The price of an owner-occupied housing unit and the rents of
affordable housing units may increase annually based on the percentage
increase in median income for the region as determined from the uncapped
Section 8 income limits, published by HUD, as defined in N.J.A.C.
5:92-1.3 (Appendix D) or other recognized standard adopted by COAH.
Property owners of single-family, owner-occupied housing may
apply to the Affordable Housing Board for permission to increase the
maximum price for eligible capital improvements. Eligible capital
improvements shall only be those which, pursuant to N.J.A.C. 5:92-12.8,
render the unit suitable for a larger household. In no event shall
the maximum price of an improved housing unit exceed the limits of
affordability for the larger household. Property owners shall apply
to the Township if an increase in the maximum sales price is sought.
Upon request of an owner of an affordable housing unit the Board shall
consider within 30 days whether to grant prior approval of an improvement
and to approve a specific dollar amount up to the amount actually
expended for that improvement.
In the event of a foreclosure sale, the owner of the affordable
housing unit shall be personally obligated to pay to the Township
any surplus funds, but only to the extent that such surplus funds
exceed the difference between the maximum price permitted at the time
of foreclosure and the amount necessary to redeem the debt to the
financial institution, including costs of foreclosure.
The Township may elect to purchase a low- or moderate-income unit pursuant to §
213-27. Upon purchase the Township may:
A. Convey or rent the housing unit to a low- or moderate-income purchaser
or tenant at a price or rent not to exceed the maximum allowable restricted
sales price or rental for a period of up to 20 years; or
B. Convey the unit at fair market value subject to the provisions listed
below. The Township shall:
(1) Notify COAH of any proposed sale and sales price 90 days before closing;
(2) Notify COAH of the price differential as defined in N.J.A.C. 5:92-1.3;
(3) Deposit the price differential in the Wayne Township Affordable Housing
Trust Fund; and
(4) Notify COAH by February 1 of each calendar year of the balance within
the Affordable Housing Trust Fund.
C. Money deposited in the Affordable Housing Trust Fund from such sale
may not be expended until the Township submits a repayment housing
plan which provides a realistic opportunity for the creation, rehabilitation
or maintenance of low- and moderate-income housing.
When the Department of Community Affairs or Agency elects to
purchase a low- or moderate-income unit pursuant to N.J.A.C. 5:92-12.3,
it may:
A. Convey or rent the housing unit to a low- or moderate-income purchaser
or tenant at a price or rent not to exceed the allowable restricted
sales prices or rental; or
B. Convey the unit at fair market value and utilize the price differential
to subsidize the construction, rehabilitation or maintenance of low-
and moderate-income housing within the Bergen, Hudson, Passaic Counties
Housing Region.
When a housing unit has been maintained as a low- or moderate-income
unit after controls have been in effect for 20 years, the restrictive
covenant governing the housing units shall allow municipalities, the
state, nonprofit agencies and sellers of low- and moderate-income
units to again exercise all the same options as provided in this chapter.
For all affordable housing developments receiving preliminary site plan approval on or after July 10, 1996, the provisions of §§
213-16B through and including 213-34 shall be applicable, except as hereinafter set forth in §§
213-36 through
213-39.
To assure that newly constructed low- and moderate-income sales
units remain affordable to low- and moderate-income households for
not less than 30 years, the Township shall require all conveyances
of newly constructed low- and moderate-income sales units subject
to the Act to contain a restrictive covenant and mortgage lien adopted
by COAH, attached hereto as Exhibit 1. (Exhibit 1 is on file in the
Township offices.)