[Added 12-4-2018 by Ord.
No. 21-18]
The Borough of Mount Arlington shall comply with the following
monitoring and reporting requirements regarding the status of the
implementation of its court-approved Housing Element and Fair Share
Plan:
a.
Beginning on February 8, 2020, one year from the court's approval
of the Borough's Spending Plan, and on every anniversary of that date
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 (COAH), 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 February 8, 2020, and on every anniversary of that date
through February 8, 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.
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.
By March 1, 2020, and every third year thereafter, as required by
N.J.S.A. 52:27D-329.1, 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.
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.[1]
The entity designated by the Borough who is responsible for
administering the affordability controls of the units in the affordable
housing program for the Borough to ensure that the restricted units
under administration are affirmatively marketed and sold or rented,
as applicable, only to low- and moderate-income households in accordance
with this article, N.J.A.C. 5:93,[2] 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,[3] 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[4] and approved for crediting by the court, Council on Affordable
Housing (COAH) 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: 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.
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 Council on Affordable Housing (COAH).
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.
The employee charged with the responsibility for oversight
and administration of the affordable housing program.
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 COAH 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.
5:80-26.1 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.
[1]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
[2]
Editor's Note: In accordance with N.J.S.A. 52:14B —
5.1b, Chapter 93, Substantive Rules of the New Jersey Council on Affordable
Housing for the Period Beginning June 6, 1994, expired on 10-16-2016.
[3]
Editor's Note: In accordance with N.J.S.A. 52:14B —
5.1b, Chapter 93, Substantive Rules of the New Jersey Council on Affordable
Housing for the Period Beginning June 6, 1994, expired on 10-16-2016.
[4]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
a.
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 Mount Arlington
pursuant to the Borough's 2018 Third Round Housing Element and Fair
Share Plan.
b.
Moreover, the provisions of this article shall apply to all developments
that contain very-low-, low- and moderate-income housing units, including
any currently unanticipated future developments that will provide
very-low-, low- and moderate-income housing units, and also including
projects that may be funded with Low Income Housing Tax Credit financing,
which shall comply with the income and bedroom distribution requirements
of this article.
c.
Any property in the Borough of Mount Arlington that is currently
zoned for nonresidential uses and subsequently receives a zoning change
or use variance or approval of a redevelopment plan to permit multifamily
residential development, or that is currently zoned for residential
uses and receives a zoning change or density variance or approval
of a redevelopment plan to permit multifamily residential development,
which multifamily residential development will be constructed at a
density of six or more units per acre and yielding five or more new
dwelling units, shall provide an affordable housing set-aside of 15%
if the affordable units will be for rent and 20% if the affordable
units will be for sale. 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, variance or other relief, or establish
any obligation on the part of the Borough of Mount Arlington 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.
The administration of an alternative living arrangement shall be
in compliance with N.J.A.C. 5:93-5.8[1] and UHAC, with the following exceptions:
(1)
Affirmative marketing (N.J.A.C. 5:80-26.15), provided, however, that
the units or bedrooms may be affirmatively marketed by the provider
in accordance with an alternative plan approved by the court;
(2)
Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).
[1]
Editor's Note: In accordance with N.J.S.A. 52:14B —
5.1b, Chapter 93, Substantive Rules of the New Jersey Council on Affordable
Housing for the Period Beginning June 6, 1994, expired on 10-16-2016.
b.
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.
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.
Low/moderate split and bedroom distribution of affordable housing
units:
(1)
The fair share obligation shall be divided equally between very-low-,
low- or 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)
In each affordable development, at least 50% of the restricted units
within each bedroom distribution shall be very-low- or low-income
units.
(3)
Affordable developments that are not age-restricted shall be structured
in conjunction with realistic market demands such that:
(a)
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total very-low-, low- or moderate-income
units;
(b)
At least 30% of all very-low-, low- or moderate-income units
shall be two-bedroom units;
(c)
At least 20% of all very-low-, low- or moderate-income units
shall be three-bedroom units; and
(d)
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
(4)
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
very-low-, low- or 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.
Accessibility requirements:
(2)
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
(a)
An adaptable toilet and bathing facility on the first floor;
and
(b)
An adaptable kitchen on the first floor; and
(c)
An interior accessible route of travel on the first floor; and
(d)
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)
If not all of the foregoing requirements in Subsection b(2)(a)
through (d) can 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)
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,[2] or evidence that Mount Arlington has collected funds from
the developer sufficient to make 10% of the adaptable entrances in
the development accessible:
[i]
Where a unit has been constructed with an adaptable entrance,
upon the request of a disabled person who is purchasing or will reside
in the dwelling unit, an accessible entrance shall be installed.
[ii]
To this end, the builder of restricted units shall deposit funds
within the Borough of Mount Arlington's Affordable Housing Trust Fund
sufficient to install accessible entrances in 10% of the affordable
units that have been constructed with adaptable entrances.
[iii]
The funds deposited under Subsection b(2)(f)[ii]
above shall be used by the Borough of Mount Arlington 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.
[iv]
The developer of the restricted units shall submit a design
plan and cost estimate to the Construction Official of the Borough
of Mount Arlington for the conversion of adaptable to accessible entrances.
[v]
Once the Construction Official has determined that the design
plan to convert the unit entrances from adaptable to accessible meets
the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7,[3] 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.
[3]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
[2]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
(3)
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.[4]
[4]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
c.
Design:
(1)
In inclusionary developments, to the extent possible, very-low-,
low- or moderate-income units shall be integrated with the market
units.
(2)
In inclusionary developments, very-low-, low- or moderate-income
units shall have access to all of the same common elements and facilities
as the market units.
d.
Maximum rents and sales prices:
(1)
In establishing rents and sales prices of affordable housing units,
the administrative agent shall follow the procedures set forth in
UHAC, utilizing the most recently published regional weighted average
of the uncapped Section 8 income limits published by HUD and the calculation
procedures set forth in the Consent Order entered on December 16,
2016, by the Honorable Douglas K. Wolfson, JSC, in In the Matter of
the Township of East Brunswick for a Judgment of Compliance of its
Third Round Housing Element and Fair Share Plan, Docket No. MID-L-004013-15.
(2)
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted rental units
shall be affordable to households earning no more than 52% of median
income.
(3)
The developers and/or municipal sponsors of restricted rental units
shall establish at least one rent for each bedroom type for both low-income
and moderate-income units, provided that at least 13% of all low-
and moderate-income rental units shall be affordable to very-low-income
households, which very-low-income units shall be part of the low-income
requirement.
(4)
The maximum sales price of restricted ownership units within each
affordable development shall be affordable to households earning no
more than 70% of median income, and each affordable development must
achieve an affordability average of 55% for restricted ownership units;
in achieving this affordability average, moderate-income ownership
units must be available for at least three different 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)
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)
A studio shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one-and-one-half-person
household;
(c)
A two-bedroom unit shall be affordable to a three-person household;
(d)
A three-bedroom unit shall be affordable to a four-and-one-half-person
household; and
(e)
A four-bedroom unit shall be affordable to a six-person household.
(6)
In determining the initial 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)
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 homeowners'
association fees do not exceed 28% of the eligible monthly income
of the appropriate size household as determined under N.J.A.C. 5:80-26.4,
as may be amended and supplemented; provided, however, that the price
shall be subject to the affordability average requirement of N.J.A.C.
5:80-26.3, as may be amended and supplemented.
(8)
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
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)
The price of owner-occupied very-low-, low- or 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)
The rents of very-low-, low- or moderate-income units may be
increased annually based on the permitted percentage increase in the
Housing Consumer Price Index for the Northeast Urban Area. 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.
Affordable units shall utilize the same type of heating source as
market units within an inclusionary development.
b.
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.
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 Mount Arlington
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.
The affordability control period for a restricted ownership unit
shall commence on the date the initial certified household takes title
to the unit.
c.
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.
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 nonexempt sale after the unit's
release from the restrictions set forth in this article, an amount
equal to the difference between the unit's non-restricted 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.
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.
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.
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's 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 § 17-80.
a.
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.
Notwithstanding the foregoing, the administrative agent may, upon
approval by the Borough Council, and subject to the court and/or Council
on Affordable Housing (COAH)'s approval, permit a moderate-income
purchaser to buy a low-income unit if and only 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.
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. Violations of this provision shall be subject to the applicable enforcement provisions of § 17-87 of this article.
d.
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 homeowners' association fees, as applicable) does
not exceed 33% of the household's eligible monthly income.
a.
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.
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.
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.
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.
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 Mount Arlington
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.
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 Morris. 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.
A restricted rental unit shall remain subject to the affordability
controls of this article despite the occurrence of any of the following
events:
a.
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.
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.
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.
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.
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)
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)
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)
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.
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)
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)
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)
The household is currently in substandard or overcrowded living conditions;
(4)
The household documents the existence of assets with which the household
proposes to supplement the rent payments; or
(5)
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.
c.
The applicant shall file documentation sufficient to establish the
existence of the circumstances in Subsection B(1) through (5) above
with the administrative agent, who shall counsel the household on
budgeting.
a.
The Borough shall appoint a specific municipal employee to serve
as a Municipal Housing Liaison responsible for administering the Borough's
affordable housing program, including overseeing the administration
of affordability controls on the affordable units and the affirmative
marketing of available affordable units in accordance with the Borough's
Affirmative Marketing Plan; fulfilling monitoring and reporting requirements;
and supervising any administrative agent(s). A resolution appointing
the person to fulfill the position of Municipal Housing Liaison should
be adopted at the reorganization meeting or as soon thereafter as
possible. The Municipal Housing Liaison shall be appointed by the
Mayor and may be a full- or part-time municipal employee. The Municipal
Housing Liaison is subject to the approval of the Council on Affordable
Housing (COAH) and shall be duly qualified through a training program
sponsored by Affordable Housing Professionals of New Jersey before
assuming the duties of Municipal Housing Liaison.
b.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for Mount Arlington,
including the following responsibilities which also may be contracted
out to the administrative agent:
(1)
Serving as Mount Arlington'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 Mount Arlington's
Fair Share Plan;
(3)
Compiling, verifying, submitting and posting all monitoring and/or
annual reports as required by the Council on Affordable Housing (COAH)
and by this article;
(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 as offered or approved
by COAH.
c.
The Mayor 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 Council on Affordable Housing
(COAH). 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. Compensation shall be fixed by the Borough in its Salary
Ordinance.
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.S.A. 5:80-26.14, 5:80-26.16 and 5:80-26.18 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 Mount Arlington 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 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 Mount Arlington 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 Mount Arlington: Fair Share Housing
Center, the New Jersey State Conference of the NAACP, the Latino Action
Network, Morris County NAACP, Newark NAACP, East Orange NAACP, Housing
Partnership for Morris County, Community Access Unlimited, Inc., Northwest
New Jersey Community Action Program, Inc. (NORWESCAP), Homeless Solutions
of Morristown, 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 Morris
County Register of Deeds or Morris County Clerk's office after the
termination of the affordability controls for each restricted unit;
(4)
Communicating with lenders and the Borough Attorney 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, the administrative agent and the Borough Attorney
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)
Processing requests and 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 Council on Affordable Housing (COAH),
setting forth procedures for administering the affordability controls.
(7)
Providing annual reports to COAH as required.
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 Council on Affordable
Housing (COAH) approved monitoring and reporting requirements in accordance
with the deadlines set forth in this article.
(3)
Records received, retained, retrieved, or transmitted in performance
of these administrative duties may constitute public records of the
Borough as defined by N.J.S.A. 47:3-16, and are legal property of
the Borough. The administrative agent named in this article must agree
to administer and dispose of such records in compliance with the state's
public records laws and associated administrative rules.
(a)
The Borough has identified the following as public records,
subject to the above-cited provisions:
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Affordable Housing Project File
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Affordable Housing Project File-Approved
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Affordable Housing Project File-Denied/Withdrawn
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Affordable Housing Project File-Referral List
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Affordable Housing Application File-Individual
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Affordable Housing Application File-Certification Denied or
Expired
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Affordable Housing Unit File
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Affordable Housing Unit File-Mailing Notification of Responsibilities
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Affordable Housing Unit Inventory
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Affordable Housing Trust Fund and/or Regional Contribution Agreement
(RCA) Bank Account
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Enforcement File-Projects and Units
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Monitoring Reports-Annual Submission
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Operations Manual
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(b)
Although the state has used its best efforts to identify all
records which qualify as public records, the state reserves the right
to amend the above list from time to time as warranted.
(4)
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.
The Borough of Mount Arlington shall adopt by resolution an Affirmative
Marketing Plan, subject to approval of the Council on Affordable Housing
(COAH), that is compliant with N.J.A.C. 5:80-26.15, as may be amended
and supplemented.
b.
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.
It is a continuing program that directs marketing activities toward
Housing Region 2 and is required to be followed throughout the period
of restriction.
c.
The Affirmative Marketing Plan shall provide a regional preference
for all households that live and/or work in Housing Region 2, comprised
of Morris, Essex, Union and Warren Counties.
d.
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 Mount Arlington shall implement the Affirmative Marketing
Plan to assure the affirmative marketing of all affordable units.
e.
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.
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.
The affirmative marketing process for available affordable units
shall begin at least four months (120 days) prior to the expected
date of occupancy.
h.
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.
In addition to other affirmative marketing strategies, the administrative
agent shall provide specific notice of the availability of affordable
housing units in Mount Arlington, and copies of the application forms,
to the following entities: Fair Share Housing Center, the New Jersey
State Conference of the NAACP, the Latino Action Network, Morris County
NAACP, Newark NAACP, East Orange NAACP, Housing Partnership for Morris
County, Community Access Unlimited, Inc., Northwest New Jersey Community
Action Program, Inc. (NORWESCAP), Homeless Solutions of Morristown,
and the Supportive Housing Association.
j.
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner.
a.
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.
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)
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)
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;
(b)
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 Mount Arlington Affordable Housing
Trust Fund of the gross amount of rent illegally collected;
(c)
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)
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)
The judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the very-low-,
low- or 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, any prior liens
held by the municipality, and the costs of the enforcement proceedings
incurred by the municipality, including attorney's fees, as long as
that amount is not more than the maximum allowable restricted sales
price at the time of foreclosure pursuant to N.J.A.C. 5:80-26.1 et
seq. The violating owner shall have his right to possession terminated
as well as his title conveyed pursuant to the Sheriff's sale.
(b)
The proceeds of the Sheriff's sale shall first be applied to
satisfy the first purchase money mortgage lien and any prior liens
upon the very-low-, low- or 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 Sheriff's sale. In the event that
the proceeds from the Sheriff's 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)
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 very-low-, low- or moderate-income unit. Title shall
be conveyed to the purchaser at the Sheriff's sale, subject to the
restrictions and provisions of the regulations governing the affordable
housing unit. An owner determined to be in violation of the provisions
of this plan and from whom title and possession were taken by means
of the Sheriff's sale shall not be entitled to any right of redemption.
(d)
If there are no bidders at the Sheriff's 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 very-low-,
low- or 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 very-low-,
low- or 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)
Failure of the very-low-, low- or moderate-income unit to be
either sold at the Sheriff's 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 very-low-, low- or moderate-income unit as permitted by the
regulations governing affordable housing units.
(f)
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.
Appeals from all decisions of an administrative agent appointed
pursuant to this article shall be filed in writing with the court.
a.
All affordable housing units in the Borough of Mount Arlington shall
be marketed in accordance with the provisions herein, unless otherwise
provided by law or regulation of the State of New Jersey.
b.
The Borough of Mount Arlington has a Prior Round obligation that
it has fulfilled and a Third Round obligation covering the years from
1999 to 2025. This Affirmative Marketing Plan shall apply to all developments
that contain or will contain very-low-, low- and moderate-income units,
including those that are part of the Borough's prior round Fair Share
Plan and its current Fair Share Plan and those that may be constructed
in future developments not yet anticipated by the Fair Share Plan.
This Affirmative Marketing Plan shall also apply to any rehabilitated
rental units that are vacated and rerented during the applicable period
of controls for rehabilitated rental units.
c.
The Affirmative Marketing Plan shall be implemented by the administrative
agent(s) designated by and/or under contract with the Borough of Mount
Arlington. All of the costs of advertising and affirmatively marketing
affordable housing units shall be borne by the developers/sellers/owners
of affordable unit(s), and all such advertising and affirmative marketing
shall be subject to approval and oversight by the designated administrative
agent.
d.
In implementing the Affirmative Marketing Plan, the administrative
agent, acting on behalf of the Borough of Mount Arlington, shall undertake,
at the minimum, all of the following strategies:
e.
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 or sponsor of affordable housing. The Affirmative Marketing
Plan is also intended to target those potentially eligible persons
who are least likely to apply for affordable units in that region.
It is a continuing program that directs all marketing activities toward
the COAH Housing Region in which the municipality is located. The
Borough of Mount Arlington is located in COAH Housing Region 2, consisting
of Morris, Essex, Union and Warren Counties.
f.
The Affirmative Marketing Plan is a continuing program that shall
be followed at every change in ownership or occupancy of a restricted
affordable unit throughout the entire period of time that the unit
is restricted as an affordable unit. The Affirmative Marketing Plan
shall meet the following requirements:
(1)
All newspaper articles, announcements and requests for applications
for very-low-, low- and moderate-income units shall appear in the
Star Ledger, the Daily Record and the Express Times.
(2)
The primary marketing shall take the form of at least one press release
and a paid display advertisement in the above newspapers once a week
for four consecutive weeks. Additional advertising and publicity shall
be on an "as needed" basis. The developer/owner shall disseminate
all public service announcements and pay for display advertisements.
The developer/owner shall provide proof of all publications to the
administrative agent. All press releases and advertisements shall
be approved in advance by the administrative agent.
(3)
The advertisement shall include a description of the:
(a)
Location of the units;
(b)
Directions to the units;
(c)
Range of prices for the units;
(d)
Size, as measured in bedrooms, of units;
(e)
Maximum income permitted to qualify for the units;
(f)
Location of applications;
(g)
Business hours when interested households may obtain an application;
and
(h)
Application fees.
(4)
Newspaper articles, announcements and information on where to request
applications for very-low-, low- and moderate-income housing shall
appear at least once a week for four consecutive weeks in at least
three locally oriented newspapers serving the housing region, one
of which shall be circulated primarily in Morris County and the other
two of which shall be circulated primarily outside of Morris County
but within the housing region.
(5)
The following regional cable television stations or regional radio
stations shall be used during the first month of advertising. The
developer must provide satisfactory proof of public dissemination:
g.
Program information to be made available.
(1)
Applications, brochure(s), sign(s) and/or poster(s) used as part
of the affirmative marketing program shall be available/posted in
the following locations:
(a)
Mount Arlington Borough Hall.
(b)
Mount Arlington Borough website.
(c)
Developer's sales/rental offices.
(d)
Morris, Essex, Union and Warren County administration buildings.
(e)
Morris, Essex, Union and Warren County libraries (all branches).
(f)
Other public buildings and agencies as deemed appropriate by
the administrative agent.
(2)
Applications shall be mailed by the administrative agent and Municipal
Housing Liaison to prospective applicants upon request. Also, applications
shall be available at the developer's sales/rental office and multiple
copies of application forms shall be mailed to Fair Share Housing
Center, the New Jersey State Conference of the NAACP, the Latino Action
Network, Morris County NAACP, Newark NAACP, East Orange NAACP, Housing
Partnership for Morris County, Community Access Unlimited, Inc., Northwest
New Jersey Community Action Program, Inc. (NORWESCAP), Homeless Solutions
of Morristown, and the Supportive Housing Association for dissemination
to their respective constituents. In addition, the foregoing entities
shall be notified directly whenever an affordable housing unit(s)
becomes available in Mount Arlington.
h.
The administrative agent shall develop, maintain and update a list
of community contact person(s) and/or organization(s) in Morris, Essex,
Union and Warren Counties, including those entities listed in Subsection
g(6) above that will aid in the affirmative marketing program with
particular emphasis on those contacts that are able to reach out to
groups that are least likely to apply for housing within the region,
including major regional employers identified in Attachment A, Part
III, Marketing, Section 3d of COAH's Affirmative Fair Housing Marketing
Plan for Affordable Housing in Region 2 (attached to and hereby made
part of this resolution[1] as well as the following entities:
(1)
Quarterly informational flyers and applications shall be sent to
the Morris, Essex, Union and Warren County Boards of Realtors for
publication in their journals and for circulation among their members.
(2)
Quarterly informational circulars and applications shall be sent
to the administrators of each of the following agencies within the
municipalities and counties of Morris, Essex, Union and Warren:
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Welfare or Social Service Board (via the Director)
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Rental Assistance Office (local office of DCA)
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Office on Aging
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Housing Authority (municipal or county)
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Community Action Agencies
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Community Development Departments
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[1]
Editor's Note: Said attachment is on file in the Borough offices.
i.
The following is a listing of community contact person(s) and/or
organizations in Morris, Essex, Union and Warren Counties that will
aid in the affirmative marketing program and provide guidance and
counseling services to prospective occupants of very-low-, low- and
moderate-income units:
j.
A random selection method to select occupants of very-low-, low-
and moderate-income housing will be used by the administrative agent,
in conformance with N.J.A.C. 5:80-26.16(1). The Affirmative Marketing
Plan shall provide a regional preference for very-low-, low- and moderate-income
households that live and/or work in COAH Housing Region 2, comprised
of Morris, Essex, Union and Warren Counties. Pursuant to the New Jersey
Fair Housing Act (N.J.S.A. 52:27D-311), a preference for very-low-,
low- and moderate- income veterans duly qualified under N.J.A.C. 54:4-8.10
may also be exercised, provided an agreement to this effect has been
executed between the developer or landlord and the Borough prior to
the affirmative marketing of the units.
k.
The administrative agent shall administer the Affirmative Marketing
Plan. The administrative agent has the responsibility to income qualify
very-low-, low- and moderate-income households; to place income eligible
households in very-low-, low- and moderate-income units upon initial
occupancy; to provide for the initial occupancy of very-low-, 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 outreach
to very-low-, low- and moderate-income households; and to enforce
the terms of the deed restriction and mortgage loan as per N.J.A.C.
5:80-26.1 et seq.
l.
The administrative agent shall provide or direct qualified very-low-,
low- and moderate-income applicants to counseling services on subjects
such as budgeting, credit issues, mortgage qualifications, rental
lease requirements and landlord/tenant law and shall develop, maintain
and update a list of entities and lenders willing and able to perform
such services. In addition, it shall be the responsibility of the
administrative agent to inform owners of affordable units and prospective
occupants of affordable units of the Borough's affordability assistance
programs and to assist with the implementation of such programs.
m.
All developers/owners of very-low-, low- and moderate-income housing
units shall be required to undertake and pay the costs of the marketing
of the affordable units in their respective developments, subject
to the direction and supervision of the administrative agent.
n.
The implementation of the Affirmative Marketing Plan for a development
that includes affordable housing shall commence at least 120 days
before the issuance of either a temporary or permanent certificate
of occupancy. The implementation of the Affirmative Marketing Plan
shall continue until all very-low-, low- and moderate-income housing
units are initially occupied and thereafter upon the resale or rerental
of an affordable unit for as long as an affordable unit remains deed
restricted.
o.
The administrative agent shall provide the Affordable Housing Liaison
with the information required to comply with monitoring and reporting
requirements pursuant to the Borough's adopted Affordable Housing
Ordinance.
