[HISTORY: Adopted by the Township Committee of the Township
of Raritan 2-4-2020 by Ord. No.
20-01 (Ch. 15.20 of the 2000 Code). Amendments noted
where applicable.]
A.
This chapter is intended to assure
that low- and moderate-income units ("affordable units") are created
with controls on affordability and that low- and moderate-income households
shall occupy these units. This chapter is also intended to ensure
that any site that benefits from a rezoning, variance or redevelopment
plan approved by the Township that results in multifamily residential
development of five dwelling units or more produces affordable housing
at a set-aside rate of 20% for for-sale affordable units and at a
set-aside rate of 15% for rental affordable units. This chapter shall
apply except where inconsistent with applicable law.
B.
The Township of Raritan Planning
Board shall adopt a Housing Element and Fair Share Plan pursuant to
the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq. (hereinafter
"Fair Share Plan"). The Fair Share Plan shall subsequently be endorsed
by the governing body. The Fair Share Plan shall describe how Raritan
Township shall address its fair share of low- and moderate-income
housing as documented in the Fair Share Plan itself, the settlement
agreement entered into between the Township and Fair Share Housing
Center (FSHC) on June 14, 2019, last signed June 18, 2019 (hereinafter
"FSHC settlement agreement"), and the court order approving same,
which was entered by the court on July 24, 2019, after a properly
noticed fairness hearing.
C.
The Township of Raritan shall
track the status of the implementation of the Fair Share Plan.
The following terms, when used in this chapter, shall have the
meanings given in this section:
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site.
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.), as has been subsequently amended.
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.[1]
The entity responsible for the administration of affordable
units in accordance with this chapter, applicable COAH regulations
and the Uniform Housing Affordability Controls (UHAC) (N.J.A.C. 5:80-26.1
et seq.).
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 restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent within the means of a low- or moderate-income
household as defined by COAH in its applicable regulations or an equivalent
controlling New Jersey state agency; 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 housing development, all or a portion of which consists
of restricted units.
A development included in the Township's Fair Share Plan,
and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable development.
Any mechanism in the Township's Fair Share Plan prepared
or implemented to address the Township's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited
pursuant to applicable COAH regulations, the FSHC settlement agreement,
or an order of the court.
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 where the unit
is situated are 62 years or older; or 2) at least 80% of the units
are occupied by one person that is 55 years 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 facility 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 New Jersey Council on Affordable Housing.
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that
require 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.
The Department of Community Affairs of the State of New Jersey,
which was established under the New Jersey Fair Housing Act (N.J.S.A.
52:27D-301 et seq.).
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development, including the holder
of an option to contract or 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. Inclusionary developments must have a 20% set-aside of affordable
units if the development has five or more units and is a for-sale
project, or a 15% set-aside if the development is a rental project.
This term includes, but is not necessarily limited to, new construction,
the conversion of a nonresidential structure to residential and the
creation of new affordable units through the reconstruction of a vacant
residential structure.
A household with a total gross annual household income equal
to 50% or less of the median household income.
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 or 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 county,
as adopted annually by the Department.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income
household.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a Class A
beneficiary and the transfer of ownership by court order.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by the Department's adopted regional income limits published
annually by the Department.
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 ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1
et seq., as may be 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 median household income.
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 rehabilitation.
[1]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
The Township of Raritan will use the following mechanisms to
satisfy its affordable housing obligations:
A.
Rehabilitation program.
(1)
The Township of Raritan and
FSHC have agreed that the Township's indigenous need rehabilitation
obligation is 16 units. The Township shall continue to sponsor a local
rehabilitation program sufficient to satisfy its present need obligation
of 16 units. The Township shall establish a rehabilitation program
manual. In the event the Township satisfies its rehabilitation obligation,
it will continue to implement its rehabilitation program and any additional
units that are rehabilitated may be credited towards any future affordable
housing obligations, if permitted by applicable law and regulations.
The Township will continue its rehabilitation program to update and
renovate deficient housing units occupied by low- and moderate-income
households such that, after rehabilitation, these units will comply
with the New Jersey State Housing Code pursuant to N.J.A.C. 5:28.
The Township will continue to rehabilitate housing units to improve
its housing stock and to continue to provide indigenous need affordable
units.
(2)
All rehabilitated rental and
owner-occupied units shall remain affordable to low- and moderate-income
households for a period of 10 years (the control period). For owner-occupied
units, the control period will be enforced with a lien, and for renter-occupied
units, the control period will be enforced with a deed restriction.
(3)
The Township of Raritan shall
dedicate an average of $10,000 for each unit to be rehabilitated through
this program, reflecting the minimum hard cost of rehabilitation for
each unit.
(5)
Units in a rehabilitation
program shall be exempt from N.J.A.C. 5:93-9[2] and UHAC requirements, but shall be administered in accordance
with the following:
(a)
If a unit is vacant, upon
initial rental subsequent to rehabilitation, or if a renter-occupied
unit is rerented prior to the end of controls on affordability, the
deed restriction shall require the unit to be rented to a low- or
moderate-income household at an affordable rent and affirmatively
marketed pursuant to N.J.A.C. 5:93-9 and UHAC.
(b)
If a unit is renter-occupied,
upon completion of the rehabilitation, the maximum rate of rent shall
be the lesser of the current rent or the maximum permitted rent pursuant
to N.J.A.C. 5:93-9 and UHAC.
(c)
Rents in rehabilitated
units may increase annually based on the standards in N.J.A.C. 5:93-9
or the standards issued by a New Jersey administrative agency with
proper authority to issue such standards.
(d)
Applicant and/or tenant
households shall be certified as income-eligible in accordance with
N.J.A.C. 5:93-9 and UHAC, except that households in owner-occupied
units shall be exempt from the regional asset limit.
[2]
Editor's Note: N.J.A.C. 5:93 expired 10-16-2016.
B.
Percentage of mandatory set-asides
for all future residential developments.
(1)
If the Township or a Township
Planning Board or Zoning Board of Adjustment permits the construction
of multifamily or single-family attached residential development that
is approvable and developable, as defined at N.J.A.C. 5:93-1.3,[3] the Township or the Township's Planning Board or Zoning
Board of Adjustment shall require that an appropriate percentage of
the residential units be set aside for low- and moderate-income households.
This requirement shall apply beginning with the effective date of
this chapter to any multifamily or single-family attached residential
development, including the residential portion of a mixed-use project,
which consists of five or more new residential units, whether permitted
by a zoning amendment, a variance granted by the Township's Planning
Board or Zoning Board of Adjustment, or adoption of a redevelopment
plan or amended redevelopment plan in areas in need of redevelopment
or rehabilitation. For any such development for which the Township's
land use ordinances (e.g., zoning or an adopted redevelopment plan)
already permitted residential development as of the effective date
of this chapter, this requirement shall only apply if the Township
or the Township's Zoning Board of Adjustment permits an increase in
approvable and developable gross residential density to at least twice
the permitted approvable and developable gross residential density
as of the effective date of this chapter. Nothing in this subsection
precludes the Township or the Township's Zoning Board of Adjustment
from imposing an affordable housing set-aside in a development not
required to have a set-aside pursuant to this subsection consistent
with N.J.S.A. 52:27D-311h and other applicable law. For inclusionary
projects in which the low and moderate units are to be offered for
sale, the appropriate set-aside percentage is 20%; for projects in
which the low- and moderate-income units are to be offered for rent,
the appropriate set-aside percentage is 15%. This requirement does
not create any entitlement for a property owner or applicant for a
zoning amendment, variance, or adoption of a redevelopment plan or
amended redevelopment plan in areas in need of redevelopment or rehabilitation,
or for approval of any particular proposed project. This requirement
does not apply to any sites or specific zones otherwise identified
in the Township's settlement agreement with FSHC dated June 14, 2019,
or in the Township's Housing Element and Fair Share Plan, for which
density and set-aside standards shall be governed by the specific
standards set forth therein.
[3]
Editor's Note: N.J.A.C. 5:93 expired 10-16-2016.
(2)
Furthermore, this section
shall not apply to developments containing four or fewer dwelling
units. All subdivision and site plan approvals of qualifying residential
developments shall be conditioned upon compliance with the provisions
of this section. Where a developer demolishes existing dwelling units
and builds new dwelling units on the same site, the provisions of
this section shall apply only if the net number of dwelling units
is five or more.
C.
Phasing. Inclusionary developments
shall be subject to the following schedule, except where an alternate
phasing schedule has been incorporated into a development or redevelopment
agreement:
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
Maximum Percentage of Market-Rate Units Completed
|
|---|---|
|
0%
|
25%
|
|
10%
|
25% + 1 unit
|
|
50%
|
50%
|
|
75%
|
75%
|
|
100%
|
90%
|
D.
Fractional units. If 15% or 20%
of the total number of units in a development results in a fraction
or decimal, the developer shall be required to provide an additional
affordable unit on site. Example: An eight-unit development requiring
an affordable housing set-aside of 1.6 units is proposed. The developer
is required to provide two on-site affordable units.
E.
Integration of affordable units.
In inclusionary developments, to the extent possible, low- and moderate-income
units shall be integrated with the market-rate units.
F.
Utilities. Affordable units shall
utilize the same type of heating source as market units within the
affordable development.
G.
Common elements and facilities.
In inclusionary development, low- and moderate-income units shall
have access to all of the same common elements and facilities as the
market units.
H.
Alternative living arrangements.
(1)
The administration of an alternative
living arrangement shall be in compliance with N.J.A.C. 5:93-5.8[4] and UHAC, with the following exceptions:
(a)
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;
(b)
Affordability average and
bedroom distribution (N.J.A.C. 5:80-26.3).
[4]
Editor's Note: N.J.A.C. 5:93 expired 10-16-2016.
(2)
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.
(3)
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.
The following general guidelines apply to all newly constructed
developments that contain low- and moderate-income housing units,
including any currently unanticipated future developments that will
provide low- and moderate-income housing units.
A.
Low/moderate split and bedroom
distribution of affordable housing units.
(1)
The fair share obligation
shall be divided equally between low- and moderate-income units, except
that where there is an odd number of affordable housing units, the
extra unit shall be a low-income unit.
(2)
In each affordable development,
at least 50% of the restricted units within each bedroom distribution
shall be low-income units. If there is only one affordable unit, it
must be a low-income unit.
(3)
Thirteen percent of all affordable
units in the Township, with the exception of units constructed as
of July 1, 2008, and units subject to preliminary or final site plan
approval as of July 1, 2008, shall be designated as very-low-income
households at 30% of the median income, with at least 50% of all very-low-income
units being available to families. Very-low-income units shall be
considered low-income units for the purposes of evaluating compliance
with the required low-/moderate-income unit splits, bedroom distribution,
and phasing requirements of this chapter.
(4)
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 low- and moderate-income units;
(b)
At least 20% of all low-
and moderate-income units shall be three-bedroom units;
(c)
At least 30% of all low-
and moderate-income units shall be two-bedroom units;
(d)
The remaining units may
be allocated among two- and three-bedroom units at the discretion
of the developer.
(5)
Affordable developments that
are age-restricted shall be structured such that the number of bedrooms
shall equal the number of age-restricted low- and moderate-income
units within the inclusionary development. The 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;
(b)
An adaptable kitchen on
the first floor;
(c)
An interior accessible
route of travel on the first floor;
(d)
An interior accessible
route of travel shall not be required between stories within an individual
unit;
(e)
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;
(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 the Township of Raritan has collected
funds from the developer sufficient to make 10% of the adaptable entrances
in the development accessible.
[1]
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.
[2]
To this end, the builder
of restricted units shall deposit funds within the Township's affordable
housing trust fund sufficient to install accessible entrances in 10%
of the affordable units that have been constructed with adaptable
entrances.
[3]
The funds deposited under Subsection B(2)(f)[2] above shall be used by the Township of Raritan for the sole purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
[4]
The developer of the
restricted units shall submit a design plan and cost estimate for
the conversion from adaptable to accessible entrances to the Construction
Official of the Township.
[5]
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 Township's affordable housing trust fund
and appropriately earmarked.
[3]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
[6]
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).
[2]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
C.
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 regional
income limits published by HUD, which includes the regional weighted
average of uncapped Section 8 income limits and using calculation
procedures approved by the court. Income limits for all units that
are part of the Township's Housing Element and Fair Share Plan and
for which income limits are not already established through a federal
program exempted from the UHAC pursuant to N.J.A.C. 5:80-26.1 et seq.
shall be updated by the Township annually within 30 days of the publication
of determinations of median income by the Department of Housing and
Urban Development (HUD) as follows:
(a)
Regional income limits
shall be established for the region that the Township is located within
based on the median income by household size, which shall be established
by a regional weighted average of the uncapped Section 8 income limits
published by HUD. To compute this regional income limit, the HUD determination
of median county income for a family of four is multiplied by the
estimated households within the county according to the most recent
decennial census. The resulting product for each county within the
housing region is summed. The sum is divided by the estimated total
households from the most recent decennial census in the Township's
housing region. This quotient represents the regional weighted average
of median income for a household of four. The income limit for a moderate-income
unit for a household of four shall be 80% of the regional weighted
average median income for a family of four. The income limit for a
low-income unit for a household of four shall be 50% of the HUD determination
of the regional weighted average median income for a family of four.
The income limit for a very-low-income unit for a household of four
shall be 30% of the regional weighted average median income for a
family of four. These income limits shall be adjusted by household
size based on multipliers used by HUD to adjust median income by household
size. In no event shall the income limits be less than those for the
previous year.
(b)
The income limits are the result of applying the percentages set forth in Subsection C(1)(a) above to HUD's determination of median income for the fiscal year 2019 and shall be utilized until the Township updates the income limits after HUD has published revised determinations of median income for the next fiscal year.
(c)
The regional asset limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3 shall be calculated by the Township annually by taking the percentage increase of the income limits calculated pursuant to Subsection C(1)(a) above over the previous year's income limits, and applying the same percentage increase to the regional asset limit from the prior year. In no event shall the regional asset limit be less than that for the previous year.
(d)
In establishing sale prices
and rents of affordable housing units, the Township's administrative
agent shall follow the procedures set forth in UHAC, utilizing the
regional income limits established pursuant to the process defined
above:
[1]
The resale prices of
owner-occupied low- and moderate-income units may increase annually
based on the percentage increase in the regional median income limit
for each housing region determined pursuant to the above methodology.
In no event shall the maximum resale price established by the administrative
agent be lower than the last recorded purchase price.
[2]
The rent levels of very-low-,
low- and moderate-income units may be increased annually based on
the percentage increase in the housing consumer price index for the
northeast urban area upon its publication for the prior calendar year.
This increase shall not exceed 9% in any one year. Rents for units
constructed pursuant to low-income housing tax credit regulations
shall be indexed pursuant to the regulations governing low-income
housing tax credits.
(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 low- and moderate-income 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.
At least 13% of all low- and moderate-income dwelling units shall
be affordable to households earning no more than 30% of median income.
(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 prices for each bedroom type, and low-income
ownership units must be available for at least two different prices
for each bedroom type.
(5)
In determining the initial
sales prices and rents for compliance with the affordability average
requirements for restricted units other than assisted living facilities,
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;
(e)
A four-bedroom unit shall
be affordable to a six-person household.
(6)
In determining the initial
rents for compliance with the affordability average requirements for
restricted units in assisted living facilities, 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 homeowner association fees do not exceed 28% of the eligible monthly
income of the appropriate size household as determined under N.J.A.C.
5:80-26.4, as may be amended and supplemented; provided, however,
that the price shall be subject to the affordability average requirement
of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(8)
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 household size 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
low- and moderate-income units may increase annually based on the
percentage increase in the regional median income limit for each housing
region. In no event shall the maximum resale price established by
the administrative agent be lower than the last recorded purchase
price.
(10)
The rent of very-low-, low-
and moderate-income units may be increased annually based on the percentage
increase in the housing consumer price index for the United States.
This increase shall not exceed 9% in any one year. Rents for units
constructed pursuant to low-income housing tax credit regulations
shall be indexed pursuant to the regulations governing low-income
housing tax credits.
(11)
Utilities. Tenant-paid utilities
that are included in the utility allowance shall be so stated in the
lease and shall be consistent with the utility allowance approved
by DCA for its Section 8 program.
A.
The Township of Raritan shall
adopt by resolution an affirmative marketing plan, subject to approval
of the court, compliant with N.J.A.C. 5:80-26.15, as may be amended
and supplemented. The initial affirmative marketing plan shall include
the following community and regional organizations: Fair Share Housing
Center, the New Jersey State Conference of the NAACP, the Latino Action
Network, Supportive Housing Association, NORWESCAP, and the Central
Jersey Housing Resource Center.
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
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 Housing
Region 4 and covers the period of deed restriction.
C.
The affirmative marketing plan
shall provide a regional preference for all households that live and/or
work in Housing Region 4.
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.
E.
The administrative agent designated
by the Township of Raritan shall assure the affirmative marketing
of all affordable units consistent with the affirmative marketing
plan for the municipality.
F.
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.
G.
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.
H.
The affirmative marketing process
for available affordable units shall begin at least four months prior
to the expected date of occupancy.
I.
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.
J.
In addition to other affirmative
marketing strategies, the administrative agent shall provide specific
notice of the availability of affordable housing units in the Township
of Raritan, 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, Supportive Housing Association,
NORWESCAP, and the Central Jersey Housing Resource Center.
K.
The costs of advertising and affirmative
marketing of the affordable units shall be the responsibility of the
developer, sponsor or owner, unless otherwise determined or agreed
to by the Township.
A.
In referring certified households
to specific restricted units, to the extent feasible, and without
causing an undue delay in occupying the unit, the administrative agent
shall strive to:
B.
Additional provisions related
to occupancy standards (if any) shall be provided in the municipal
operating manual.
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 chapter until the
Township of Raritan elects to release the unit from such requirements;
however, and prior to such an election, a restricted ownership unit
must remain subject to the requirements of N.J.A.C. 5:80-26.1 et seq.,
as may be amended and supplemented, for at least 30 years.
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.
D.
At the time of the first sale
of the unit, the 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 requirements of this chapter,
an amount equal to the difference between the unit's nonrestricted
fair market value and its restricted price, and the recapture note
shall be secured by a recapture lien evidenced by a duly recorded
mortgage on the unit.
E.
The affordability controls set
forth in this chapter 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 that follows the
expiration of the applicable minimum control period 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 et seq., 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 method used to determine the
condominium association fee amounts and special assessments shall
be indistinguishable between the low- and moderate-income unit owners
and the market unit owners. The master deeds shall also not contain
any distinction between the condominium or homeowner association fees
and special assessments paid by low- and moderate-income purchasers
and those paid by market purchases.
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 capital improvements. Eligible
capital improvements shall be those that render the unit suitable
for a larger household or the addition of a bathroom.
A.
Buyer income eligibility for restricted
ownership units shall be in accordance with N.J.A.C. 5:80-26.1 et
seq., 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. Very-low-income units shall be reserved
for households with a gross household income of less than 30% of median
income.
B.
Notwithstanding the foregoing,
the administrative agent may, upon approval by the Township Committee
and subject to the court'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 § 170-16 of this chapter.
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 homeowner association
fees, as applicable) does not exceed 33% of the household's certified
monthly income.
A.
Prior to incurring any indebtedness
to be secured by a restricted ownership unit, the administrative agent
shall determine, in writing, that the proposed indebtedness complies
with the provisions of this section.
B.
With the exception of original
purchase money mortgages, during a control period, 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 that 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 chapter until the Township
of Raritan elects to release the unit from such requirements pursuant
to action taken in compliance with N.J.A.C. 5:80-26.1 et seq., as
may be as may be amended and supplemented, and, prior to such an election,
a restricted rental unit must remain subject to the requirements of
N.J.A.C. 5:80-26.1 et seq., as may be amended and supplemented, for
at least 30 years.
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 Hunterdon. 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 chapter, despite
the occurrence of any of the following events:
A.
A written lease shall be required
for all restricted rental units, except for units in an assisted living
residence, 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 chapter.
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 chapter.
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 median income.
(2)
Low-income rental units shall
be reserved for households with a gross household income less than
or equal to 50% of median income.
(3)
Moderate-income rental units
shall be reserved for households with a gross household income less
than 80% of median income.
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 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 overcrowed 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 proposed
third-party assistance from an outside source such as a family member
in a form acceptable to the administrative agent and the owner of
the unit.
A.
The position of Municipal Housing
Liaison (MHL) for the Township of Raritan is established by this chapter.
The Township shall make the actual appointment of the MHL by means
of a resolution.
(1)
The MHL must be either a
full-time or part-time employee of the Township of Raritan.
(2)
The person appointed as the
MHL must be reported to the court and thereafter posted on the Township's
website.
(3)
The MHL must meet all the
requirements for qualifications, including initial and periodic training,
if such training is made available by COAH or the DCA.
(4)
The MHL shall be responsible
for oversight and administration of the affordable housing program
for the Township of Raritan, including the following responsibilities,
which may not be contracted out to the administrative agent:
(a)
Serving as the municipality's
primary point of contact for all inquiries from the state, affordable
housing providers, administrative agents and interested households;
(b)
The implementation of
the affirmative marketing plan and affordability controls;
(c)
When applicable, supervising
any contracting administrative agent;
(d)
Monitoring the status
of all restricted units in the Township's Fair Share Plan;
(e)
Compiling, verifying and
submitting annual reports as required;
(f)
Coordinating meetings
with affordable housing providers and administrative agents, as applicable;
and
(g)
Attending continuing education
opportunities on affordability controls, compliance monitoring and
affirmative marketing as offered or approved by the Affordable Housing
Professionals of New Jersey (AHPNJ), if such continuing education
opportunities are made available by COAH or the DCA.
B.
The Township of Raritan shall
designate by resolution of the Township Committee, subject to the
approval of the court, one or more administrative agents to administer
newly constructed affordable units in accordance with N.J.A.C. 5:93[1] and UHAC.
[1]
Editor's Note: N.J.A.C. 5:93 expired 10-16-2016.
C.
An operating manual shall be
provided by the administrative agent(s) to be adopted by resolution
of the governing body. The operating manual shall be available for
public inspection in the office of the Municipal Clerk and in the
office(s) of the administrative agent(s).
D.
The administrative agent shall
perform the duties and responsibilities of an administrative agent
as are set forth in UHAC, including those set forth in N.J.A.C. 5:80-26.14,
5:80-26.16, and 5:80-26.18 thereof, and shall have authority to take
all actions necessary and appropriate to carry out its responsibilities,
which include:
(1)
Attending continuing education
opportunities on affordability controls, compliance monitoring, and
affirmative marketing as offered or approved by the Affordable Housing
Professionals of New Jersey (AHPNJ).
(2)
Affirmative marketing:
(a)
Conducting an outreach
process to affirmatively market affordable housing units in accordance
with the affirmative marketing plan of the Township of Raritan and
the provisions of N.J.A.C. 5:80-26.15; and
(b)
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.
(3)
Household certification:
(a)
Soliciting, scheduling,
conducting and following up on interviews with interested households;
(b)
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;
(c)
Providing written notification
to each applicant as to the determination of eligibility or noneligibility;
(d)
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.;
(e)
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;
(f)
Employing a random selection
process as provided in the affirmative marketing plan of the Township
of Raritan when referring households for certification to affordable
units; and
(g)
Notifying the following
entities of the availability of affordable housing units in the Township
of Raritan: Fair Share Housing Center, the New Jersey State Conference
of the NAACP, the Latino Action Network, the Supportive Housing Association,
and the Central Jersey Housing Resource Center.
(4)
Affordability controls:
(a)
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;
(b)
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;
(c)
Ensuring that the removal
of the deed restrictions and cancellation of the mortgage note are
effectuated and properly filed with the Hunterdon County Register
of Deeds or Hunterdon County Clerk's office after the termination
of the affordability controls for each restricted unit;
(d)
Communicating with lenders
regarding foreclosures; and
(e)
Ensuring the issuance
of continuing certificates of occupancy or certifications pursuant
to N.J.A.C. 5:80-26.10.
(5)
Resale and rerental:
(a)
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;
(b)
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.
(6)
Records retention.
(7)
Processing requests from
unit owners:
(a)
Reviewing and approving
requests for determination from owners of restricted units who wish
to take out home equity loans or refinance during the term of their
ownership that the amount of indebtedness to be incurred will not
violate the terms of this chapter;
(b)
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;
(c)
Notifying the municipality
of an owner's intent to sell a restricted unit;
(d)
Making determinations
on requests by owners of restricted units for hardship waivers.
(8)
Enforcement, though the ultimate
responsibility for retaining controls on the units rests with the
municipality:
(a)
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;
(b)
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;
(c)
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;
(d)
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;
(e)
Establishing a program
for diverting unlawful rent payments to the municipality's affordable
housing trust fund;
(f)
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.
(9)
Additional responsibilities:
(a)
The administrative agent
shall have the authority to take all actions necessary and appropriate
to carry out its responsibilities hereunder.
(b)
The administrative agent
shall prepare monitoring reports for submission to the Municipal Housing
Liaison in time to meet the court-approved monitoring and reporting
requirements in accordance with the deadlines set forth in this chapter.
(c)
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.
Upon the occurrence of a breach
of any of the regulations governing the 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, municipal fines, a requirement for household recertification,
acceleration of all sums due under a mortgage, recoupment of any funds
from a sale in the violation of the regulations, and 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
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 found 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
$10,000 or imprisonment for a period not to exceed 90 days, or both.
Each and every day that the violation continues or exists shall be
considered a separate and specific violation of these provisions and
not as a continuing offense;
(b)
In the case of an owner
who has rented his or her low- or moderate-income unit in violation
of the regulations governing affordable housing units, payment into
the Township of Raritan affordable housing trust fund of the gross
amount of rent illegally collected;
(c)
In the case of an owner
who has rented his or her 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 which would
result in the termination of the owner's equity or other interest
in the unit, in the nature of a mortgage foreclosure. Any 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- and moderate-income unit.
C.
Such judgment shall be enforceable,
at the option of the municipality, by means of an execution sale by
the Sheriff, at which time the low- and moderate-income unit of the
violating owner shall be sold at a sale price which is not less than
the amount necessary to fully satisfy and pay off any first purchase
money mortgage and prior liens and the costs of the enforcement proceedings
incurred by the municipality, including attorney's fees. The violating
owner shall have the right to possession terminated as well as the
title conveyed pursuant to the Sheriff's sale.
D.
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 low- and moderate-income unit. The
excess, if any, shall be applied to reimburse the municipality for
any and all costs and expenses incurred in connection with either
the court action resulting in the judgment of violation or the 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 and to the 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.
E.
Foreclosure by the municipality
due to violation of the regulations governing affordable housing units
shall not extinguish the restrictions of the regulations governing
affordable housing units as the same apply to the low- and moderate-income
unit. Title shall be conveyed to the purchaser at the Sheriff's sale,
subject to the restrictions and provisions of the regulations governing
the affordable housing unit. The owner determined to be in violation
of the provisions of this plan and from whom title and possession
were taken by means of the Sheriff's sale shall not be entitled to
any right of redemption.
F.
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 low- and moderate-income unit by satisfying
the first purchase money mortgage and any prior liens and crediting
the violating owner with an amount equal to the difference between
the first purchase money mortgage and any prior liens and costs of
the enforcement proceedings, including legal fees and the maximum
resale price for which the low- and moderate-income unit could have
been sold under the terms of the regulations governing affordable
housing units. This excess shall be treated in the same manner as
the excess which would have been realized from an actual sale as previously
described.
G.
Failure of the low- and 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 low- and moderate-income unit as permitted by the regulations
governing affordable housing units.
H.
The owner shall remain fully
obligated, responsible and liable for complying with the terms and
restrictions of governing affordable housing units until such time
as title is conveyed from the owner.
A.
Beginning one year after the
entry of the Township's Round 3 Judgment of Compliance and Repose,
the Township will provide annual reporting through July 1, 2025, of
the status of all affordable housing activity and of its affordable
housing trust fund activity within the Township 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 the Council on Affordable Housing or any other forms endorsed by
the Special Master and Fair Share Housing Center. In addition to the
foregoing, the Township may also post such activity on the Council
on Affordable Housing Tracking and Monitoring (CTM) System and/or
file a copy of its report with COAH or its successor agency at the
state level. 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.
The Fair Housing Act includes
two provisions regarding action to be taken by the Township during
its ten-year repose period. The Township will comply with those provisions
as follows:
(1)
For the midpoint realistic
opportunity review due on 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 Fair Share Housing Center, 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 the mechanisms to meet unmet need should be revised or
supplemented. Such posting shall invite any interested party to submit
comments to the Township, with a copy to Fair Share Housing Center,
regarding whether any sites no longer present a realistic opportunity
and should be replaced and whether the 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.
(2)
For the review of very-low-income
housing requirements required by N.J.S.A. 52:27D-329.1 et seq., within
30 days of the third anniversary of the entry of the Township's Judgment
of Compliance and Repose, and every third year thereafter, the Township
will post on its municipal website, with a copy provided to Fair Share
Housing Center, a status report as to its satisfaction of its very-low-income
requirements, including the family very-low-income requirements referenced
herein. Such posting shall invite any interested party to submit comments
to the Township and Fair Share Housing Center on the issue of whether
the Township has complied with its very-low-income housing obligation
under the terms of this settlement.
(3)
In addition to the foregoing
postings, the Township may also elect to file copies of its reports
with COAH or its successor agency at the state level.
Appeals from all decisions of an administrative agent designated
pursuant to this chapter shall be filed with the Superior Court of
New Jersey, Hunterdon County.
