[Amended 3-12-2003 by Ord. No. 2003:894; 12-13-2006 by Ord. No.
2006:979; amended 4-9-2014 by Ord. No. 2014:1158; 12-20-2018 by Ord. No. 2018:1245; 12-20-2018 by Ord. No. 2018:1248]
This article shall be known and may be cited as the "Affordable
Housing Ordinance of the Borough of Closter."
The purpose of this article is to establish a mechanism for
assuring that housing units designed for occupancy by low- and moderate
income households remain affordable to and occupied by low- and moderate-income
households.
The following terms when used in this article shall have the
meanings given in this section:
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 designated by the Borough to administer affordable
units in accordance with this article, N.J.A.C. 5:93, and UHAC (N.J.A.C.
5:80-26).
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 New restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
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.
A development included in or approved pursuant to the Housing
Element and Fair Share Plan or otherwise intended to address the Borough's
fair share obligation, and includes, but is not limited to, an inclusionary
development, a municipal construction project or a 100% affordable
housing 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 and
approved for crediting by the Court 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 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 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.
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 arrangements include, but are not limited
to: transitional facilities for the homeless; Class A, B, C, D and
E boarding homes as regulated by the State of 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 that is 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, as established by 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
requires 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
included in a proposed development including the holder of an option
to contract to 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.
A development containing both affordable units and market
rate units. 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.
A household with a total gross annual household income equal
to 50% or less of the regional median household income by household
size.
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 and 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 housing
region as adopted annually by COAH or a successor entity approved
by the Court.
A household with a total gross annual household income in
excess of 50% but less than 80% of the regional median household income
by household size.
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 duly adopted Regional Income Limits published annually
by COAR or a successor entity.
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 amended and supplemented, but does not include a market-rate unit
financed under UHORP or MONI.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26, et seq.
A household with a total gross annual household income equal
to 30% or less of the regional median household income by household
size.
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 purposes of a rehabilitation
program.
A.Â
The provisions of this article shall apply to all affordable housing
developments and affordable housing units that currently exist and
that are proposed to be created within the Borough of Closter pursuant
to the Borough's most recently adopted Housing Element and Fair Share
Plan.
B.Â
Moreover, this article shall apply to all developments that contain
low- and moderate-income housing units, including any currently unanticipated
future developments that will provide low- and moderate-income housing
units.
C.Â
Any property in the Borough of Closter that is currently zoned for
nonresidential use and subsequently receives a zoning change, use
variance or any other development approval to permit multifamily residential
development, or any property in the Borough of Closter that is currently
zoned for residential use and receives a zoning change or density
variance or any other development approval to permit multifamily residential
development, which multifamily residential development results in
five or more residential units shall provide a minimum affordable
housing set-aside of 20%. The 20% affordable housing set-aside is
applicable for both for-sale and rental developments. This provision
does not affect residential development on sites that are zoned for
inclusionary residential development as part of the Borough's Housing
Element and Fair Share Plan, which are subject to the affordable housing
set-aside requirements set forth in the applicable zoning. This requirement
does not give any developer the right to any such rezoning, any other
approval, variance or other relief, or establish any obligation of
the part of the Borough of Closter to grant such rezoning, variance
or other relief. A property shall not be permitted to be subdivided
so as to avoid compliance with this requirement. All affordable units
created pursuant to this subsection shall be governed by the provisions
of this article.
A.Â
On the first anniversary of the execution of the settlement agreement,
and every anniversary thereafter through July 1, 2025, the Borough
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.Â
On the first anniversary of the execution of the settlement agreement,
and on every anniversary of that date through July 1, 2025, the Borough
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 Special Master and FSHC.
C.Â
By July 1, 2020, as required pursuant to N.J.S.A. 52:27D-313, the
Borough will post on its municipal website, with a copy provided to
FSHC, 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 any mechanisms to meet
unmet need should be revised or supplemented. Such posting shall invite
any interested party to submit comments to the municipality, with
a copy to FSHC, 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.
D.Â
For the review of the very-low-income housing requirements required
by N.J.S.A. 52:27D-329.1, within 30 days of the third anniversary
of the settlement agreement, executed June 21, 2018, and every third
year thereafter, the Borough will post on its municipal website, with
a copy provided to FSHC, a status report as to its satisfaction of
its very-low-income requirements, including its family very-low-income
requirements. Such posting shall invite any interested party to submit
comments to the municipality and FSHC on the issue of whether the
municipality has complied with its very-low-income and family very-low-income
housing obligations.
A.Â
The administration of an alternative living arrangement shall be
in compliance with 5:93-5.8 and UHAC, with the following exceptions:
B.Â
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 UHAC, unless an alternative commitment is approved by the Court.
C.Â
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.
In inclusionary developments the following schedule shall be
followed:
|
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
|
A.Â
Low/moderate split and bedroom distribution of affordable housing
units:
(1)Â
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. At least 13% of all restricted rental units shall be very-low-income
units (affordable to a household earning 30% or less of regional median
income by household size). The very-low-income units shall be counted
as part of the required number of low-income units within the development.
(2)Â
In each affordable development, at least 50% of the restricted
units within each bedroom distribution shall be very-low or low-income
units.
(3)Â
Affordable developments that are not age-restricted shall be
structured in conjunction with realistic market demands such that:
(a)Â
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
(b)Â
At least 30% of all low- and moderate-income units shall be
two-bedroom units;
(c)Â
At least 20% of all low- and moderate-income units shall be
three-bedroom units; and
(d)Â
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
(4)Â
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.
This standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
B.Â
Accessibility requirements:
(1)Â
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:
(2)Â
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)Â
An adaptable kitchen on the first floor; and
(b)Â
An adaptable toilet and bathing facility on the first floor;
and
(c)Â
An interior accessible route of travel on the first floor; and
(d)Â
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)Â
If all of the foregoing requirements in Subsection B(2)(a) through (d) cannot be satisfied, then an interior accessible route of travel must be provided between stories within an individual unit, but if all of the terms of Subsection B(2)(a) through (d) above have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; and
(f)Â
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 Closter has collected funds from the developer
sufficient to make 10% of the adaptable entrances in the development
accessible:
[1]Â
Where a unit has been constructed with an adaptable
entrance, upon the request of a disabled individual who is either
purchasing or will reside in the dwelling unit, an accessible entrance
shall be installed.
[2]Â
To this end, the builder of restricted units shall
deposit funds within the Borough of Closter's Affordable Housing Trust
Fund sufficient to install accessible entrances in 10% of the affordable
units that have been constructed with adaptable entrances.
[3]Â
The funds deposited under Subsection B(2)(f)[2] above shall be used by the Borough of Closter 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.
[4]Â
The developer of the restricted units shall submit
a design plan and cost estimate to the Construction Official of the
Borough of Closter for the conversion of adaptable to accessible entrances.
[5]Â
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 Borough's Affordable Housing Trust Fund in care
of the Borough Treasurer who shall ensure that the funds are deposited
into the Affordable Housing Trust Fund and appropriately earmarked.
[6]Â
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.
D.Â
Maximum rents and sales prices:
(1)Â
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 levels established by COAH
or a successor entity.
(2)Â
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)Â
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
13% 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, with such very-low-income units shall be
part of the low-income requirement.
(4)Â
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)Â
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)Â
A studio shall be affordable to a one-person household;
(b)Â
A one-bedroom unit shall be affordable to a 1Â 1/2 person
household;
(c)Â
A two-bedroom unit shall be affordable to a three-person household;
(d)Â
A three-bedroom unit shall be affordable to a four and one-half
person household; and
(e)Â
A four-bedroom unit shall be affordable to a six-person household.
(6)Â
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)Â
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)Â
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)Â
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.
(10)Â
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 United States. This increase
shall not exceed 9% in any one-year. Rent increases for units constructed
pursuant to low-income housing tax credit regulations shall be indexed
pursuant to the regulations governing low-income housing tax credits.
A.Â
Affordable units shall utilize the same type of heating source as
market units within an inclusionary development.
B.Â
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 HUD for the Section 8 program.
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:
A.Â
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 Closter 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.
B.Â
The affordability control period for a restricted ownership unit
shall commence on the date the initial certified household takes title
to the unit.
C.Â
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 administrative agent 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.
D.Â
At the time of the initial sale of the unit, the initial purchaser
shall execute and deliver to the administrative agent a recapture
note obligating the purchaser (as well as the purchaser's heirs, successors
and assigns) to repay, upon the first non-exempt 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.
E.Â
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.
F.Â
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.
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.Â
The initial purchase price for a restricted ownership unit shall
be approved by the administrative agent.
B.Â
The administrative agent shall approve all resale prices, in writing
and in advance of the resale, to assure compliance with the foregoing
standards.
C.Â
The master deeds of inclusionary developments shall provide no distinction
between the condominium or homeowner association fees and special
assessments paid by low- and moderate-income purchasers and those
paid by market purchasers.
D.Â
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 anticipated capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom. See § 200-54.21.
A.Â
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.
B.Â
Notwithstanding the foregoing, the administrative agent may, upon
approval by the Borough Council, and subject to the Court's approval,
permit a moderate-income purchaser to buy a low-income unit if the
administrative agent can demonstrate that there is an insufficient
number of eligible low-income purchasers in the housing region to
permit prompt occupancy of the unit and all other reasonable efforts
to attract a low-income purchaser, including pricing and financing
incentives, have failed. Any such low-income unit that is sold to
a moderate-income household shall retain the required pricing and
pricing restrictions for a low-income unit.
C.Â
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 administrative
agent 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.
D.Â
The administrative agent 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 homeowner association fees, as applicable) does
not exceed 33% of the household's eligible monthly income.
A.Â
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the owner shall apply to the administrative agent
for a determination in writing that the proposed indebtedness complies
with the provisions of this section, and the administrative agent
shall issue such determination prior to the owner incurring such indebtedness.
B.Â
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 administrative agent in accordance with N.J.A.C. 5:80-26.6(b).
A.Â
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 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.
B.Â
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 (for example, 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 administrative
agent 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
administrative agent. Unless otherwise approved by the administrative
agent, 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.
A.Â
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 Closter 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.
B.Â
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 the County of Bergen. The deed shall identify each affordable unit
by apartment number or address, and identify whether that unit is
designated as a moderate; low- or very-low-income unit. The affordability
designation shall not change during the term of the deed restriction.
A copy of the filed document shall be provided to the administrative
agent within 30 days of the receipt of a certificate of occupancy.
C.Â
A restricted rental unit shall remain subject to the affordability
controls of this article despite the occurrence of any of the following
events:
A.Â
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 administrative
agent.
B.Â
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 administrative agent.
C.Â
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 administrative agent to be applied to
the costs of administering the controls applicable to the unit as
set forth in this article.
D.Â
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.
A.Â
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:
(1)Â
Very-low-income rental units shall be reserved for households
with a gross household income less than or equal to 30% of the regional
median household income by household size.
(2)Â
Low-income rental units shall be reserved for households with
a gross household income less than or equal to 50% of the regional
median household income by household size.
(3)Â
Moderate-income rental units shall be reserved for households
with a gross household income less than 80% of the regional median
household income by household size.
B.Â
The administrative agent 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:
(1)Â
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;
(2)Â
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;
(3)Â
The household is currently in substandard or overcrowded living
conditions;
(4)Â
The household documents the existence of assets with which the
household proposes to supplement the rent payments; or
(5)Â
The household documents reliable anticipated third-party assistance
from an outside source such as a family member in a form acceptable
to the administrative agent and the owner of the unit.
A.Â
The Borough of Closter shall appoint a specific municipal employee
to serve as a Municipal Housing Liaison responsible for overseeing
the Borough's affordable housing program, including affordability
controls; the affirmative marketing plan; monitoring and reporting
requirements; and supervising the administrative agent(s). Closter
shall adopt an ordinance creating the position of Municipal Housing
Liaison and a resolution appointing the person to fulfill the position
of Municipal Housing Liaison. The Municipal Housing Liaison shall
be appointed by the governing body and may be a full or part time
municipal employee.
B.Â
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for Closter,
including the following responsibilities which may not be contracted
out to the administrative agent:
(1)Â
Serving as Closter's primary point of contact for all inquiries
from the state, affordable housing providers, Administrative Agents
and interested households;
(2)Â
Monitoring the status of all restricted units in Closter's Fair
Share Plan;
(3)Â
Compiling, verifying, submitting and posting all monitoring
reports as required by the Court and by this article;
(4)Â
Coordinating meetings with affordable housing providers and
Administrative Agents, as needed; and
(5)Â
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing at least
annually and more often as needed.
C.Â
Subject to the approval of the Court, the Borough of Closter shall
designate one or more Administrative Agent(s) to administer and to
affirmatively market the affordable units constructed in the Borough
in accordance with UHAC and this article. An operating manual for
each affordable housing program shall be provided by the administrative
agent(s) to be adopted by resolution of the governing body and subject
to approval of the Court. The Operating Manual(s) shall be available
for public inspection in the office of the Borough Clerk, in the office
of the Municipal Housing Liaison, and in the office(s) of the administrative
agent(s). The Municipal Housing Liaison shall supervise the work of
the administrative agent(s).
D.Â
Compensation shall be fixed by the governing body at the time of
the appointment of the Municipal Housing Liaison.
An administrative agent shall be an independent entity serving
under contract to and reporting to the municipality. The fees of the
administrative agent shall be paid by the owners of the affordable
units for which the services of the administrative agent are required.
The administrative agent shall perform the duties and responsibilities
of an administrative agent as set forth in UHAC, including those set
forth in Sections 5:80-26.14, 16 and 18 thereof, which includes:
A.Â
Affirmative marketing:
(1)Â
Conducting an outreach process to affirmatively market affordable
housing units in accordance with the affirmative marketing plan of
the Borough of Closter and the provisions of N.J.A.C. 5:80-26.15;
and
(2)Â
Providing counseling or contracting to provide counseling services
to low- and moderate-income applicants on subjects such as budgeting,
credit issues, mortgage qualification, rental lease requirements,
and landlord/tenant law.
B.Â
Household certification:
(1)Â
Soliciting, scheduling, conducting and following up on interviews
with interested households;
(2)Â
Conducting interviews and obtaining sufficient documentation
of gross income and assets upon which to base a determination of income
eligibility for a very-low, low- or moderate-income unit;
(3)Â
Providing written notification to each applicant as to the determination
of eligibility or noneligibility;
(4)Â
Requiring that all certified applicants for restricted units
execute a certificate substantially in the form, as applicable, of
either the ownership or rental certificates set forth in Appendices
J and K of N.J.A.C. 5:80-26.1 et seq.;
(5)Â
Creating and maintaining a referral list of eligible applicant
households living in the housing region and eligible applicant households
with members working in the housing region where the units are located;
(6)Â
Employing a random selection process as provided in the affirmative
marketing plan of the Borough of Closter when referring households
for certification to affordable units; and
(7)Â
Notifying the following entities of the availability of affordable
housing units in the Borough of Closter: Fair Share Housing Center,
the New Jersey State Conference of the NAACP, the Latino Action Network,
Bergen County NAACP, Urban League of Bergen County, Bergen County
Housing Coalition, and Supportive Housing Association.
C.Â
Affordability controls:
(1)Â
Furnishing to attorneys or closing agents forms of deed restrictions
and mortgages for recording at the time of conveyance of title of
each restricted unit;
(2)Â
Creating and maintaining a file on each restricted unit for
its control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate;
(3)Â
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the Bergen
County Register of Deeds or Bergen County Clerk's office after the
termination of the affordability controls for each restricted unit;
(4)Â
Communicating with lenders regarding foreclosures; and
(5)Â
Ensuring the issuance of continuing certificates of occupancy
or certifications pursuant to NJ.AC. 5:80-26.10.
D.Â
Resales and rerentals:
(1)Â
Instituting and maintaining an effective means of communicating
information between owners and the administrative agent regarding
the availability of restricted units for resale or rerental; and
(2)Â
Instituting and maintaining an effective means of communicating
information to very-low, low- and moderate-income households regarding
the availability of restricted units for resale or rerental.
E.Â
Processing requests from unit owners:
(1)Â
Reviewing and approving requests for determination from owners
of restricted units who wish to take out home equity loans or refinance
during the term of their ownership that the amount of indebtedness
to be incurred will not violate the terms of this article;
(2)Â
Reviewing and approving requests to increase sales prices from
owners of restricted units who wish to make capital improvements to
the units that would affect the selling price, such authorizations
to be limited to those improvements resulting in additional bedrooms
or bathrooms and the depreciated cost of central air conditioning
systems;
(3)Â
Notifying the municipality of an owner's intent to sell a restricted
unit; and
(4)Â
Making determinations on requests by owners of restricted units
for hardship waivers.
F.Â
Enforcement:
(1)Â
Securing annually from the municipality a list of all affordable
housing units for which tax bills are mailed to absentee owners, and
notifying all such owners that they must either move back to their
unit or sell it;
(2)Â
Securing from all developers and sponsors of restricted units,
at the earliest point of contact in the processing of the project
or development, written acknowledgement of the requirement that no
restricted unit can be offered, or in any other way committed, to
any person, other than a household duly certified to the unit by the
administrative agent;
(3)Â
Posting annually, in all rental properties (including two-family
homes), a notice as to the maximum permitted rent together with the
telephone number of the administrative agent where complaints of excess
rent or other charges can be made;
(4)Â
Sending annual mailings to all owners of affordable dwelling
units, reminding them of the notices and requirements outlined in
N.J.A.C. 5:80-26.18(d)4;
(5)Â
Establishing a program for diverting unlawful rent payments
to the municipality's Affordable Housing Trust Fund; and
(6)Â
Creating and publishing a written operating manual for each
affordable housing program administered by the administrative agent,
to be approved by the Borough Council and the Court, setting forth
procedures for administering the affordability controls.
G.Â
Additional responsibilities:
(1)Â
The administrative agent shall have the authority to take all
actions necessary and appropriate to carry out its responsibilities
hereunder.
(2)Â
The administrative agent shall prepare monitoring reports for
submission to the Municipal Housing Liaison in time to meet the Court-approved
monitoring and reporting requirements in accordance with the deadlines
set forth in this article and the settlement agreement.
(3)Â
The administrative agent shall attend continuing education sessions
on affordability controls, compliance monitoring, and affirmative
marketing at least annually and more often as needed.
A.Â
The Borough of Closter shall adopt by resolution an affirmative marketing
plan, subject to approval of the Court, that is compliant with N.J.A.C.
5:80-26.15, as may be amended and supplemented.
B.Â
The affirmative marketing plan is a regional marketing strategy designed
to attract buyers and/or renters of all majority and minority groups,
regardless of race, creed, color, national origin, ancestry, marital
or familial status, gender, affectional or sexual orientation, disability,
age or number of children to housing units which are being marketed
by a developer, sponsor or owner of affordable housing. The affirmative
marketing plan is intended to target those potentially eligible persons
who are least likely to apply for affordable units in that region,
and due to the Borough's settlement agreement, must include notice
to the Fair Share Housing Center, the NJ State Conference of the NAACP,
the Latino Action Network, Bergen County NAACP, Urban League of Bergen
County, Bergen County Housing Coalition, and Supportive Housing Association.
It is a continuing program that directs marketing activities toward
Housing Region 1 and is required to be followed throughout the period
of restriction.
C.Â
The affirmative marketing plan shall provide a regional preference
for all households that live and/or work in Housing Region 1, comprised
of Bergen, Hudson, Passaic and Sussex Counties.
D.Â
The municipality has the ultimate responsibility for adopting the
affirmative marketing plan and for the proper administration of the
Affirmative Marketing Program, including initial sales and rentals
and resales and rerentals. The administrative agent designated by
the Borough of Closter shall implement the affirmative marketing plan
to assure the affirmative marketing of all affordable units.
E.Â
In implementing the affirmative marketing plan, the administrative
agent shall provide a list of counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements, and landlord/tenant law.
F.Â
The affirmative marketing plan shall describe the media to be used
in advertising and publicizing the availability of housing. In implementing
the affirmative marketing plan, the administrative agent shall consider
the use of language translations where appropriate.
G.Â
The affirmative marketing process for available affordable units
shall begin at least four months (120 days) prior to the expected
date of occupancy.
H.Â
Applications for affordable housing shall be available in several
locations, including, at a minimum, the County Administration Building
and/or the County Library for each county within the housing region;
the municipal administration building and the municipal library in
the municipality in which the units are located; and the developer's
rental office. Applications shall be mailed to prospective applicants
upon request.
I.Â
In addition to other affirmative marketing strategies, the administrative
agent shall provide specific notice of the availability of affordable
housing units in Closter, and copies of the application forms, to
the following entities: the FSHC, the NJ State Conference of the NAACP,
the Latino Action Network, Bergen County NAACP, Urban League of Bergen
County, Bergen County Housing Coalition, and Supportive Housing Association.
J.Â
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner.
A.Â
Upon the occurrence of a breach of any of the regulations governing
an 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, a requirement for household
recertification, acceleration of all sums due under a mortgage, recuperation
of any funds from a sale in violation of the regulations, injunctive
relief to prevent further violation of the regulations, entry on the
premises, and specific performance.
B.Â
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(s) against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
(1)Â
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
adjudged 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:
(a)Â
A fine of not more than $500 per day or imprisonment for a period
not to exceed 90 days, or both, provided that each and every day that
the violation continues or exists shall be considered a separate and
specific violation of these provisions and not a continuation of the
initial offense; in the case of an owner who has rented a low- or
moderate-income unit in violation of the regulations governing affordable
housing units, payment into the Borough of Closter Affordable Housing
Trust Fund of the gross amount of rent illegally collected;
(b)Â
In the-case of an owner who has rented a 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.
(2)Â
The municipality may file a court action in the Superior Court
seeking a judgment that would result in the termination of the owner's
equity or other interest in the unit, in the nature of a mortgage
foreclosure. Any such 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- or moderate-income unit.
(a)Â
The 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 attorney's fees. The violating owner shall have his right
to possession terminated as well as his title conveyed pursuant to
the Sheriffs sale.
(b)Â
The proceeds of the Sheriffs 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 Sheriffs sale. In the event that
the proceeds from the Sheriffs sale are insufficient to reimburse
the municipality in full as aforesaid, the violating owner shall be
personally responsible for the full 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.
(c)Â
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 Sheriffs 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 Sheriffs sale shall not be entitled to any right of redemption.
(d)Â
If there are no bidders at the Sheriffs 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.
(e)Â
Failure of the low- and moderate-income unit to be either sold
at the Sheriffs 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.
(f)Â
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.
A.Â
Program definition. The administrative agency shall develop and implement
an affirmative marketing program for affordable housing units. The
affirmative marketing plan is a regional marketing strategy designed
to attract buyers and/or renters of all majority and minority groups,
regardless of sex, age or number of children, to housing units which
are being marketed by the developer of affordable housing. It is a
continuous program and covers the period of the deed restriction.
The affirmative marketing plan shall provide a regional preference
for all households that live and/or work in the Department Housing
Region 1, comprised of Bergen, Hudson, Passaic and Sussex Counties.
B.Â
Advertising.
(1)Â
Advertising for affordable housing units shall begin at least
four months prior to expected occupancy. There shall be at least one
paid advertisement in The Record and The Star Ledger during the first
week of the marketing program. The advertisement shall include:
(a)Â
The location of the units;
(b)Â
Directions to the housing units;
(c)Â
A range of prices for the housing units;
(d)Â
The size, as measured in bedrooms, of the housing units;
(e)Â
The maximum income permitted to qualify for the housing units;
(f)Â
The location of applications for the housing units; and
(g)Â
The business hours when interested households may obtain an
application for a housing unit.
(2)Â
The administrative agency shall supplement newspaper advertisements
by:
(a)Â
Providing quarterly published materials to the Bergen, Hudson,
Passaic and Sussex County Offices on Aging; Boards of Social Service;
and Boards of Realtors.
(b)Â
Providing quarterly published materials to mailing lists of
employers, public housing authorities, community development block
programs and nonprofit agencies that provide housing services within
Bergen, Hudson, Passaic, and Sussex Counties. Such materials shall
be mailed to:
[1]Â
The Hudson County Welfare Department.
[2]Â
Community Development Agencies of Bayonne, Guttenberg,
Hoboken, Jersey City, Union City and West New York.
[3]Â
Housing Authorities of Cliffside Park, Edgewater,
Englewood, Fort Lee, Garfield, Hackensack and Lodi.
[4]Â
Housing Authorities of Guttenberg, Bayonne, Harrison,
Hoboken, Jersey City, North Bergen, Secaucus, Union City, Weehawken,
West New York, Paterson and Passaic.
(c)Â
Posting advertisements in local businesses in and surrounding
Closter Borough.
(d)Â
Mailing information about affordable housing to local religious
organizations.
(e)Â
Notice the following organizations of all available affordable
housing units:
(3)Â
The cost of all newspaper and radio advertising shall be the
developer's responsibility and shall be established at preliminary
approval.
C.Â
Applications.
(1)Â
Applications for affordable housing shall be available at the
Closter Municipal Building, the Closter Municipal Library, and the
developer's sales office, as well as the County Administration Building
and/or the County Library for each County in Housing Region 1. As
well as the following organizations:
(2)Â
Applications shall be mailed to prospective applicants upon
request.
D.Â
Random selection procedures. Applications for low- and moderate-income
units shall be reviewed as follows:
(1)Â
Households that apply for low- and moderate-income housing shall
be screened for preliminary income eligibility by comparing their
total income to the low- and moderate-income limits adopted by COAH.
Applicants shall be notified as to their eligibility status.
(2)Â
Having screened applicants for preliminary income eligibility,
the administrative agency may analyze the income and household sizes
of applicants to determine which applicants have the assets and/or
income necessary to purchase or rent each available low- or moderate-income
unit.
(3)Â
The administrative agency shall interview each applicant and
utilize the procedures outlined to verify the applicant's income and
household size, determine the applicant's asset availability and review
the applicant's credit history. Applicants shall be required to submit
income verification for each household member 18 years or older. This
process shall be utilized in establishing the final certified applicant
group.
(4)Â
The process described in Subsection D(1) through (3) above shall begin no sooner than one month after the initial advertisement outline in Subsection B(2) above. Households shall proceed through the process described in Subsection D(1) through (3) based on their ability to provide the information required pursuant to Subsection D(1) through (3) and pursuant to the occupancy selection procedures included in § 200-54.33. Households shall be certified for affordable units using the procedures outlined in the affordable housing. The process described in Subsection D(1) through (3) shall be continued until all the low-and moderate-income units are occupied.
E.Â
Procedures following initial occupancy. Following the initial sale
or rental of affordable units, the administrative agency shall:
F.Â
Responsibilities.
(1)Â
The administrative agency is the agency under contract with
Closter Borough to administer the affirmative marketing program. The
administrative agency has the responsibility to income-qualify low-
and moderate-income households in low- and moderate-income units upon
initial occupancy; to provide for the initial occupancy of low- and
moderate-income units with income-qualified households; to continue
to qualify households for reoccupancy of units as they become vacant
during the period of affordability controls; to assist with advertising
and outreach to low- and moderate-income households; and to enforce
the terms of the deed restriction and mortgage loan. The administrative
agency shall also provide counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements, and landlord/tenant law.
(2)Â
The Borough's Administrator shall be designated to attend an
affirmative marketing housing program approved by COAH and serve as
the liaison to the administrative agency.
(3)Â
All developers shall submit an affirmative marketing plan for
marketing low- and moderate-income units that conforms to this subsection
of the article. The affirmative marketing plan shall be subject to
the administrative agency approval and shall be incorporated as a
condition of approval of the development application. The developer
shall also be responsible for the following unless such responsibilities
are waived by the administrative agency:
(a)Â
Submissions of information as to financing terms readily available
to low- and moderate-income households for use by the administrative
agency in computing maximum sales prices.
(b)Â
Submission of an affordable housing plan and an affirmative
marketing plan to the administrative agency for approval and submission
of proofs of publication to ensure compliance with said plan.
(c)Â
The marketing of all low- and moderate-income units in accordance
with the requirements of this article.
(d)Â
Submissions of quarterly reports to the administrative agency
detailing the number of low- and moderate-income households who have
signed leases or purchase agreements, as well as the number who have
taken occupancy of lower income units, including household size, number
of bedrooms in the unit, sale price and monthly carrying costs or,
in the case of rental units, the monthly rental charges and utilities
included.
(4)Â
The developer's responsibilities hereunder shall expire automatically
with respect to for-sale low- and moderate-income units upon the date
upon which the last low- and moderate-income unit within the particular
development is sold by the developer. With respect to rental low-
and moderate-income units, the developer's responsibilities shall
be assumed by the landlord and shall be performed by the landlord
so long as such unit is a rental low- and moderate-income unit and
subject to the restrictions of this article.
(5)Â
The developer of affordable housing units shall be responsible
for returning all applicant and sales records for affordable units
to the administrative agency to aid in reporting to the court or COAH
(whichever has jurisdiction) and to aid in the evaluation of the affirmative
marketing program.
A.Â
Wherever reference is made to low- or moderate-income housing in
the Borough's Zoning Ordinance, the standards, definitions and procedures
in this section shall apply.
B.Â
Except as otherwise expressly provided herein, no low-income unit
shall be offered for sale or rental except at prices that are affordable
by low-income households, and no moderate-income unit shall be offered
for sale or rental except at prices that are affordable by moderate-income
households. The provisions of this subsection shall apply equally
to qualified low- and moderate-income units or renters in terms of
controls on sale, resale, rental, or rerental of any low- and moderate-income
unit.
C.Â
However, nothing contained in this article shall restrict or preclude
any household which was classified as low- or moderate-income based
upon its gross aggregate household income at the time it purchased
or leased a low- or moderate-income unit from continuing to own or
lease said unit after its income exceeds the income ceilings established
in this article.
D.Â
Prospective purchasers of low- and moderate-income units shall receive,
prior to or simultaneously with the execution of the contract to purchase
a low- and moderate-income unit, a copy of the deed restriction and
shall execute a disclosure statement which briefly summarizes the
salient features of the use, occupancy and resale restrictions applicable
to the low- and moderate-income unit. It shall be the developer's
responsibility to provide such for the initial sales and subsequent
owner's responsibility to provide the same for resales. The developer
shall record the deed restriction prior to conveying any title to
any individual low- and moderate-income unit, and the deeds and leases
of individual low- and moderate-income units must reference the deed
restriction.
E.Â
The bylaws of the homeowner's association shall provide that the
proportional relationship between the condominium fees initially assessed
against market units and lower income units upon initial sale shall
be held constant over time with changes in the assessments. Further,
the public offering statement for any market units in inclusionary
developments shall clearly disclose the proportional relationship
to prospective purchasers.
Applications shall be accepted only if submitted on an application
form prepared and/or approved by the administrative agency. 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. In placing
households in low- and moderate-income unit, the following verification
and certification procedures shall be employed:
A.Â
Every household member 18 years of age or over who will live in the
affordable unit and receives income shall be required to provide income
documentation. This includes income received by adults on behalf of
minor children for their benefit. Household members 18 years of age
or over not receiving income must produce documentation of current
status.
B.Â
Verification may include, but is not limited to, the following:
(1)Â
Four consecutive pay stubs including overtime, bonuses, or tips
dated within 120 days of the interview date or a letter from an employer
stating present annual income figure as projected annually;
(2)Â
A copy of regular IRS form 1040 (tax computation form) 1040A,
or 1040 EZ, as applicable and state income tax returns filed for each
of the three years prior to the date of the interview;
(3)Â
A letter of appropriate reporting form verifying benefits such
as social security, unemployment, welfare, disability or pension income
(monthly or annually);
(4)Â
A letter or appropriate reporting form verifying any other sources
of income claimed by the applicant such as alimony and child support;
(5)Â
Reports that verify income from assets to be submitted by banks
or other financial institutions managing trust funds, money market
accounts, certificate of deposits, stocks or bonds;
(6)Â
Evidence or reports of income from assets such as real estate
or businesses that are directly held by any household member;
(7)Â
Evidence or reports that verify assets that do not earn regular
income such as non-income-producing real estate or savings that do
not earn interest; and
(8)Â
A notarized statement of explanation in such form as to be satisfactory
to the administrative agency.
C.Â
Generally, sources of annual income shall be based on regular income
reported to the IRS and which can be utilized for mortgage approval.
Household annual gross income shall be calculated by projecting current
gross income over a twelve-month period.
D.Â
Income includes but is not limited to wages, salaries, tips, commission,
alimony, regularly scheduled overtime, pensions, social security,
unemployment compensation, AFDC, verified regular child support, disability,
net income from business or real estate, and income from assets such
as savings, CDs money market, mutual funds, stocks and bonds and imputed
income from non-income producing assets such as equity in real estate.
E.Â
Assets not earning a verifiable income shall have an imputed interest
income using a current average annual savings interest rate. Assets
not earning income include present real estate equity. Applicants
owning real estate must produce documentation of a market value appraisal
and outstanding mortgage debt. The difference will be treated as the
monetary value of the asset and the imputed interest added to income.
F.Â
Income from assets that have delayed earnings, such as IRA's or annuity
programs, shall not be included in the current income until such payments
are being received. However, these assets must be reported and verified.
G.Â
Net rent from real estate is considered income after the monthly
mortgage payment including real estate taxes and insurance is deducted.
Other expenses are not deductible. In addition, the equity in the
rented real estate is considered an asset and will have the imputed
interest income on the calculated value of equity added to income.
H.Â
Income does not include payments, rebates, or credits received under
federal or state low-income home energy assistance programs, food
stamps, payments received for care of foster children, relocation
assistance benefits, income of live-in attendants, scholarships, student
loans, personal property such as automobiles, lump-sum additions to
family assets such as inheritances, one-time lottery winnings, and
insurance settlements except for additional income earned from these
additions, and casual, sporadic or irregular gifts and bonuses.
I.Â
Standard credit information services that provide conventional credit
and tenant reports may be utilized when certifying a household with
required written permission from the household. An unsatisfactory
credit history or credit information that demonstrates a disproportionate
debt-to-income ratio may result in a denial of certification. Court-ordered
payments for alimony or child support to another household shall be
considered a regular monthly debt whether or not it is being paid
regularly.
J.Â
Households whose total gross annual income is measured at 50% or
below 50% of the authorized median income guideline shall be certified
as low-income households and referred to units designated for low-income
households.
K.Â
Households whose total gross annual income is measured above 50%
but below 80% of the authorized median income guideline shall be certified
as moderate-income households and referred to units designated for
moderate-income households.
L.Â
Generally, households will be referred to units where predetermined
total monthly housing costs correspond to the household's calculated
ability to pay using 28% of gross monthly income as a standard for
home ownership and 30% of gross monthly income as standard for rental
units.
M.Â
At the discretion of the administrative agency, households may also
be required to produce documentation of household composition for
determining the correct unit size and applicable median income guide.
N.Â
Generally, households will be referred to available units using the
following standards of occupancy:
O.Â
Households may be considered for units other than as above, but in no case shall a household be referred to a unit that provides for more than one additional bedroom per household occupancy standard as stated in Subsection N above.
P.Â
A form for certification shall be prepared and signed by the administrative
agency. Only households receiving certification shall be referred
to affordable units.
Q.Â
Certified household who reject an opportunity for affordable housing
may remain on the referral list at their request and may be reinterviewed
for certification when their name appears on a list for a subsequent
unit.
R.Â
Certification shall be valid for no more than 120 days unless a valid
sales contract or lease has been executed within that time period.
In this event, certifications shall be valid until such time as the
sales contract or lease is ruled invalid and no occupancy has occurred.
Certifications may be renewed in writing at the request of a certified
household for no more than an additional period of 120 days at the
discretion of the administrative agency.
S.Â
Households who are denied certification may make a written request
for redetermination. Households shall be required to produce additional
documentation to support their claim.
