The purpose of this article is to create the administrative mechanisms needed for the execution of the Borough of Hightstown'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 Hightstown 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 Hightstown and, as applicable, any regional contribution agreement (RCA) it enters into.
[Ord. No. 19-1994; Ord. No. 1998-26; Ord. No. 2008-23]
A.
Establishment of position of MHL/RCA Administrator. There is hereby established the position of MHL/RCA Administrator for the Borough of Hightstown.
B.
Subject to the approval of the Council on Affordable Housing (COAH), the MHL/RCA Administrator shall be appointed by the governing body and may be a full or part time employee, and may also be subject to a shared services agreement with another municipality pursuant to the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq.
C.
The MHL/RCA Administrator shall be responsible for oversight and administration of the municipality's affordable housing program and the administration of any RCA entered into by the Borough of Hightstown, including the following responsibilities, as applicable, which may not be contracted out:
(1)
Serving as Hightstown's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents, and interested households;
(2)
Establishing an escrow account for the RCA funds and submitting to COAH a signed escrow agreement between the Borough of Hightstown, the bank and COAH for each RCA;
(3)
Monitoring the status of all restricted units in Hightstown's Fair Share Plan and any project plan for any RCA;
(4)
Compiling, verifying, and submitting semiannual reports as required by COAH;
(5)
Coordinating meetings with affordable housing providers and administrative agents, as applicable;
(6)
Attending continuing education opportunities as offered or approved by COAH;
D.
Subject to approval by COAH, the Borough of Hightstown 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 Hightstown, except for those responsibilities which may not be contracted out pursuant to Subsection C above. If the Borough of Hightstown contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and Affirmative Marketing Plan, the MHL/RCA Administrator shall supervise the contracting Administrative Agent.
E.
Compensation shall be fixed by the governing body at the time of the appointment of the MHL/RCA Administrator.
F.
Administrative powers and duties assigned to the MHL/RCA Administrator or his/her designee shall include the following:
(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 Hightstown and the provisions of N.J.A.C. 5:80-26.15; and
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]
(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 noneligibility;
(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 Hightstown when referring households for certification to affordable units.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]
(3)
Affordability controls.
(a)
Furnishing to attorneys or closing agent's 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 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 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)
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 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.