Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an owner, developer or tenant, the Village
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, a requirement for household
recertification, acceleration of all sums due under a mortgage, recuperation
of any funds from a sale in violation of the regulations, injunctive
relief to prevent further violation of the regulations, entry on the
premises, and specific performance.
After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the Village
may take the following action(s) against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
The Village 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 adjudged
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 fine of not more than $500 per day or imprisonment for a period
not to exceed 90 days, or both, provided that each and every day that
the violation continues or exists shall be considered a separate and
specific violation of these provisions and not a continuation of the
initial offense. In the case of an owner who has rented a low- or
moderate-income unit in violation of the regulations governing affordable
housing units, payment into the Village of Ridgefield Park Affordable
Housing Trust Fund of the gross amount of rent illegally collected;
In the case of an owner who has rented a low- or moderate-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.
The Village may file a court action in the Superior Court seeking
a judgment that would result in the termination of the owner's
equity or other interest in the unit, in the nature of a mortgage
foreclosure. Any such 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-income unit:
The judgment shall be enforceable, at the option of the Village,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-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 Village,
including attorney's fees. The violating owner shall have his
right to possession terminated as well as his title conveyed pursuant
to the sheriff's sale.
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- and moderate-income unit. The excess, if any, shall
be applied to reimburse the Village 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 Village in full as aforesaid, the violating owner shall be personally
responsible for the full extent of such deficiency, in addition to
any and all costs incurred by the Village 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 Village 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 Village 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 Village. Any interest
accrued or earned on such balance while being held in escrow shall
belong to and shall be paid to the Village, whether such balance shall
be paid to the owner or forfeited to the Village.
Foreclosure by the Village 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-and moderate-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.
If there are no bidders at the sheriff's sale, or if insufficient
amounts are bed to satisfy 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 an any
prior liens and costs of the enforcement proceedings, including legal
fees and the maximum resale price for which the low and moderate 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.
Failure of the low- and moderate-income unit to be either sold
at the sheriff's sale or acquired by the Village shall obligate
the owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the Village, with such offer
to purchase being equal to the maximum resale price of the low and
moderate income unit as permitted by the regulations governing affordable
housing units.
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.
Appeals from all decisions of an Administrative Agent appointed
pursuant to this chapter shall be filed in writing with the Executive
Director of COAH or with the Superior Court, Bergen County Vicinage.