[HISTORY: Adopted by the Mayor and Council of the Borough of Franklin 3-13-2007
by Ord. No. 5-2007. Amendments noted where applicable.]
The purpose of this chapter is to create the administrative mechanisms
needed for the execution of the Borough of Franklin's responsibility
to assist in the provision of affordable housing pursuant to the Fair Housing
Act of 1985.
As used in this chapter, 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 Borough of
Franklin 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 Franklin.
A.
Establishment of position of Municipal Housing Liaison.
There is hereby established the position of Municipal Housing Liaison for
the Borough of Franklin.
B.
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.
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Borough of Franklin, 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 Franklin'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 Franklin's Fair Share Plan;
(3)
Compiling, verifying, and submitting annual reports as
required by the 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.
Subject to approval by COAH, the Borough of Franklin 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 Franklin, except for those responsibilities which may not be contracted out pursuant to Subsection C above. If the Borough of Franklin 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.
E.
Compensation. Compensation shall be fixed by the governing
body at the time of the appointment of the Municipal Housing Liaison.
F.
The Municipal Housing Liaison shall oversee the administrative
agent to ensure that the administrative agent is performing the following
tasks and duties:
(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 Franklin 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 Franklin 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 request 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 or 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 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;
(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.
