[Added 4-30-2020 by Ord.
No. 2020-14]
a. The requirements of this section apply to all developments that contain
affordable housing units, including any currently unanticipated future
developments that will provide affordable housing units as defined
in this chapter.
[Added 4-30-2020 by Ord.
No. 2020-14]
a. The City shall adopt by resolution an Affirmative Marketing Plan,
subject to approval of the Superior Court, 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 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 COAH 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 COAH Housing Region 4,
comprised of Monmouth, Ocean, and Mercer Counties.
d. The Administrative Agent designated by the City shall assure the
affirmative marketing of all affordable units is consistent with the
Affirmative Marketing Plan for the municipality.
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 process for available affordable units
shall begin at least four months prior to the expected date of occupancy.
g. 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 City of Asbury Park.
[Added 4-30-2020 by Ord.
No. 2020-14]
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:
1. Provide an occupant for each bedroom;
2. Provide separate bedrooms for parents and children;
3. Provide children of different sexes with separate bedrooms; and
4. Prevent more than two persons from occupying a single bedroom.
b. Additional provisions related to occupancy standards (if any) shall
be provided in the municipal Operating Manual.
[Added 4-30-2020 by Ord.
No. 2020-14]
a. The administrative agent shall use a random selection process to
select occupants of low-, moderate-, and middle-income housing.
b. A waiting list of all eligible candidates will be maintained in accordance
with the provisions of N.J.A.C. 5:80-26 et seq.
[Added 4-30-2020 by Ord.
No. 2020-14]
a. Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, and each restricted ownership unit shall
remain subject to the controls on affordability for a period of at
least 30 years, until the municipality takes action to release the
controls on affordability.
b. Rehabilitated owner-occupied housing units that are improved to code
standards shall be subject to affordability controls for a period
of 10 years.
c. The affordability control period for a restricted ownership unit
shall commence on the date the initial certified household takes title
to the unit.
d. 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.
e. 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.
[Added 4-30-2020 by Ord.
No. 2020-14]
a. 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:
1. The initial purchase price for a restricted ownership unit shall
be approved by the Administrative Agent.
2. The Administrative Agent shall approve all resale prices, in writing
and in advance of the resale, to assure compliance with the foregoing
standards.
3. The method used to determine the condominium association fee amounts
and special assessments shall be indistinguishable between the restricted
affordable unit owners and the market unit owners.
4. 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.
[Added 4-30-2020 by Ord.
No. 2020-14]
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. Additionally,
middle-income ownership units shall be reserved for households with
a gross income less than 120% of median-income.
b. The Administrative Agent shall certify a household as eligible for
a restricted ownership unit when the household is a low-, moderate-,
or middle-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.
[Added 4-30-2020 by Ord.
No. 2020-14]
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).
[Added 4-30-2020 by Ord.
No. 2020-14]
a. Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, and each restricted rental unit shall remain
subject to the controls on affordability for a period of at least
30 years, until the municipality takes action to release the controls
on affordability.
1. Restricted rental units created as part of developments receiving
9% Low Income Housing Tax Credits must comply with a control period
of not less than a 30-year compliance period plus a 15-year extended
use period.
b. Rehabilitated renter-occupied housing units that are improved to
code standards shall be subject to affordability controls for a period
of 10 years.
c. 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 Monmouth. A copy of the filed document shall be provided
to the Administrative Agent within 30 days of the receipt of a Certificate
of Occupancy.
d. A restricted rental unit shall remain subject to the affordability
controls of this chapter, despite the occurrence of any of the following
events:
1. Sublease or assignment of the lease of the unit;
2. Sale or other voluntary transfer of the ownership of the unit; or
3. The entry and enforcement of any judgment of foreclosure.
[Added 4-30-2020 by Ord.
No. 2020-14]
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.
[Added 4-30-2020 by Ord.
No. 2020-14]
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.
4. Middle-income rental units shall be reserved for households with
a gross household income between 80% and 120% 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,
low-income household, moderate-income household, or a middle-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 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.
c. The applicant shall file documentation sufficient to establish the
existence of the circumstances in paragraphs b,1 through b,5 above
with the Administrative Agent, who shall counsel the household on
budgeting.
[Added 4-30-2020 by Ord.
No. 2020-14]
a. Each housing unit created through the conversion of a non-residential
structure shall be considered a new housing unit and shall be subject
to the affordability controls for a new housing unit.
[Added 4-30-2020 by Ord.
No. 2020-14]
a. The administration of an alternative living arrangement shall be
in compliance with N.J.A.C. 5:93-5.8 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).
b. With the exception of units established with capital funding through
a 20-year operating contract with the Department of Human Services,
Division of Developmental Disabilities, alternative living arrangements
shall have at least 30 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.