[Ord. No. 1279-11-09 § 1]
The purpose of this article is to create the administrative
mechanisms needed for the execution of Little Ferry's responsibility
to assist in the provision of affordable housing pursuant to the Fair
Housing Act of 1985.
[Ord. No. 1279-11-09 § 2]
As used in this article:
ADMINISTRATIVE AGENT
Shall mean the entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
the Borough of Little Ferry to ensure that the restricted units under
the administration are affirmatively marketed and sold or rented,
as applicable, only to low- and moderate-income households.
MUNICIPAL HOUSING LIAISON
Shall mean the employee charged by the Governing Body with
the responsibility for oversight and administration of the affordable
housing program for the Borough of Little Ferry.
[Ord. No. 1279-11-09 § 3]
a. Establishment of position of Municipal Housing Liaison. There is
hereby established the position of Municipal Housing Liaison for the
Borough of Little Ferry.
b. Subject to the approval of the Council on Affordable Housing (COAH),
the Municipal Housing Liaison shall be appointed by the Governing
Body and may be a full or part time municipal employee.
c. The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Borough
of Little Ferry, including the following responsibilities which may
not be contracted out, exclusive of paragraph 6 below which may be
contracted out:
1. Serving as Little Ferry's primary point of contact for all inquiries
from the State, affordable housing providers, Administrative Agents,
and interested households;
2. Monitoring the status of all restricted units in Little Ferry's Fair
Share Plan;
3. Compiling, verifying, and submitting annual reports as required by
COAH;
4. Coordinating meetings with affordable housing providers and Administrative
Agents as applicable;
5. Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved
by COAH;
6. If applicable, serving as the Administrative Agent for some or all
of the restricted units in the Borough of Little Ferry as described
in paragraph f below.
d. Subject to approval by the Court and/or COAH, if so delegated by
the Court, Little Ferry may contract with or authorize a consultant,
authority, government or any agency charged by the Governing Body,
which entity shall have the responsibility of administering the affordable
housing program of the Borough of Little Ferry, except for those responsibilities
which may not be contracted out pursuant to paragraph c above. If
the Borough of Little Ferry, contracts with another entity to administer
all or any part of the affordable housing program, including the affordability
controls and Affirmative Marketing Plan, the Municipal Housing Liaison
shall supervise the contracting Administrative Agent.
e. Compensation. Compensation shall be fixed by the Governing Body at
the time of the appointment of the Municipal Housing Liaison.
f. Administrative powers and duties assigned to the Municipal Housing
Liaison.
1. Creating and maintaining a duplicate of the Administrative Agent's
file on each restricted unit for its control period, including the
recorded deed with restrictions, recorded mortgage and note, as appropriate;
2. Referring inquiries regarding affordable housing to the Administrative
Agent;
3. Instituting and maintaining an effective means of communicating information
between owners and the Administrative Agent regarding the availability
of restricted units for resale or rental;
4. Instituting and maintaining an effective means of communicating information
to low- and moderate-income households regarding the availability
of restricted units for resale or rerental.
5. Referring requests from owners of restricted units who wish to take
out home equity loans or refinance during the term of their ownership
to the Administrative Agent, for review and approval of such requests.
6. Referring 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
cost of central air conditioning systems) to the Administrative Agent
for review and approval of such requests;
7. Referring requests from owners of restricted units for hardship waivers
to the Administrative Agent for review and approval of such requests.
8. Securing annually lists 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;
9. 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;
10. The posting annually in all rental properties, including two-family
homes, of a notice as to the maximum permitted rent together with
the telephone number of the Administrative Agent where complaints
of excess rent can be made;
11. 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;
12. Establishing a program for diverting unlawful rent payments to the
municipality's affordable housing trust fund or other appropriate
municipal fund approved by the DCA;
13. Providing annual reports to COAH as required, based upon information
supplied by the Administrative Agent.