[Adopted 5-21-2007 by Ord. No. 896]
The purpose of this article is to create the
administrative mechanisms needed for the execution of the Borough
of Shrewsbury'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
Borough of Shrewsbury 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 Shrewsbury.
A.
Establishment of position of Municipal Housing Liaison.
There is hereby established the position of Municipal Housing Liaison
for the Borough of Shrewsbury.
B.
Appointment. Subject to the approval of the Council
on Affordable Housing (COAH), the Municipal Housing Liaison shall
be appointed by the governing body and may be a full- or part-time
municipal employee.
C.
Affordable housing program. The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Borough of Shrewsbury, including the following responsibilities, which may not be contracted out, exclusive of Subsection C(6) which may be contracted out:
(1)
Serving as the Borough of Shrewsbury's primary point
of contact for all inquiries from the state, affordable housing providers,
administrative agents, and interested households;
(2)
Monitoring the status of all restricted units in the
Borough of Shrewsbury's Fair Share Plan;
(3)
Compiling, verifying, and submitting annual reports
as required by COAH;
(4)
Coordinating meetings with affordable housing providers
and administrative agents, as applicable;
(5)
Attending continuing education opportunities on affordability
controls, compliance monitoring, and affirmative marketing as offered
or approved by COAH;
D.
Responsibilities which may be contracted out. Subject to approval by COAH, the Borough of Shrewsbury 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 Shrewsbury, except for those responsibilities which may not be contracted out pursuant to Subsection C above. If the Borough of Shrewsbury contracts with another equity 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. Compensation shall be fixed by the governing
body at the time of the appointment of the Municipal Housing Liaison.
F.
Administrative powers and duties assigned to the Municipal
Housing Liaison.
(1)
Affirmative marketing:
(a)
Conducting an outreach process to ensure affirmative
marketing of affordable housing units in accordance with the affirmative
marketing plan of the Borough of Shrewsbury and the provisions of
N.J.A.C. 5:80-26.15; and
(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 Shrewsbury when
referring households for certification to affordable units.
(3)
Affordability controls:
(a)
Furnishing 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)
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 rerental.
(5)
Processing requests 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
and 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 acknowledgment 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 annual 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.
