The purpose of this article is to designate an administrative
agent thereby creating the administrative mechanisms needed for the
execution of Mount Holly Township's responsibility to assist in the
provision of affordable housing pursuant to the Fair Housing Act of
1985 and the Court Settlement. This article implements and incorporates
the adopted and endorsed Housing Element and Fair Share Plan and addresses
the requirements of N.J.A.C. 5:93-1, et seq., as amended and supplemented,
N.J.A.C. 5:80-26.1, et seq. as amended and supplemented.
As used in this article, the following terms shall have the
meanings indicated:
ADMINISTRATIVE AGENT
The entity designated by the Township to administer affordable
units in accordance with this article, N.J.A.C. 5:93, and UHAC (N.J.A.C.
5:80-26.1).
An Administrative Agent shall be an independent entity serving
under contract to and reporting to the municipality. The fees of the
Administrative Agent shall be paid by the owners of the affordable
units for which the services of the Administrative Agent are required.
The Administrative Agent shall perform the duties and responsibilities
of an Administrative Agent as set forth in UHAC, including those set
forth in N.J.A.C. 5:80-26.14, 16 and 18 thereof, which includes:
A. Affirmative marketing:
(1) Conducting an outreach process to affirmatively market affordable
housing units in accordance with the Affirmative Marketing Plan of
the Township 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 Township when referring households for certification
to affordable units; and
(7) Notifying the following entities of the availability of affordable
housing units in the Township pursuant to N.J.A.C. 5:80-26.15(f)(5):
Fair Share Housing Center, the Latino Action Network, Willingboro
NAACP, Southern Burlington County NAACP; the Supportive Housing Association;
and the New Jersey Housing Resource Center.
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 Hunterdon
County Register of Deeds or Hunterdon County Clerk's office after
the termination of the affordability controls for each restricted
unit;
(4) Communicating with lenders regarding foreclosures; and
(5) Ensuring the issuance of continuing certificates of occupancy or
certifications pursuant to N.J.A.C. 5:80-26.10.
D. Resales and rerentals:
(1) Instituting and maintaining an effective means of communicating information
between owners and the Administrative Agent regarding the availability
of restricted units for resale or rerental; and
(2) Instituting and maintaining an effective means of communicating information
to low- (or very-low-) and moderate-income households regarding the
availability of restricted units for resale or rerental.
E. Processing requests from unit owners:
(1) Reviewing and approving requests for determination from owners of
restricted units who wish to take out home equity loans or refinance
during the term of their ownership that the amount of indebtedness
to be incurred will not violate the terms of this article;
(2) Reviewing and approving requests to increase sales prices from owners
of restricted units who wish to make capital improvements to the units
that would affect the selling price, such authorizations to be limited
to those improvements resulting in additional bedrooms or bathrooms
and the depreciated cost of central air conditioning systems;
(3) Notifying the municipality of an owner's intent to sell a restricted
unit; and
(4) Making determinations on requests by owners of restricted units for
hardship waivers.
F. Enforcement:
(1) Securing annually from the municipality a list of all affordable
housing units for which tax bills are mailed to absentee owners, and
notifying all such owners that they must either move back to their
unit or sell it;
(2) Securing from all developers and sponsors of restricted units, at
the earliest point of contact in the processing of the project or
development, written acknowledgement of the requirement that no restricted
unit can be offered, or in any other way committed, to any person,
other than a household duly certified to the unit by the Administrative
Agent;
(3) Posting annually, in all rental properties (including two-family
homes), a notice as to the maximum permitted rent together with the
telephone number of the Administrative Agent where complaints of excess
rent or other charges can be made;
(4) Sending annual mailings to all owners of affordable dwelling units,
reminding them of the notices and requirements outlined in N.J.A.C.
5:80-26.18(d)4;
(5) Establishing a program for diverting unlawful rent payments to the
municipality's Affordable Housing Trust Fund; and
(6) Creating and publishing a written operating manual for each affordable
housing program administered by the Administrative Agent, to be approved
by the Governing Body and the Court, setting forth procedures for
administering the affordability controls.
G. Additional responsibilities:
(1) The Administrative Agent shall have the authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
(2) The Administrative Agent shall prepare monitoring reports for submission
to the Municipal Housing Liaison in time to meet the Court-approved
monitoring and reporting requirements in accordance with the deadlines
set forth in this article.
(3) The Administrative Agent shall attend continuing education sessions
on affordability controls, compliance monitoring, and affirmative
marketing at least annually and more often as needed.