The following terms, when used in this article, shall have the
following meanings:
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 Township to administer affordable
units in accordance with this article, 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 very-low-,
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 Township's
fair share obligation, and includes, but is not limited to, an inclusionary
development, a municipal construction project or a 100-percent 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.
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.).
AGE-RESTRICTED UNIT
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: 1) all the residents of the development wherein the unit
is situated are 62 years of age or older; or 2) at least 80 % of the
units are occupied by one person who is 55 years of age or older;
or 3) the development has been designated by the Secretary of the
U.S. Department of Housing and Urban Development as "housing for older
persons" as defined in Section 807(b)(2) of the Fair Housing Act,
42 U.S.C. § 3607.
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 very-low-income, 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 or 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.
DEVELOPMENT FEE
Money paid by a developer for the improvement of property
as permitted at N.J.A.C. 5:97-8.3.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with Sections 1,
5, and 6 of P.L. 1973, c.123 (N.J.S.A. 54:1-35a through 54:1-35c).
GREEN BUILDING STRATEGIES
Those strategies that minimize the impact of development
on the environment, and enhance the health, safety and well-being
of residents by producing durable, low-maintenance, resource-efficient
housing, including the use of green infrastructure, while making optimum
use of existing infrastructure and community services.
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 very-low-, 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.
NON-EXEMPT 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
et seq, as amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
SETTLEMENT AGREEMENT
The settlement agreement between the Township of Millstone
and Fair Share Housing Center dated September 5, 2019, in IMO Township
of Millstone, Docket No. MON-L-2501-15.
UHAC
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26-1 et seq.
VERY-LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal
to or less than 30% 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;
is considered a major system for purposes of a rehabilitation program.
The Township of Millstone shall comply with the following monitoring
and reporting requirements regarding the status of the implementation
of its Housing Element and Fair Share Plan:
a. Beginning
on July 1, 2020, and on every anniversary of that date through July
1, 2025, the Township shall provide annual reporting of its Affordable
Housing Trust Fund activity to the New Jersey Department of Community
Affairs, Council on Affordable Housing, or Local Government Services,
or other entity designated by the State of New Jersey, with a copy
provided to Fair Share Housing Center (FSHC) and posted on the municipal
website, using forms developed for this purpose by the New Jersey
Department of Community Affairs (NJDCA), Council on Affordable Housing
(COAH), or Local Government Services (NJLGS). The reporting shall
include an accounting of all Affordable Housing Trust Fund activity,
including the source and amount of funds collected and the amount
and purpose for which any funds have been expended.
b. Beginning
on July 1, 2020, and on every anniversary of that date through July
1, 2025, the Township shall 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 FSHC, using forms previously developed for this purpose by COAH
or any other forms endorsed by the Special Master and FSHC.
c. By July
1, 2020, as required pursuant to N.J.S.A. 52:27D-313, the Township
will post on its municipal website, with a copy provided to 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. By July
1, 2020, and every third year thereafter, as required by N.J.S.A.
52:27D-329.1, the Township 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.
In inclusionary developments, the following schedule for the
issuance of certificates of occupancy for the required affordable
housing units relative to the issuance of certificates of occupancy
for the permitted market units shall be as follows:
Maximum Percentage of Market-Rate Units Completed (COs Issued)
|
Maximum Percentage of Low- and Moderate-Income Units Completed
(COs Issued)
|
---|
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 homeowner association fees and special assessments
paid by very-low-, 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 approved capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom. See §
35-8-13, Capital Improvements to Ownership Units.
All one-hundred-percent affordable projects, including projects
funded through low-income housing tax credits, shall comply with the
Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq.,
except as modified by the terms of the settlement agreement executed
between the Township of Millstone and Fair Share Housing Center (FSHC),
as such settlement agreement may be further amended and supplemented.
All such projects shall be required to have an initial thirty-year
affordability control period.
An administrative agent may either be an independent entity
serving under contract to and reporting to the municipality, or the
municipality itself, through a designated municipal employee, department,
board, agency or committee, pursuant to N.J.A.C. 5:80-26.14(c). 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 be qualified through
a training program sponsored by the Affordable Housing Professionals
of New Jersey before assuming the duties. 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, 16 and 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 Township
of Millstone and the provisions of N.J.A.C. 5:80-26.15; and
2. Providing
counseling or contracting to provide counseling services to very-low-,
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 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 Township of Millstone when referring households for certification
to affordable units; and
7. Notifying
the following entities of the availability of affordable housing units
in the Township of Millstone: Fair Share Housing Center; the New Jersey
State Conference of the NAACP; the Latino Action Network; and the
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 Monmouth
County Register of Deeds or Monmouth 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
low- (or very-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 article;
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 Township Committee and the Court, setting forth procedures for
administering the affordability controls. The operating manual(s)
shall be available for public inspection in the office of the Township
Clerk, in the office of the Municipal Housing Liaison, and in the
office(s) of the administrative agent(s).
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 article.
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.
The Township of Millstone shall provide annual reporting of
Affordable Housing Trust Fund activity to the State of 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 and
posted on the municipal website, using forms developed for this purpose
by the New Jersey Department of Community Affairs, Council on Affordable
Housing or Local Government Services. The reporting shall include
an accounting of all Affordable Housing Trust Fund activity, including
the sources and amounts of funds collected and the amounts and purposes
for which any funds have been expended. Such reporting shall include
an accounting of development fees collected from residential and nonresidential
developers, payments in lieu of constructing affordable units on site
(if permitted by ordinance or by agreement with the Township), funds
from the sale of units with extinguished controls, barrier-free escrow
funds, rental income from Township-owned affordable housing units,
repayments from affordable housing program loans, and any other funds
collected in connection with Millstone Township's affordable housing
programs, as well as an accounting of the expenditures of revenues
and implementation of the spending plan approved by the Court.
Appeals from all decisions of an administrative agent appointed
pursuant to this article shall be filed in writing with the Court.