[Adopted 10-19-2009 by Ord. No. 09-13]
The purpose of this article is to create the administrative
mechanisms needed for the execution of the Borough of Dunellen's
responsibility to assist in the provision of affordable housing pursuant
to the Fair Housing Act of 1985.
As used in this article, the following terms shall have the
meanings indicated:
The entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
the Borough of Dunellen to ensure that the restricted units under
administration are affirmatively marketed and sold or rented, as applicable,
only to low- and moderate-income households.
The employee charged by the governing body with the responsibility
for oversight and administration of the affordable housing program
for the Borough of Dunellen.
A.
Establishment of position of Municipal Housing Liaison. There is
hereby established the position of Municipal Housing Liaison for the
Borough of Dunellen.
B.
Subject to the approval of the Council on Affordable Housing (COAH),
the Municipal Housing Liaison shall be appointed by the governing
body and may be a full or part time municipal employee.
C.
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Borough of Dunellen, including the following responsibilities which may not be contracted out, exclusive of the item in Subsection C(6), which may be contracted out:
(1)
Serving as the Borough of Dunellen'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 the Borough of Dunellen's
Fair Share Plan;
(3)
Compiling, verifying, and submitting annual reports as required by
COAH;
(4)
Coordinating meetings with affordable housing providers and administrative
agents, as applicable;
(5)
Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved
by COAH;
D.
Subject to approval by COAH, the Borough of Dunellen may contract with or authorize a consultant, authority, government or any agency charged by the governing body, which entity shall have the responsibility of administering the affordable housing program of the Borough of Dunellen, except for those responsibilities which may not be contracted out pursuant to Subsection C above. If the Borough of Dunellen contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and Affirmative Marketing Plan, the Municipal Housing Liaison shall supervise the contracting administrative agent.
E.
Compensation. Compensation shall be fixed by the governing body at
the time of the appointment of the Municipal Housing Liaison.
F.
Administrative powers and duties assigned to the Municipal Housing
Liaison.
(1)
Affirmative marketing.
(a)
Conducting an outreach process to insure affirmative marketing
of affordable housing units in accordance with the Affirmative Marketing
Plan of the Borough of Dunellen 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.
(2)
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 non-eligibility;
(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;
and
(f)
Employing the random selection process as provided in the Affirmative
Marketing Plan of the Borough of Dunellen when referring households
for certification to affordable units.
(3)
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 appropriate
county's register of deeds or 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.
(4)
Resale and rental.
(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 rental; and
(b)
Instituting and maintaining an effective means of communicating
information to low- and moderate-income households regarding the availability
of restricted units for resale or re-rental.
(5)
Processing request from unit owners.
(a)
Reviewing and approving requests from owners of restricted units
who wish to take out home equity loans or refinance during the term
of their ownership;
(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 cost of central air conditioning systems; and
(c)
Processing requests and making determinations on requests by
owners of restricted units for hardship waivers.
(6)
Enforcement.
(a)
Securing annually lists of all affordable housing units for
which tax bills are mailed to absentee owners and notifying all such
owners that they must either move back to their unit or sell it;
(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 acknowledgment 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)
The posting annually in all rental properties, including two-family
homes, of a notice as to the maximum permitted rent together with
the telephone number of the administrative agent where complaints
of excess rent can be made;
(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 or other
appropriate municipal fund approved by the DCA;
(f)
Creating and publishing a written operating manual, as approved
by COAH, setting forth procedures for administering such affordability
controls; and
(g)
Providing annual reports to COAH as required.
(7)
The administrative agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
If any section, subsection, paragraph, sentence or other part
of this article is adjudged unconstitutional or invalid, such judgment
shall not affect or invalidate the remainder of this article, but
shall be confined in its effect to the section, subsection, paragraph,
sentence or other part of this article directly involved in the controversy
in which said judgment shall have been rendered and all other provisions
of this article shall remain in full force and effect.
All ordinances or parts of ordinances which are inconsistent
with the provisions of this article are hereby repealed, but only
to the extent of such inconsistencies.
This article shall take effect immediately upon final adoption
and publication in the manner prescribed by law.
