[Adopted 2-9-2021 by Ord. No. 2021-6[1]]
[1]
Editor's Note: This ordinance also repealed former Art. VI,
Municipal Housing Liaison, adopted 5-22-2007 by Ord. No. 2007-41.
The purpose of this article is to create the administrative
mechanisms needed for the execution of the City of Vineland's
responsibility to assist in the provision of affordable housing pursuant
to the Fair Housing Act of 1985.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
As used in this article, the following terms shall have the
meanings indicated:
The entity responsible for the administration of affordable
units in accordance with this article, N.J.A.C. 5:91, N.J.A.C. 5:93[1] and N.J.A.C. 5:80-26.1 et seq.
A municipal employee appointed by resolution of the governing
body, responsible for the tracking and reporting of affordable housing
units to the appropriate authorities and parties, in addition to other
affordable housing duties that may be assigned by the Business Administrator.
[1]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b,
Chapter 93, Substantive Rules of the New Jersey Council on Affordable
Housing for the Period Beginning June 6, 1994, expired on 10-16-2016.
A.
There is hereby established the position of Municipal Housing Liaison
for the City of Vineland.
B.
The Municipal Housing Liaison shall be annually appointed by the
City Council and shall be a municipal employee.
C.
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the City of Vineland and shall undertake the following duties and responsibilities, which may not be contracted out, with the exception of Subsection C(7) below, which may be contracted out:
(1)
Serve as the City's primary point of contact for all inquiries
from the state, affordable housing providers, administrative agents
and interested households;
(2)
Ensure the implementation of the affirmative marketing provisions
and affordability controls;
(3)
When applicable, supervise any contracting administrative agent;
(4)
Monitor the status of all income-restricted units in the City of
Vineland;
(5)
Compile, verify and submit annual reports on affordable housing activity
as required by court order, ordinance, rule or regulation;
(6)
Coordinate meetings with affordable housing providers and administrative
agents, as needed;
(7)
If applicable, serve as the administrative agent for some or all
of the restricted units in the City of Vineland; and
(8)
Attend continuing education programs in order to maintain these oversight
and administrative duties.
D.
Subject to approval by COAH or the Court, the City of Vineland 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 City of Vineland. If Vineland 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 shall be fixed by the governing body at the time of
the appointment of the Municipal Housing Liaison through the Salary
Ordinance of the City of Vineland.
F.
Administrative powers and duties assigned to the Municipal Housing
Liaison.
(1)
Affirmative marketing.
(a)
Conduct an outreach process to ensure affirmative marketing
of affordable housing units in accordance with the affirmative marketing
plan of the City of Vineland and the provisions of N.J.A.C. 5:80-26.15;
and
(b)
Provide 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)
Solicit, schedule, conduct, and follow up on interviews with
interested households;
(b)
Conduct interviews and obtain sufficient documentation of gross
income and assets upon which to base a determination of income eligibility
for a low- or moderate-income unit;
(c)
Provide written notification to each applicant as to the determination
of eligibility or noneligibility;
(d)
Require 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 Appendixes J and
K of N.J.A.C. 5:80-26.1 et seq.;
(e)
Create and maintain 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)
Employ the random selection process as provided in the affirmative
marketing plan of the City of Vineland when referring households for
certification to affordable units.
(3)
Affordability controls.
(a)
Furnish 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)
Create and maintain a file on each restricted unit for its control
period, including the recorded deed with restrictions, recorded mortgage
and note, as appropriate;
(c)
Ensure that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the county's
register of deeds or county clerk's office after the termination
of the affordability controls for each restricted unit;
(d)
Communicate with lenders regarding foreclosures; and
(e)
Ensure the issuance of continuing certificates of occupancy
or certifications pursuant to N.J.A.C. 5:80-26.10.
(4)
Resale and rental.
(a)
Institute and maintain an effective means of communicating information
between owners and the administrative agent regarding the availability
of restricted units for resale or rental; and
(b)
Institute and maintain an effective means of communicating information
to low-and moderate-income households regarding the availability of
restricted units for resale or rerental.
(5)
Process requests from unit owners.
(a)
Review and approve requests from owners of restricted units
who wish to take out home equity loans or refinance during the term
of their ownership;
(b)
Review and approve 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, except that such authorizations
shall be limited to those improvements resulting in additional bedrooms
or bathrooms and the cost of central air-conditioning systems; and
(c)
Process requests and make determinations on requests by owners
of restricted units for hardship waivers.
(6)
Enforcement.
(a)
Secure annually lists of all affordable for-sale housing units
for which tax bills are mailed to absentee owners and notify all such
owners that they must either move back to their unit or sell it;
(b)
Secure 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)
Ensure that annually in all rental properties, including two-family
homes, notice is posted as to the maximum permitted rent together
with the telephone number of the administrative agent where complaints
of excess rent can be made;
(d)
Send 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)
Establish 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)
Create and publish a written operating manual, as approved by
COAH or the Court, setting forth procedures for administering such
affordability controls; and
(g)
Provide annual reports as required.
(7)
The Municipal Housing Liaison shall have authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
