[Adopted 6-2-1992 by Ord. No. 1887]
This chapter shall be known as the "Affordable
Housing Procedures Ordinance" of the Township of Maplewood.
The purpose of this chapter is to create the
administrative mechanisms for the implementation of the Fair Housing
Act and its amendments and the rules and regulations of the
Council on Affordable Housing.
All definitions found in the Zoning Ordinance of the Township of Maplewood, the Municipal Land Use Law
of the State of New Jersey, and the substantive rules and regulations of the New Jersey
Council on Affordable Housing (COAH) shall be incorporated by reference
herein. In addition, the following terms have the meanings indicated:
LOW INCOME
A total gross household income no greater than 50% of the
median household income of the Essex-Morris-Sussex-Union Housing Region
(Region Two Housing Region as defined by the New Jersey Council on
Affordable Housing), adjusted for household size, based on the most
recent income limits published by the United States Department of
Housing and Urban Development (HUD).
MODERATE INCOME
A total gross household income no greater than 80% and no
less than 50% of the median household income of the Essex-Morris-Sussex-Union
Housing Region (Region Two Housing Region as defined by the New Jersey
Council on Affordable Housing), adjusted for household size, based
on the most recent income limits published by the United States Department
of Housing and Urban Development (HUD).
There is hereby established within the Township
of Maplewood an Affordable Housing Trust Fund which shall be maintained
by the Township Treasurer as a separate fund to be used and applied
solely for the purposes set forth herein.
A. It shall be permissible for the Treasurer to place
the moneys deposited into such fund into the general depository interest-bearing
accounts of the Township, provided that a separate accounting for
such moneys is maintained by the Treasurer.
B. All funds collected from developers or other persons
pursuant to developer's agreements, settlement of litigation or by
donation shall be deposited into the Affordable Housing Trust Fund
in accordance with this chapter.
C. In the event that the Township receives funds from
any governmental sources or from a private organization authorized
by the county, state or federal government to engage in funding for
affordable housing projects which are required to be held in a separate
account, the Treasurer shall be authorized to establish such separate
account and to provide for the keeping of appropriate records thereon,
but such funds shall be otherwise considered as part of the Affordable
Housing Trust Fund.
D. Disbursements from the Affordable Housing Trust Fund
shall be made by the Treasurer upon authorization of the Township
Committee by resolution carried by the affirmative votes of the majority
of the full authorized Committee. The Township Committee may authorize
the expenditures from the Affordable Housing Trust Fund for the following
purposes:
(1) Payments to assist in the rehabilitation of substandard
housing in the Township by removal of health and safety code violations
of housing qualifying under the provisions of the Fair Housing Act.
(2) Payments to provide for the maintenance, repair, replacement
and/or improvement of affordable housing in the Township of Maplewood.
(3) Payments to provide for the implementation of an affirmative
marketing program to market the designated low- and moderate-income
units in the Township.
(4) Payments to provide for the administration of the
fund.
In the absence of the appointment of an Affordable
Housing Board, the Township Committee shall act in its stead.
The price of an owner-occupied housing unit
and the rents of affordable housing units may increase annually based
on the percentage increase in the median income for the Essex-Morris-Sussex-Union
Housing Region, as determined from the uncapped Section 8 Program
income limits, as published by the United States Department of Housing
and Urban Development (HUD) as defined in N.J.A.C. 5:92-1.3 or other
recognized standards adopted by COAH that apply to rental housing
units.
A judgment of foreclosure or a deed in lieu
of foreclosure by a financial institution regulated by state and/or
federal law shall extinguish controls on affordability, provided that
the owner of the affordable housing unit shall be personally obligated
to pay to the Board any surplus funds, but only to the extent such
surplus funds exceed the difference between the maximum price permitted
at the time of foreclosure and the amount necessary to redeem the
debt to the financial institution, including the costs of foreclosure.
A homeowner or investor-landlord participating
in any local rehabilitation program shall execute a lien in favor
of the Township of Maplewood in consideration for the funds granted
for the cost of rehabilitation and for the period of controls on affordability.
Prior to execution, the lien shall be reviewed by the Township Attorney.
If any article, section, subsection, sentence,
clause or phrase of this chapter is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remaining provisions
of this chapter.
This chapter shall take effect immediately upon
final passage with publication as provided by law.
[Adopted 9-17-2018 by Ord. No. 2922-18]
These affordable housing regulations shall apply to all affordable
housing units constructed or created in the Township of Maplewood,
including affordable housing units funded through low-income housing
tax credit financing.
The Township of Maplewood shall comply with the following monitoring
and reporting requirements regarding the status of the implementation
of its Court-approved Housing Element and Fair Share Plan:
A. Beginning one year after the entry of the Township's Round 3 Judgment
of Compliance and Repose, and on every anniversary of that date through
2025, the Township agrees to provide annual reporting of its Affordable
Housing Trust Fund activity to the New Jersey Department of Community
Affairs, Council on Affordable Housing, or Local Government Services,
or other entity designated by the State of New Jersey, with a copy
provided to Fair Share Housing Center (FSHC) and posted on the municipal
website, using forms developed for this purpose by the New Jersey
Department of Community Affairs (NJDCA), Council on Affordable Housing
(COAH), or Local Government Services (NJLGS). The reporting shall
include an accounting of all Affordable Housing Trust Fund activity,
including the source and amount of funds collected and the amount
and purpose for which any funds have been expended.
B. Beginning one year after the entry of the Township's Round 3 Judgment
of Compliance and Repose, and on every anniversary of that date through
2025, the Township agrees to 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 Fair Share Housing Center, using forms previously developed for
this purpose by COAH or any other forms endorsed by the Court Appointed
Special Master and FSHC.
C. The Fair Housing Act includes two provisions regarding action to
be taken by the Township during its ten-year repose period. The Township
will comply with those provisions as follows:
(1) For the midpoint realistic opportunity review due on June 12, 2020,
as required pursuant to N.J.S.A. 52:27D-313, the Township will post
on its municipal website, with a copy provided to Fair Share Housing
Center, 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 and whether the mechanisms to meet
unmet need should be revised or supplemented. Such posting shall invite
any interested party to submit comments to the Township, with a copy
to Fair Share Housing Center, regarding whether any sites no longer
present a realistic opportunity and should be replaced and whether
the 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.
(2) For the review of very-low- income housing requirements required
by N.J.S.A. 52:27D-329.1, within 30 days of the third anniversary
of the entry of the Township's Judgement of Compliance and Repose,
and every third year thereafter, the Township will post on its municipal
website, with a copy provided to Fair Share Housing Center, a status
report as to its satisfaction of its very-low-income requirements,
including the family very-low-income requirements referenced herein.
Such posting shall invite any interested party to submit comments
to the Township and Fair Share Housing Center on the issue of whether
the Township has complied with its very-low-income housing obligation
under the terms of this settlement.
(3) In addition to the foregoing postings, the Township may also elect
to file copies of its reports with COAH or its successor agency at
the State level.
The following terms when used in this article shall have the
meanings given in this section:
ACCESSORY APARTMENT
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.
ACT
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.) as has been subsequently amended.
ADAPTABLE
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
ADMINISTRATIVE AGENT
The entity responsible for the administration of affordable
units in accordance with this ordinance, applicable COAH regulations
and the Uniform Housing Affordability Controls (UHAC)(N.J.A.C. 5:80-26.1
et seq.)
AFFIRMATIVE MARKETING
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
AFFORDABILITY AVERAGE
The average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
AFFORDABLE
A sales price or rent within the means of a low- or moderate-income
household as defined by COAH in its applicable regulations of an equivalent
controlling New Jersey state agency; 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.
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Township's Fair Share Plan,
and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable development.
AFFORDABLE HOUSING PROGRAM(S)
Any mechanism in the Township's Fair Share Plan prepared
or implemented to address the Township's fair share obligation.
AFFORDABLE UNIT
A housing unit proposed or created pursuant to the Act, credited
pursuant to applicable COAH regulations, the FSHC settlement agreement,
or an order of the Court.
AGE-RESTRICTED UNIT
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: 1) all the residents of the development where the unit
is situated are 62 years or older, or 2) at least 80% of the units
are occupied by one person that is 55 years or older; or 3) 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.
AGENCY
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.)
ASSISTED LIVING RESIDENCE
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.
CERTIFIED HOUSEHOLD
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
COAH
The New Jersey Council on Affordable Housing.
DCA
The State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT
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.
DEVELOPER
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.
DEVELOPMENT
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.
INCLUSIONARY DEVELOPMENT
A development containing both affordable units and market
rate units, inclusionary developments must have a 20% set-aside of
affordable units if the development has five or more units and is
a for-sale project, or a 15% set-aside if the development is a rental
project. 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.
LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal
to 50% or less of the median household income.
LOW-INCOME UNIT
A restricted unit that is affordable to a low-income household.
MAJOR SYSTEM
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.
MARKET-RATE UNITS
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
MEDIAN INCOME
The median income by household size for the applicable county,
as adopted annually by the Department.
MODERATE-INCOME HOUSEHOLD
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
NONEXEMPT SALE
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.
RANDOM SELECTION PROCESS
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).
REGIONAL ASSET LIMIT
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 the Department's adopted Regional Income Limits published
annually by the Department.
REHABILITATION
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
RENT
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.
RESTRICTED UNIT
A dwelling unit, whether a rental unit or 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.
THE DEPARTMENT
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.).
UHAC
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
VERY-LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal
to 30% or less of the median household income.
WEATHERIZATION
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.
The Township of Maplewood will use the following mechanisms
to satisfy its affordable housing obligations:
A. A rehabilitation program.
(1) The Township of Maplewood and FSHC have agreed that the Township's
indigenous need rehabilitation obligation is 114 units. The Township
has contracted with Community Grants, Planning & Housing ("CGP&H")
to administer the Maplewood Home Improvement Program. owner-occupied
and rental-occupied units are eligible for the Maplewood Home Improvement
Program. In addition, units have been rehabilitated through the Essex
County Rehabilitation Program. Through these programs 26 rehabilitations
have been completed since April 1, 2010, and are creditworthy. In
addition, the Court-approved FSHC Settlement Agreement allows the
Township to apply 81 excess age-restricted housing credits from the
Maplewood Senior Citizen Housing project towards its rehabilitation
obligation. Therefore, the Township has to address a remaining obligation
of only six units by July 2, 2025. The Township will continue to utilize
the Maplewood Home Improvement Program and the Essex County Rehabilitation
Program to address these remaining six units. Any additional units
rehabilitated through these programs by July 2, 2025, may be credited
towards Round 4, if permitted by applicable law and regulations. The
Township will continue its rehabilitation program to update and renovate
deficient housing units occupied by low- and moderate-income households
such that, after rehabilitation, these units will comply with the
New Jersey State Housing Code pursuant to N.J.A.C. 5:28. The Township
will continue to rehabilitate housing units to improve its housing
stock and to continue to provide indigenous need affordable units.
(2) All rehabilitated rental and owner-occupied units shall remain affordable
to low- and moderate-income households for a period of 10 years (the
control period). For owner-occupied units, the control period will
be enforced with a lien, and for renter occupied units, the control
period will be enforced with a deed restriction.
(3) The Township of Maplewood shall dedicate an average of at least $10,000
in construction costs for each unit to be rehabilitated through this
program, reflecting the minimum hard cost of rehabilitation for each
unit.
(4) The Township of Maplewood will continue to work with CPG&H and
the Essex County Rehabilitation Program to administer the Rehabilitation
Program in accordance with N.J.A.C. 5:93, et seq.
(5) Units in a rehabilitation program shall be exempt from N.J.A.C. 5:93-9 and UHAC requirements, but shall be administered in accordance
with the following:
(a)
If a unit is vacant, upon initial rental subsequent to rehabilitation,
or if a renter-occupied unit is re-rented prior to the end of controls
on affordability, the deed restriction shall require the unit to be
rented to a low- or moderate-income household at an affordable rent
and affirmatively marketed pursuant to N.J.A.C. 5:93-9 and UHAC.
(b)
If a unit is renter-occupied, upon completion of the rehabilitation,
the maximum rate of rent shall be the lesser of the current rent or
the maximum permitted rent pursuant to N.J.A.C. 5:93-9 and UHAC.
(c)
Rents in rehabilitated units may increase annually based on
the methodology outlined in Subsection C(1).
(d)
Applicant and/or tenant households shall be certified as income-eligible
in accordance with N.J.A.C. 5:93-9 and UHAC, except that households in owner-occupied units
shall be exempt from the regional asset limit.
B. Phasing. Inclusionary developments shall be subject to the following
schedule, except where an alternate phasing schedule has been incorporated
into a development or redevelopment agreement:
Minimum Percentage of Low- and Moderate-Income Units Completed
|
Maximum Percentage of Market-Rate Units Completed
|
---|
0
|
25
|
10
|
25 + 1 Unit
|
75
|
75
|
100
|
90
|
C. Fractional units. If 15 or 20% of the total number of units in a
development results in a fraction or decimal, the developer shall
be required to provide an additional affordable unit on site.
Example: an eight-unit development requiring on affordable housing
set-aside of 1.6 units is proposed. The developer is required to provide
two on-site affordable units.
D. Integration of affordable units. In inclusionary developments, to
the extent possible, low- and moderate-income units shall be integrated
with the market-rate units.
E. Utilities. Affordable units shall utilize the same type of heating
source as market units within the affordable development.
The following general guidelines apply to all newly constructed
developments that contain low- and moderate-income housing units,
including any currently unanticipated future developments that will
provide low- and moderate-income housing units.
A. 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. If there
is only one affordable unit it must be a low-income unit.
(3) Thirteen percent of all affordable units in the Township, with the
exception of units constructed as of July 1, 2008, and units subject
to preliminary or final site plan approval as of July 1, 2008, shall
be designated as very-low-income households at 30% of the median income,
with at least 50% of all very-low-income units being available to
families. Very-low-income units shall be considered low-income units
for the purposes of evaluating compliance with the required low/moderate-income
unit splits, bedroom distribution, and phasing requirements of this
article.
(4) Affordable developments that are not age-restricted shall be structured
in conjunction with realistic market demands such that:
(a)
If all of the market rate units on the same site will be one-bedroom
units, and if the development will be producing fewer than three affordable
units on the same site with the market units, then one affordable
unit must be a three-bedroom unit and one may be a one-bedroom unit,
with the remaining affordable unit (if any) being a two-bedroom unit.
(b)
If any of the market rate units on the same site will be two-bedroom
units, and if the development will be producing fewer than three affordable
units on the same site with the market units, then one affordable
unit must be a three-bedroom unit and the remainder shall be two-bedroom
units.
(c)
In any other development producing six or fewer affordable units
(whether on or off site), the bedroom distribution called for in UHAC
shall be fulfilled (i.e., a maximum of 20% one-bedroom units, a minimum
of 20% three-bedroom units, a minimum of 30% two-bedroom units, with
the balance being either two-bedroom units or three-bedroom units,
at the discretion of the developer; and
(d)
In any development producing seven or more affordable units,
the bedroom distribution shall be a maximum of 10% one-bedroom units,
a minimum of 25% three-bedroom units, a minimum of 30% two-bedroom
units, with the balance being either two-bedroom units or three-bedroom
units, at the discretion of the developer.
(5) The Township requires that all affordable housing units in an inclusionary
residential project be constructed on site. However, as an alternative
to constructing affordable housing units on site, developers of a
residential project in any zone may seek the written authorization
of the Township Committee, which, at its sole discretion, may decide
to permit (a) the developer to either construct the affordable housing
units elsewhere in the Township of Maplewood, or (b) purchase existing
residential units elsewhere in the Township of Maplewood, as long
as any such existing residential units are properly reconstructed
(or gut rehabilitated) in accordance with applicable COAH regulations.
If the developer fails to secure written authorization from the Township
Committee, then the residential developer shall construct the affordable
units on-site.
(6) 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.
B. Accessibility requirements:
(1) 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.
(2) 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;
(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 Township of Maplewood 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 Township'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
B(2)(f)[2] above shall be used by the Township of Maplewood 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 Township.
[5]
Once the Construction Official has determined that the design
plan to convert the unit entrances from adaptable to accessible meet
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 Township's 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.
C. Regional income limits:
(1) Income limits for all units that are part of Maplewood 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 municipality annually within 30 days of the
publication of determinations of median income by HUD as follows:
(a)
Regional income limits shall be established for the region in
which Maplewood Township is located within, 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 the municipality's housing region.
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 applicable to Maplewood Township shall be the result of applying the percentages set forth in Subsection
C(1)(a) above to HUD's most current fiscal year determination of median income and shall be utilized until Maplewood Township updates the income limits after HUD publishes 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 Township of Maplewood annually by taking the percentage increase of the income limits calculated pursuant to Subsection
C(1)(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.
(d)
If at any time, COAH (or a successor administrative agency duly
empowered by an amendment to the Fair Housing Act) begins to issue
updated annual income limits and rules for increasing sales prices
and rent levels each year, said updated income limits and rules for
increasing sales prices and rent levels each year may be used instead
of the methodology set forth herein.
D. 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 utilizing the regional income limits established by the New Jersey
Department of Community Affairs (DCA) or other agency as required
by the Court.
(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 dwelling 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
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 rents for compliance with the affordability
average requirements for restricted units in assisted living facilities,
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; and
(c)
A two-bedroom unit shall be affordable to a two-person household
or to two one-person households.
(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
homeowner 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 tower than the last
recorded purchase price.
(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.
(11)
If at any time, COAH (or a successor administrative agency duly
empowered by an amendment to the Fair Housing Act) begins to issue
updated annual income limits and rules for increasing sales prices
and rent levels each year, said updated income limits and rules for
increasing sales prices and rent levels each year may be used instead
of the methodology set forth herein.
(12)
Utilities. 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.
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 administrative agent.
B. The administrative agent shall approve all resale prices, In writing
and in advance of the resale, to assure compliance with the foregoing
standards.
C. The method used to determine the condominium association fee amounts
and special assessments shall be indistinguishable between the low-
and moderate-income unit owners and the market unit owners.
D. The owners of restricted ownership units may apply to the administrative
agent to increase the maximum sales price for the unit on the basis
of capital improvements. Eligible capital improvements shall be those
that render the unit suitable for a larger household or the addition
of a bathroom.
Appeals from all decisions of an administrative agent designated
pursuant to this article shall be filed with the Superior Court of
New Jersey, Essex County.