[Added 4-30-2020 by Ord.
No. 2020-14]
a. The position of Municipal Housing Liaison for the City of Asbury
Park is hereby established. The Municipal Housing Liaison shall be
appointed by duly adopted resolution of the City Council and be subject
to the approval by the Superior Court.
b. The Municipal Housing Liaison must be either a full-time or part-time
employee of the City of Asbury Park.
c. The Municipal Housing Liaison must meet the requirements for qualifications,
including initial and periodic training found in N.J.A.C. 5:93.
d. The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the City
of Asbury Park, including the following responsibilities which may
not be contracted out to the Administrative Agent:
1. Serving as the municipality's primary point of contact for all
inquiries from the State, affordable housing providers, Administrative
Agents and interested households;
2. The implementation of the Affirmative Marketing Plan and affordability
controls.
3. When applicable, supervising any contracting Administrative Agent.
4. Monitoring the status of all restricted units in the City of Asbury
Park's Fair Share Plan;
5. Compiling, verifying and submitting annual reports as required by
the Superior Court;
6. Coordinating meetings with affordable housing providers and Administrative
Agents, as applicable; and
7. Attending continuing education opportunities on affordability controls,
compliance monitoring and affirmative marketing as offered or approved
by the Superior Court.
[Added 4-30-2020 by Ord.
No. 2020-14]
a. The City shall designate by resolution of the City Council, subject
to the approval of the Superior Court, one or more Administrative
Agents to administer newly constructed affordable units in accordance
with N.J.A.C. 5:93 and UHAC.
b. An Operating Manual shall be provided by the Administrative Agent(s)
to be adopted by resolution of the governing body and subject to approval
of the Superior Court. The Operating Manuals shall be available for
public inspection in the Office of the Municipal Clerk and in the
office(s) of the Administrative Agent(s).
c. The Administrative Agent shall perform the duties and responsibilities
of an administrative agent as are set forth in UHAC and which are
described in full detail in the Operating Manual, including those
set forth in N.J.A.C. 5:80-26.14, 16 and 18 thereof, which includes:
1. Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved
by the Superior Court;
7. Processing requests from unit owners; and
8. Enforcement, although the ultimate responsibility for retaining controls
on the units rests with the municipality.
9. The Administrative Agent shall, as delegated by the City Council,
have the authority to take all actions necessary and appropriate to
carry out its responsibilities, hereunder.
[Added 4-30-2020 by Ord.
No. 2020-14]
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, 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-, moderate-, or middle-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 $500 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-, moderate-,
or middle-income unit in violation of the regulations governing affordable
housing units, payment into the City of Asbury Park 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-, moderate-,
or middle-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- or moderate-, or middle-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-
or moderate-, or middle-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-, moderate-, or middle-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- or moderate-, or middle-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-, moderate-,
or middle-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- or moderate-,
or middle-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-, moderate-, or middle-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-, moderate-, or middle-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.
[Added 4-30-2020 by Ord.
No. 2020-14]
Appeals from all decisions of an Administrative Agent designated
pursuant to this chapter shall be filed in writing with the City.