and sales prices.
(1)
In establishing rents and sales prices of affordable housing units,
the administrative agent shall follow the procedures set forth in
UHAC and by the Superior Court, utilizing the regional income limits
established.
(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 low- and
moderate-income 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.
(a)
At least 13% of all low- and moderate-income rental units shall be
affordable to households earning no more than 30% of median 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 prices for each
bedroom type, and low-income ownership units must be available for
at least two different prices for each bedroom type.
(5)
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units other
than assisted living facilities, the following standards shall be
met:
(a)
A studio or efficiency unit 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 rents for compliance with the affordability
average requirements for restricted units in assisted living facilities,
the following standards shall be met:
(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
household size 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)
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. In no event shall the maximum resale
price established by the administrative agent be lower than the last
recorded purchase price. Income limits for all units 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 Borough annually within 30 days
of the publication of determinations of median income by HUD as follows:
[Amended 3-27-2018 by Ord. No. 2018-04]
(a)
Regional income limits shall be established for Region 1 based on
the median income by household size, which shall be established by
a regional weighted average of the uncapped Section 8 income limits
published by HUD. To compute this regional income limit, the HUD determination
of median county income for a family of four is multiplied by the
estimated households within the county according to the most recent
decennial census. The resulting product for each county within the
housing region is summed. The sum is divided by the estimated total
households from the most recent decennial census in Region 1. This
quotient represents the regional weighted average of median income
for a household of four. The income limit for a moderate-income unit
for a household of four shall be 80% of the regional weighted average
median income 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 regional weighted average median income for a family of four.
The income limit for a very-low-income unit for a household of four
shall be 30% of the regional weighted average median income 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 those for the
previous year.
(b)
The income limits calculated each year shall be the result of applying the percentages set forth in Subsection G(9)(a) above to HUD's determination of median income for the relevant fiscal year and shall be utilized until the Borough updates the income limits after HUD has published revised determinations of median income for the next fiscal year.
(c)
The regional asset limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3 shall be calculated by the Borough annually by taking the percentage increase of the income limits calculated pursuant to Subsection G(9)(a) above over the previous year's income limits and applying the same percentage increase to the regional asset limit from the prior year. In no event shall the regional asset limit be less than that for the previous year.
(10)
The rent levels of very-low-, low- and moderate-income units may
be increased annually based on the percentage increase in the Housing
Consumer Price Index for the Northeast Urban 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.
[Amended 3-27-2018 by Ord. No. 2018-04]
(11)
Tenant-paid utilities that are included in the utility allowance
shall be so stated in the lease and shall be consistent with the utility
allowance approved by DCA for its Section 8 program.
For any affordable housing unit that is part of a condominium
association and/or homeowners' association, the master deed shall
reflect that the association fee assessed for each affordable housing
unit shall be established at 100% of the market rate fee.
