[Adopted 9-6-2006 by Ord. No. 2006-09]
The purpose of this article is to create the
administrative mechanisms needed for the execution of Lebanon Township's
responsibility to assist in the provision of affordable housing pursuant
to the Fair Housing Act of 1985.[2]
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 Township of Lebanon 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 Township of Lebanon.
There is hereby established the position of
Municipal Housing Liaison for the Township of Lebanon.
Subject to the approval of the Council on Affordable
Housing (COAH), the Municipal Housing Liaison shall be appointed by
the Township Committee and may be a full- or part-time municipal employee.
The Municipal Housing Liaison shall be responsible
for oversight and administration of the affordable housing program
for the Township of Lebanon, including the following responsibilities
which may not be contracted out:
A.
Serving as Lebanon Township's primary point of contact
for all inquiries, from the state, affordable housing providers, administrative
agents, and interested households;
B.
Monitoring the status of all restricted units in Lebanon
Township's Fair Share Plan;
C.
Compiling, verifying and submitting annual reports
as required by COAH;
D.
Coordinating meetings with affordable housing providers
and administrative agents, as applicable;
E.
Attending continuing education opportunities on affordability
controls, compliance monitoring, and affirmative marketing as offered
or approved by COAH;
Subject to approval by COAH, Lebanon Township
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 Lebanon Township. If Lebanon Township 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.
Compensation shall be fixed by the governing
body at the time of the appointment of the Municipal Housing Liaison.
A.
Affirmative marketing.
(1)
Conducting an outreach process to insure affirmative
marketing of affordable housing units in accordance with the Affirmative
Marketing Plan of Lebanon Township and the provisions of N.J.A.C.
5:80-26.15; and
(2)
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.
B.
Household certification.
(1)
Soliciting, scheduling, conducting and following up
on interviews with interested households;
(2)
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;
(3)
Providing written notification to each applicant as
to the determination of eligibility or noneligibility;
(4)
Requiring that all certified applicants for restricted
units execute a certificate substantially in the form, as applicable,
of either the ownership and rental certificates set forth in Appendixes
J and K of N.J.A.C. 5:80-26.1 et seq.;
(5)
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
(6)
Employing the random selection process as provided
in the Affirmative Marketing Plan of Lebanon Township when referring
households for certification to affordable units.
C.
Affordability controls.
(1)
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;
(2)
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;
(3)
Ensuring the removal of the deed restrictions and
cancellation of the mortgage note are effectuated and properly filed
with the appropriate county's registrar of deeds or county clerk's
office after the termination of the affordability controls for each
restricted unit;
(4)
Communicating with lenders regarding foreclosures;
and
(5)
Ensuring the issuance of continuing certificates of
occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
D.
Resale and rental.
(1)
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
(2)
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.
E.
Processing request from unit owners.
(1)
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;
(2)
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
(3)
Processing requests and making determinations on requests
by owners of restricted units for hardship waivers.
F.
Enforcement.
(1)
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;
(2)
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;
(3)
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;
(4)
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;
(5)
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;
(6)
Establishing a rent-to-equity program;
(7)
Creating and publishing a written operating manual,
as approved by COAH, setting forth procedures for administering such
affordability controls; and
(8)
Proving annual reports to COAH as required.
G.
The administrative agent shall have authority to take
all actions necessary and appropriate to carry out its responsibilities
hereunder.
