In accordance with the provisions of the New Jersey Local Housing Authorities
Law (N.J.S.A. 55:14A-1 et seq.), there is hereby created a body corporate
and politic to be known as the "Housing Authority of the Township of Middle,"
hereinafter referred to as the "Authority."
The Authority shall have and exercise all the powers necessary or convenient
to carry out the purposes of the New Jersey Local Housing Authorities Law, including but not limited to the following:
A. To sue and be sued; to have a seal and to alter the same
at pleasure; to have perpetual succession; to make and execute contracts and
other instruments necessary or convenient to the exercise of the powers of
the Authority; and to make and from time to time amend and repeal bylaws,
rules and regulations, not inconsistent with the provisions of this chapter
or the provisions of any other law, to carry into effect the powers and purposes
of the Authority.
B. Within its area of operation, to prepare, carry out,
acquire, lease and operate housing projects and to provide for the construction,
reconstruction, improvement, alteration or repair of any housing project or
any part thereof.
C. To arrange or contract, in the manner which is now or
may in the future be prescribed by law concerning municipalities, except as
otherwise provided by the rules or regulations of the federal government,
for the furnishing by any person or agency, public or private, of services,
privileges, works or facilities for or in connection with a housing project
or the occupants thereof and, notwithstanding anything to the contrary contained
herein or any other provision of law, to agree to any conditions attached
to federal financial assistance relating to the determination of prevailing
salaries or wages or to the payment of not less than prevailing salaries or
wages or to compliance with labor standards in the development or administration
of projects and to include in any contract let in connection with a project
stipulations requiring that the contractor and any subcontractors comply with
requirements as to minimum wages and maximum hours of labor and comply with
any conditions which the federal government may have attached to its financial
aid of the project.
D. To lease or rent any dwellings, houses, accommodations,
lands, buildings, structures or facilities embraced in any housing project
and, subject to the limitations contained herein or the limitations contained
in any other provision of law, to establish and revise the rents or charges
therefor, to own, hold and improve real or personal property; to purchase,
lease, obtain options upon or acquire, by gift, grant, bequest, devise or
otherwise, any real or personal property or any interest therein; to acquire
by the exercise of the power of eminent domain any real property; to sell,
lease, exchange, transfer, assign, pledge or dispose of any real or personal
property or any interest therein; to insure or provide for the insurance of
any real or personal property or operations of the Authority against any risks
or hazards; and to procure or agree to the procurement of insurance or guaranties
from the federal government of the payment of any bonds or parts thereof issued
by an authority, including the power to pay premiums on any such insurance.
E. To invest any funds held in reserve or sinking funds,
or any funds not required for immediate disbursement, in property or securities
in which savings banks may legally invest funds subject to its control and
to purchase its bonds at a price not more than the principal amount thereof
and accrued interest, all bonds so purchased to be canceled.
F. Within its area of operation, to investigate into living,
dwelling and housing conditions and into the means and methods of improving
such conditions; to determine where slum areas exist or where there is a shortage
of decent, safe and sanitary dwelling accommodations for persons of low income;
to make studies and recommendations relating to the problem of clearing, replanning
and reconstructing slum areas and the problem of providing dwelling accommodations
for persons of low income and to cooperate with any public body in action
taken in connection with such problems; and to engage in research, studies
and experimentation on the subject of housing.
G. To acquire by the exercise of the power of eminent domain
any real property which it may deem necessary for its purposes under this
chapter after the adoption by it of a resolution declaring that the acquisition
of the real property described therein is necessary for such purposes. Property
already devoted to a public use may be acquired in like manner, provided that
no real property belonging to a public body or corporation, itself possessing
the power of eminent domain, may be acquired without its consent.
H. To issue bonds from time to time, in its discretion,
for any of its corporate purposes. The Authority shall also have the power
to issue refunding bonds for the purpose of paying or retiring bonds previously
issued by it. The Authority may issue such types of bonds as it may determine,
including, without limiting the generality of the foregoing, bonds on which
the principal and interest are payable exclusively from the income and revenues
of the housing project financed with the proceeds of such bonds, exclusively
from the income and revenues of certain designated housing projects whether
or not they are financed in whole or in part with the proceeds of such bonds,
or from its revenues generally. Any such bonds may be additionally secured
by a pledge of any grant or contributions from the federal government or other
source or a pledge of any income or revenues of the Authority or a mortgage
of any housing project, projects or other property of the Authority.
I. To borrow money or accept contributions or capital grants
from the federal government to assist in its undertaking redevelopment projects.
The Authority may do any and all things necessary or desirable to secure such
financial aid for redevelopment projects, including obligating itself in any
contract with the federal government for financial assistance to convey to
the federal government the project to which said contract relates upon the
occurrence of a substantial default thereunder, in the same manner as it may
do to secure such aid in connection with slum clearance and housing projects
under the provisions of the New Jersey Local Housing Authorities Law.
All housing projects of the Authority, including all property comprising
such housing projects, are hereby declared to be public property devoted to
an essential public and governmental purpose. All such public property devoted
to such a public purpose shall be exempt from all taxes and special assessments
of the state or any political subdivision thereof as long as such public property
remains under exclusive control and jurisdiction of the Authority or the Township
of Middle; provided, however, that, in lieu of such taxes, the Authority may
agree to make payments to the Township of Middle for the services, improvements
or facilities furnished by it for the benefit of a housing project, but in
no event shall such payments exceed the amount last levied as the annual tax
of the Township of Middle upon the property included in said project prior
to the time of its acquisition by the Authority or by the Township of Middle.
The purpose of this article is to create the administrative mechanisms
needed for the execution of Middle Township'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:
ADMINISTRATIVE AGENT
The entity responsible for administering the affordability controls
of some or all units in the affordable housing program for Middle Township
to ensure that the restricted units under administration are affirmatively
marketed and sold or rented, as applicable, only to low- and moderate-income
households.
MUNICIPAL HOUSING LIAISON
The employee charged by the governing body with the responsibility
for oversight and administration of the affordable housing program for Middle
Township.