[Ord. No. 855 §§ 1—14;
amended 11-26-2019 by Ord. No.
19-12]
This section shall be known and may be cited as the "Affordable
Housing Ordinance of the Borough of Haworth."
The purpose of this section 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 section shall have the
meanings given in this section:
ACT
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
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 designated by the Borough to administer affordable
units in accordance with this section, N.J.A.C. 5:93 and UHAC (N.J.A.C. 5:80-26).
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 new restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
AFFORDABLE
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.
AFFORDABLE HOUSING DEVELOPMENT
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.
AFFORDABLE HOUSING PROGRAM(S)
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
AFFORDABLE UNIT
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.
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:
a.
All the residents of the development wherein the unit is situated
are 62 years of age or older; or
b.
At least 80% of the units are occupied by one person who is
55 years of age or older; or
c.
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.).
ALTERNATIVE LIVING ARRANGEMENT
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.
ASSISTED LIVING RESIDENCE
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.
CERTIFIED HOUSEHOLD
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
COAH
The Council on Affordable Housing, as established by the
New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
DCA
The State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT
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.
DEVELOPER
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.
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. 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.
LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal
to 50% or less of the regional median household income by household
size.
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 and 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 housing
region as adopted annually by COAH or a successor entity approved
by the court.
MODERATE-INCOME HOUSEHOLD
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.
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 duly adopted Regional Income Limits published annually
by COAH or a successor entity.
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 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.
UHAC
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26 et seq.
VERY-LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal
to 30% or less of the regional median household income by household
size.
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 purposes of a rehabilitation
program.
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
|
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. Provide an occupant for each bedroom;
b. Provide children of different sexes with separate bedrooms;
c. Provide separate bedrooms for parents and children; and
d. Prevent more than two persons from occupying a single bedroom.
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 master deeds of inclusionary developments shall provide no distinction
between the condominium or homeowners' association fees and special
assessments paid by low- and moderate-income purchasers and those
paid by market purchasers.
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 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 Subsection
30-1.15.
[Ord. No. 853 § 1]
This section shall be known, and may be cited, as the "Affirmative
Marketing Ordinance of the Borough of Haworth."
[Ord. No. 853 § 2]
The Borough of Haworth has a fair share obligation of zero units
due to lack of vacant and developable land. It will address its housing
obligation by the adoption of overlay zoning of certain property so
as to provide the option of inclusionary development. This affirmative
marketing ordinance shall apply to all developments that contain low
and moderate income housing units.
[Ord. No. 853 § 3]
The affirmative marketing plan is a regional marketing strategy
designed to attract income eligible households of all majority and
minority groups, regardless of sex, age or number of children, for
the purpose of buying or renting affordable housing units. The plan
shall address the requirements of N.J.A.C. 5:93-11. In addition, the
plan prohibits discrimination in the sale, rental, financing, etc.,
on the basis of race, color, sex, religion, handicap, age, familial
status/size or national origin. The Borough is in the housing region
consisting of Bergen, Passaic, Hudson, and Sussex Counties. The affirmative
marketing plan is a continuing program and shall meet the following
requirements:
a. All newspaper articles, announcements and requests for applicants
for low and moderate income housing shall appear in the following
daily regional newspaper: The Bergen Record.
b. The initial advertising of affordable housing must take the form
of at least one press release and one paid display advertisement in
each of the above newspaper(s). At a minimum, the paid display advertisement
shall include the following:
2. Directions to housing units
3. Number of bedrooms per unit
6. Income range for qualifying households
8. Telephone number and office hours for obtaining information and requesting
applications.
c. Applications must be mailed to prospective applicants upon request.
d. Public service announcements shall be made through the use of the
following radio and/or cable television stations broadcasting throughout
the region: WWRV; WVNJ; WJUX-FM; WNNJ-FM; WNNJ-AM; WNJR; Cablevision
of N.J. Inc.; TCI of Northern NJ; Service Electric Cable TV of NJ;
Cablevision of Hudson Co.; Comcast Cablevision of Jersey City.
e. Announcements, requests for applicants and newspaper articles may
be placed in the following neighborhood-oriented weekly newspapers,
religious publications and organizational newsletters within Bergen,
Passaic, Hudson, and Sussex Counties as needed: Bergen County Community
Action Program; Bergen County United Way; Catholic Family Services;
United Way of Sussex; Catholic Community Services; Urban League of
Hudson County, Inc.; United Way of Hudson County, Inc.; Bergen County
Housing Coalition Tenant Outreach Program; Catholic Community Services
(Paramus); Spectrum for Living; Urban League For Bergen County Inc.;
NAACP - Bergen County; NAACP - Passaic Branch; NAACP of Paterson;
Hispanic Information Center of Passaic, Inc.; Jewish Family Service
of Greater Clifton-Passaic; United Way of Passaic County; Interfaith
Community Organizations; Catholic Community Services (Jersey City);
Council of Social Agencies; Englewood Hispanic Association; Hudson
County Housing Resource Center; NAACP - Jersey City Branch.
f. Affordable housing applications, brochures, signs and/or announcements
regarding the availability of affordable housing units within the
Borough shall be forwarded to and posted at the following three-scale
employers within the region:
1. Hackensack Medical Center, 30 Prospect St., Hackensack, NJ.
2. Quest Diagnostics, 1 Malcolm Ave., Teterboro, NJ.
3. Becton Dickinson, 1 Becton Drive, Franklin Lakes, NJ.
g. The following is a listing of community and regional organizations
in Bergen, Passaic, Hudson, and Sussex Counties that will aid in the
affirmative marketing program with particular emphasis on contacts
that will reach out to groups that are least likely to apply for affordable
housing within the region: Bergen County Community Action Program;
Bergen County United Way; Catholic Family Services; United Way of
Sussex; Catholic Community Services; Hispanic Women's Resource
Center; Interfaith Community Services; Urban League of Hudson County,
Inc.; United Way of Hudson County, Inc.; Bergen County Housing Coalition
Tenant Outreach Program Catholic Community Services (Paramus); Spectrum
for Living; ; NAACP - Passaic Branch; NAACP of Paterson; Hispanic
Information Center of Passaic, Inc.; Jewish Family Service of Greater
Clifton-Passaic; United Way of Passaic County; Interfaith Community
Organizations; Catholic Community Services (Jersey City); Council
of Social Agencies; Englewood Hispanic Association; Hudson County
Housing Resource Center; NAACP - Jersey City Branch; Fair Share Housing
Center; New Jersey State Conference of the NAACP; Latino Action Network;
Bergen County NAACP; Bergen County Urban League; Bergen County Housing
Coalition; and Supportive Housing Association.
[Amended 11-26-2019 by Ord. No. 19-13]
h. Affordable housing applications, brochures, announcements and/or
posters will be forwarded to and posted at the following locations:
Bergen County Workforce Investment Board; UJA of Bergen County; Newton
Housing Authority; Fair Housing Council of Northern NJ; Jersey City
Housing Authority; Hoboken Housing Authority; Bayonne Housing Authority;
Housing Authority of Hackensack; Housing Authority of Englewood; Housing
Authority of Lodi; Housing Authority of Passaic; Housing Authority
of Paterson; Housing Authority of West New York; Housing Authority
of Union City; Passaic County Public Housing Agency; City of Paterson,
Department of Community Affairs; City of Clifton Housing Authority;
Fair Share Housing Center; New Jersey State Conference of the NAACP;
Latino Action Network; Bergen County NAACP; Bergen County Urban League;
Bergen County Housing Coalition; and Supportive Housing Association.
[Amended 11-26-2019 by Ord. No. 19-13]
i. Quarterly information circulars and applications shall be sent to
each of the following agencies for publication in their journals and
for circulating among their members: Bergen County Community Action
Program; Bergen County United Way; Catholic Family Services; United
Way of Sussex; Catholic Community Services; Hispanic Women's
Resource Center; Interfaith Community Services; Urban League of Hudson
County, Inc.; United Way of Hudson County, Inc.; Bergen County Housing
Coalition Tenant; Catholic Community Services; Spectrum for Living;
Urban League for Bergen County Inc.; NAACP - Bergen County; NAACP
- Passaic Branch; NAACP; Hispanic Information Center of Passaic, Inc.;
Jewish Family Service of Greater Clifton-Passaic; United Way of Passaic
County; Interfaith Community Organizations; Catholic Community Services;
Council of Social Agencies; Englewood Hispanic Association; Hudson
County Housing Resource Center; NAACP - Jersey City Branch; The Heightened
Independence and Progress; Jersey Journal; LaTribuna Hispana-USA;
New Jersey Herald.
j. Additional quarterly informational circulars and applications shall
be sent to each of the nonprofit, religious, governmental, fraternal,
civic, community action agencies in Bergen, Passaic, Hudson, and Sussex
Counties listed in Sections g and h above.
k. The random selection method that will be used to select occupants
of low and moderate income housing shall be the method typically employed
by the administrative entity and shall be in accordance with the regulations
of COAH.
l. Piazza & Associates, Inc., will be the agency under contract
with the Borough to administer the affordable housing units. The administrative
entity has the responsibility to advertise for income-qualified low
and moderate income households; to place eligible households in low
and moderate income units upon initial occupancy; to continue to qualify
households for re-occupancy of units as they become vacant and to
enforce the terms of the deed restriction. The Borough or the administrative
entity will provide counseling services to low and moderate income
applicants on subjects such as budgeting, credit issues, mortgage
qualifications, rental lease requirements and landlord-tenant law.
In addition, the Borough is designating the Borough Administrator
as a part-time "housing officer" to act as liaison between COAH, the
municipality and the administrative entity. The municipal liaison
will be responsible for tracking the progress of affordable housing,
fielding inquiries regarding affordable housing from the public and
COAH, complying with COAH monitoring and reporting requirements as
per N.J.A.C. 5:93-11.6 and 5:93-12.1.
[Amended 11-26-2019 by Ord. No. 19-13]
m. Developers/builders/sponsors of low and moderate income housing units
shall be required by the Borough to assist in the advertising of affordable
units in their respective developments in accordance with the preceding
paragraphs. Such advertising must be coordinated with the administrative
entity and is subject to the approval of the Borough.
n. The Borough, in conjunction with the administrative entity, may delegate
other specific tasks to a developer/builder/sponsor (such as interviewing
applicants, pre-screening households, etc.) provided that copies of
all applications, income verification documents, sales records, etc.,
of the low and moderate income units are returned to the administrative
entity for reporting purposes and to aid with future resales.
o. Households who live or work in the housing region of Bergen, Passaic,
Hudson, and Sussex Counties may be given preference for the affordable
housing units within the municipality. Applicants living outside the
housing region shall have an equal opportunity for units after intraregional
applicants have been processed. The Borough intends to comply with
N.J.A.C. 5:93-11.7.
p. The affirmative marketing plan for new units shall commence 120 days
before the issuance of either temporary or permanent Certificates
of Occupancy. Affirmative marketing shall continue until all low and
moderate income housing units are initially occupied. Affirmative
marketing for existing units shall continue on an "as needed" basis
for as long as affordable units are deed restricted.
[Ord. No. 853 § 4]
This ordinance will amend the Haworth Land Use Ordinance and
will require that the developer satisfy applicable requirements of
this ordinance prior to the issuance of a building permit and prior
to the issuance of a Certificate of Occupancy.
[Ord. No. 950 §§ 1—3;
amended 11-26-2019 by Ord. No.
19-12]
The purpose of this section is to create the administrative
mechanism needed for the execution of the Borough of Haworth's
responsibility to assist in the provision of affordable housing.
a. The Borough of Haworth 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). Haworth
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. The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for Haworth,
including the following responsibilities which may not be contracted
out to the administrative agent:
1. Serving as Haworth'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 Haworth's Fair
Share Plan;
3. Compiling, verifying, submitting and posting all monitoring reports
as required by the court and by this chapter;
4. Coordinating meetings with affordable housing providers and administrative
agents, as needed; and
5. Attending continuing education opportunities on affordability controls,
compliance monitoring and affirmative marketing at least annually
and more often as needed.
c. Subject to the approval of the court, the Borough of Haworth 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 chapter. 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. Compensation shall be fixed by the governing body at the time of
the appointment of the Municipal Housing Liaison.
[Ord. No. 986 § 1—20;
amended 11-26-2019 by Ord. No.
19-12]
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 N.J.A.C. 5:80-26.14, 5:80-16 and 5:80-18 thereof, which includes:
a. Affirmative Marketing:
1. Conducting an outreach process to affirmatively market affordable
housing units in accordance with the Affirmative Marketing Plan of
the Borough of Haworth and the provisions of N.J.A.C. 5:80-26.15;
and
2. 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. Household Certification:
1. Soliciting, scheduling, conducting and following up on interviews
with interested households;
2. 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. Providing written notification to each applicant as to the determination
of eligibility or noneligibility;
4. 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. 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. Employing a random selection process as provided in the Affirmative
Marketing Plan of the Borough of Haworth when referring households
for certification to affordable units; and
7. Notifying the following entities of the availability of affordable
housing units in the Borough of Haworth: 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. Affordability Controls:
1. 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. 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. 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. Communicating with lenders regarding foreclosures; and
5. Ensuring the issuance of continuing certificates of occupancy or
certifications pursuant to N.J.A.C. 5:80-26.10.
d. Resales and Rerentals:
1. 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. 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. Processing Requests from Unit Owners:
1. 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 chapter;
2. 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. Notifying the municipality of an owner's intent to sell a restricted
unit; and
4. Making determinations on requests by owners of restricted units for
hardship waivers.
f. Enforcement:
1. 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. 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. 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. 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. Establishing a program for diverting unlawful rent payments to the
municipality's Affordable Housing Trust Fund; and
6. 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. Additional Responsibilities:
1. The administrative agent shall have the authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
2. 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 chapter and the Settlement Agreement.
3. The administrative agent shall attend continuing education sessions
on affordability controls, compliance monitoring, and affirmative
marketing at least annually and more often as needed.