Township of Wayne, NJ Housing Occupancy Criteria

The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by a developer or sponsor of affordable housing. It is a continuing program and covers the period of deed restriction. Each developer of affordable dwelling units shall be responsible for assuring affordability of units and certification of applicants and shall provide for the marketing of all low- and moderate-income housing units developed pursuant to the provisions of this chapter in accordance with the provisions of an affirmative marketing plan as described below. The Township shall ensure compliance with this section through oversight and monitoring by the Township Housing Administrator.

Regional outreach. The developer shall identify representative groups in the Township or its respective housing region (Passaic, Bergen and Hudson Counties), including community and regional based civic organizations, council of churches, welfare and social service agents, major employers, etc. The developer shall actively market affordable units to these appropriate representative groups as part of its affirmative marketing program.

Notice of availability. The marketing process for available low- and moderate-income units shall begin at least 120 days prior to expected occupancy. There shall be at least one paid advertisement in a newspaper of general circulation within the housing region during the first week of the marketing program. Such advertisement shall be consistent with N.J.A.C. 5:93-11.3(c). The developer may also elect to advertise on television and/or radio, as well as in other publications circulated within the housing region that are likely to be read by low- and moderate-income households, such as neighborhood-oriented weekly newspapers, religious publications, organizational newsletters, etc. The cost of this advertising shall be the developer's responsibility and shall be a condition of Planning Board approval.

Preapplication process. Preapplications from prospective purchasers and tenants shall be received and reviewed for completeness, and a preliminary determination of eligibility shall be made. The developer shall register all affordable housing units with the Affordable Housing Board and shall pay all applicable fees and costs in accordance with applicable regulations.

Preapplication selection criteria. Preliminary eligible preapplicants will be placed in selection pools which shall be established according to the following guidelines. Within all rounds of applicant selection, random selection of eligible applicants shall prevail.

(1)

A separate pool of preapplicants shall be formed for units to be restricted by age requirements consistent with the Federal Fair Housing Act and the Township's Land Use Regulations (See Chapter 134, Land Development). The selection from this separate pool shall be in accordance with the criteria established in Subsection D(2) below. The Township's goal is that no more than 25% of the total affordable units provided for under this chapter may be restricted by age requirement. A request for age restriction on affordable housing units may be granted only upon the consent of the Municipal Council of the Township of Wayne.

(2)

Income ranges for units and applicants in accordance with N.J.A.C. 5:93-9.1 and household size shall provide further pooling standards.

Preapplicant certification. Preapplicants selected from the above-referenced pool shall be subjected to a certification process which will include a third-party verification of all available applicant information. Said verification shall be in a form and manner consistent with the State of New Jersey Department of Community Affairs regulations and procedures and the procedures set forth below.

(1)

The developer or its designee shall designate an application period during which applications to purchase or rent affordable housing units will be accepted which is consistent with N.J.A.C. 5:93-11.

(2)

Applications shall be accepted only if submitted on an application which is consistent in form and content with applications provided by NJDCA Affordable Housing Management Service (AHMS). Applications shall be completely filled out. Knowingly or intentionally making any false statement on a form shall be grounds for disqualifying an applicant even if the applicant is otherwise eligible. The following information shall be required:

(a)

A copy of IRS Form 1040A or 1040EZ (Tax Computation Form) for each of the three years prior to the date of the application.

(b)

A letter from all employers stating present annual income or four consecutive paystubs dated within 120 days of the interview date.

(c)

A letter or appropriate reporting form verifying benefits, including but not limited to social security or pension.

(d)

A letter or appropriate reporting form verifying any other sources of income claimed by the applicant household.

(e)

Reports that verify income from assets to be submitted by banks or other financial institutions managing trust funds, money market accounts, stocks or bonds.

(f)

Reports that verify assets that do not earn regular income, such as real estate and savings with delayed earnings provisions.

(3)

The developer or its designee shall determine whether the applicant meets the income and other requirements established in these regulations. The review process for a prospective purchaser shall involve a credit background report; to be an eligible applicant, the applicant shall have an acceptable credit history such that there is a realistic possibility that he/she will be approved for a mortgage.

(4)

The developer or its designee will determine which eligible applicants shall be offered the opportunity to purchase or rent affordable housing units. Selection from among the eligible applicants shall be on a random basis subject only to the priority schedule established in § 213-41 above and the provisions established thereunder.

(5)

Size of household priorities.

(a)

A household of the size provided for in this subsection shall have priority over the households with a fewer number of persons for one-bedroom, two-bedroom and three-bedroom units.

Number of Bedrooms	Number of Persons
3	5 or more
2	3
1	2

(b)

All applicants shall be classified by the developer or its designee in one of the priority categories set forth above on the basis of the information provided in the initial application.

(6)

Appeals. In the event that an applicant is determined to be ineligible for a low- or moderate-income unit by the developer or its designee, the applicant may submit additional proofs to the Township Housing Administrator and request reconsideration. Such request for reconsideration shall be made within 10 days of receipt of notice of denial by the applicant.

(7)

Waiting list. The developer or its designee shall establish a waiting list for the remaining eligible applicants in the manner established in this chapter and consistent with N.J.A.C. 5:93-11.5. After all the units are occupied, the developer or its designee may choose to accept new applications. If an applicant is deemed eligible, the applicant shall be placed on the waiting list at the bottom of the particular priority classification for which the applicant qualifies. The developer or its designee shall periodically recertify the applicants on the waiting list to ensure that the list remains current and that the applicants are still qualified for the units to which they applied.

(8)

Income eligibility standards.

(a)

The Board shall adopt income eligibility ceilings for low- and moderate-income units for various sized households based upon United States Department of Housing and Urban Development uncapped median income by family size for Passaic County and as adopted by COAH. No applicant with household income in excess of these ceilings shall be eligible to purchase or rent the low- and moderate-income units except as may be provided herein.

(b)

Upon annual adoption of updated income standards by COAH, the Board shall modify its income eligibility ceilings accordingly.

(c)

For purposes of determining income and eligibility, the developer or its designee shall consider:

[1]

All sources of income, whether taxable or nontaxable, including social security and pensions.

[2]

Imputed income. For the purpose of determining eligibility and rents, interest on the present value of real property and extraordinary personal property owned by the applicant shall be imputed and deemed additional income. Interest shall be imputed at the average interest rate on money market accounts in the region as determined by the developer or its designee.

[3]

The income and assets of all members of the household as well as the income and assets of any individual who is expected to occupy the unit for which the household is seeking to qualify shall be included in the determination of eligibility and of rents. The form used for verification of household income shall include an affidavit attesting that the application contains the complete income of all current or anticipated household members.

Certified households. Households selected and certified as set forth above shall be issued a certificate of eligibility. Said certificate shall enable the household to purchase or rent an affordable housing unit.

Certificate duration. A certificate of eligibility as referenced above shall be valid for 90 days and shall be subject to the following conditions:

(1)

In the event that the certificate holder enters into a legally binding land sales contract or lease agreement, the certificate shall toll for the period of such agreement and its extensions or superseding agreements.

(2)

In the event that the certificate holder does not enter into a legally binding land sales contract or lease agreement during the initial 90-day period, the Board may, at the Board's option, extend the certificate for a maximum of two 30-day extension periods. Any extension will be subject to the receipt by the Affordable Housing Administrator, by certified mail, return receipt requested, with a copy to the Legal Department, of evidence from the certificate holder establishing that there is good cause for the provision of said extension.

(3)

In accordance with the procedures set forth above and after households have been placed in the appropriate pool by income category and unit type and classified according to priority categories above, a lottery or other random selection procedure in accordance with N.J.A.C. 5:93-11.4(d) shall be utilized to choose among households of equal ranking for a limited number of housing units.

(4)

Subsequent to the cutoff date established for the first selection group, additional cutoff dates may be established for one or more additional selection pools, in order to ensure that there is an adequate number of applicants for the purchase or rental of available affordable housing units. All procedures set forth above shall apply to the applicants in any further selection pool.