Developers of inclusionary housing units of
low- and moderate-income persons and families shall enter into a written
agreement, binding on all successors-in-interest in accordance with
N.J.A.C. 5:93-9.3 et seq. of Resale/Rental Control, that not less
than 10% of the total units constructed shall be affordable to low-income
persons and families, and not less than 10% of the total units constructed
shall be affordable to moderate-income persons and families at the
time of sale, resale, rental or rerental regardless of the availability
of federal, state, county or Township subsidy programs.
The affordability of a low- or moderate-income
unit shall be a function of the rent or sales price which shall be
established so as to ensure that occupants do not pay a sum for shelter
costs greater than approximately 30% of gross annual income for rental
units or approximately 28% of gross annual income for sales units
in accordance with Council on Affordable Housing regulations as follows:
A.
Shelter costs for rental units shall include gross rent, including an allowance for utilities, so as not to exceed 30% of the gross monthly income of the appropriate household size referenced in Subsection D below. Those tenant-paid utilities that are included in the utility allowance shall be so stated in the lease. The allowance for utilities shall be consistent with the utility allowance approved by the U.S. Department of Housing and Urban Development for use in New Jersey. "Utility allowance" means those expenses that are in addition to the base rent, such as heat, electricity and cooking fuel, that are included in the thirty-percent utility allowance as outlined in the lease.
B.
Shelter costs for sales units shall include principal,
interest, taxes, condominium fees and insurance.
C.
The initial price of a low- and moderate-income owner-occupied
single-family housing unit shall be established so that after a down
payment of 5% (based on a mortgage loan equal to 95% of the purchase
price and a market rate of interest), the monthly principal, interest,
homeowner and private mortgage insurances, property taxes (property
taxes shall be based on the restricted value of low- and moderate-income
units) and condominium or homeowner fees do not exceed 28% of the
eligible gross monthly income. Master deeds of inclusionary developments
shall regulate condominium or homeowner association fees or special
assessments of low- and moderate-income purchasers at a specific percentage
of those paid by market purchasers. The percentage that shall be paid
by low- and moderate-income purchasers shall be at least 1/3 of the
condominium or homeowner association fees paid by market purchasers.
Once established within the master deed, the percentage shall not
be amended without prior approval from COAH. Price restrictions for
ownership units shall conform to N.J.A.C. 5:80-26.6, Price Restrictions
for Ownership Units.
D.
Rental and sales costs shall be fixed for a unit depending
on bedroom number calculated on the following basis as to household
size:
E.
Bedroom distribution. The following bedroom distribution
shall apply to the total number of affordable units in each development
providing affordable housing units:
(1)
Inclusionary developments that are not age restricted
shall be structured in conjunction with realistic market demands so
that:
(a)
The combination of efficiency and one-bedroom
units is at least 10% and no greater than 20% of the total low- and
moderate-income units.
(b)
At least 30% of all low- and moderate-income
units are two-bedroom units; and
(c)
At least 20% of all low- and moderate-income
units are three-bedroom units.
(d)
At least 1/3 of all units in each bedroom distribution
pursuant to N.J.A.C. 5:93-7.3 shall be affordable to low-income households.
(e)
In the event the Rules of the Council on Affordable
Housing shall provide for a bedroom mix different than the foregoing,
the requirements of COAH shall control and the foregoing shall be
deemed modified for all projects which have not received final site
plan or subdivision approval.
(2)
Age-restricted low- and moderate-income units may
utilize a modified bedroom distribution. At a minimum, the number
of bedrooms may equal the number of age-restricted low- and moderate-income
units within the exclusionary development. The standard can be met
by creating all one-bedroom units or by creating a two-bedroom unit
for each efficiency unit. Applications to waive this standard shall
be made in accordance with N.J.A.C. 5:93-15, Waiver Provisions.
F.
In the case of owner-occupied housing rehabilitation
assistance, affordability shall be based on unit occupancy by a low-
or moderate-income household.
G.
Median income by household size will be established
by a regional weighted average of the uncapped Section 8 income limits
published by the U.S. Department of Housing and Urban Development
(HUD) in accordance with N.J.A.C. 5:93-7.4(b). To compute this regional
income limit, the HUD determination of median county income for a
family of four is multiplied by the households within the county.
The resulting product for each county within the housing region is
summed. The sum is divided by the estimated total households in each
housing region. This quotient represents the regional weighted average
of median income for a household of four. This regional weighted average
is adjusted by household size based on multipliers used by HUD to
adjust median income by household size. The maximum average rent and
sales price of low- and moderate-income units within each inclusionary
development shall be affordable to households earning no more than
70% of median income in accordance with N.J.A.C. 5:93-7.4(b). Moderate-income
sales units shall be available for at least two different prices and
low-income sales units to be available for at least two different
prices. In averaging the 57.5%, developers and/or municipal sponsors
of rental units may establish one rent for a low-income unit and one
rent for a moderate-income unit for each bedroom distribution.
H.
For initial occupancy, priority shall be given to households that fall within the median income categories delineated in Subsection G above.
I.
Phasing of affordable units.
(1)
Affordable housing units in ML Zoning Districts shall
be built, occupied and receive a certificate of occupancy in accordance
with the following schedule. For purposes of this section, a completed
unit is one which has received its certificate of occupancy.
|
Minimum Percentage of Low- and Moderate-Income
|
Percentage of Market Units Completed
| |
|---|---|---|
|
0
|
25
| |
|
10
|
25 + 1 unit
| |
|
50
|
50
| |
|
75
|
75
| |
|
100
|
100
|
(2)
No initial occupancy of a low- or moderate-income
housing sales unit shall be permitted prior to issuance of a certificate
of occupancy, and no certificate of occupancy for initial occupancy
of a low- or moderate-income housing sales unit shall issue unless
there is a written determination by the authority that the unit is
to be controlled by a deed restriction and mortgage lien as adopted
by COAH.
(3)
A certificate of reoccupancy for any occupancy of
a low- or moderate-income housing sales unit resulting from a resale
shall be required, and the Township shall not issue such certificate
unless there is a written determination by the authority that the
unit is to be controlled by the deed restriction and mortgage lien
required by the COAH.
(4)
The certificate of reoccupancy shall not be required
where there is a written determination by the authority that controls
are allowed to expire or in that the repayment option is being exercised
pursuant to N.J.A.C. 5:93-9.4.
J.
Sale/rental and resale/rerental controls. A developer
of a Mount Laurel development shall incorporate deed restrictions
on all dwelling units sold as units affordable to low- and moderate-income
households pursuant to N.J.A.C. 5:93-9.2, Council on Affordable Housing
Substantive Rules. Affordability controls shall remain in force for
30 years in accordance with N.J.A.C. 5:93-9.2(a), shall run with the
land and shall require all conveyances of newly constructed low- and
moderate-income sales units subject to this chapter and N.J.A.C. 5:91
and 5:93 to contain the deed restriction and mortgage lien requirements
adopted by COAH as contained in N.J.A.C. 5:93 Appendix E and upon
the resale/rerental of affordable units in accordance with N.J.A.C.
5:93-9.4 through 5:93-9.16.
K.
Annual indexed increases while controls are in place:
sales and rentals.
(1)
The price of an owner-occupied housing unit may increase
annually based on the percentage increase in the regional median income
limit for each housing region. In no event shall the maximum resale
price established by the authority be lower than the last recorded
purchase price.
(2)
With the exception of rentals constructed pursuant
to low-income tax credit regulations, the rent of a low- or moderate-income
housing unit may be increased annually based on the percentage increase
in the housing consumer price index for the United States. This increase
shall not exceed 9% in any one year. Rents for units constructed pursuant
to low-income tax credit regulations shall be indexed pursuant to
the regulations governing low-income tax credits.
L.
Assisted living residences as defined in N.J.A.C.
5:93-1.3, Definitions, shall confirm to requirements contained in
N.J.A.C. 5:93-5.16, Assisted Living Residence. Assisted living residences
shall enter into an agreement with the authority and the authority
enter into an agreement with the New Jersey Department of Community
Affairs Housing Mortgage Finance Agency to administer and monitor
the low- and moderate-income apartments in an assisted living residence.
M.
Eligible capital improvements prior to the expiration
of controls: sales units.
(1)
Property owners of single-family owner-occupied housing
may apply to the authority for permission to increase the maximum
price for eligible capital improvements. Eligible capital improvements
shall be those that 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 authority if an increase in the maximum sales price
is sought.
(2)
At resale, all items of property which are permanently
affixed to the units and/or were included when the unit was initially
restricted (for example, refrigerator, range, washer, dryer, dishwasher,
wall-to-wall carpeting) shall be included in the maximum allowable
resale price. Other items of property may be sold to the purchaser
at a reasonable price that has been approved by the authority at the
time of signing the agreement to purchase. The purchase of central
air conditioning installed subsequent to the initial sale of the unit
and not included in the base price may be made a condition of the
unit resale, provided the price has been approved by the authority.
Unless otherwise permitted by COAH, the purchase of any property other
than central air conditioning shall not be made a condition of the
unit resale. The owner and the purchaser must personally certify at
the time of closing that no unapproved transfer of funds for the purpose
of selling and receiving property has taken place at resale.
N.
Exempt sales. Sales exempted from resale/rerental
controls shall include the transfer of ownership between husband and
wife, the transfer of ownership between former spouses ordered as
a result of a judicial decree of divorce or judicial separation but
not including sales to third parties, the transfer of ownership between
family members as a result of inheritance, the transfer of ownership
through an executor's deed to a Class A beneficiary, and the transfer
of ownership by Court order.
O.
Deed restrictions, notice of sale. All deed restrictions
governing low- and moderate-income housing units shall require the
owner to notify the authority and COAH by certified mail of any intent
to sell the unit at least 90 days prior to entering into an agreement
for the first nonexempt sale after controls have been in effect on
the housing unit for the period specified in N.J.A.C. 5:93-9.2.
P.
Subsidy to ensure affordability prior to the expiration
of controls, sales units. If the use of median income data adopted
by COAH to index the cost of housing renders a unit unaffordable to
a low- or moderate-income household at the time of resale, a municipality
shall not lose credit for the housing unit, provided that adequate
controls on affordability remain in place but the municipality may
subsidize the housing unit to maintain affordability.
A.
Low- and moderate-income sales units shall not be
offered to non-income-eligible households at initial sale without
COAH approval. Parties that petition COAH for such approval shall
document efforts to sell housing units to income-eligible households
and shall adhere to the procedures outlined in N.J.A.C. 5:91-12, Subsidy
to Ensure Affordability Prior to Expiration of Controls; Sales Units.
B.
Persons wishing to sell affordable units shall notify the authority responsible for assuring affordability of the intent to sell. If no eligible buyer enters a contract of sale for the unit within 90 days of notification, the authority shall have the option to purchase the unit for a negotiated price that shall not exceed the maximum price permitted based on the regional increase in the median income as defined by the U.S. Department of Housing and Urban Development or other recognized standard adopted by COAH. If the authority does not purchase the unit, the seller may apply for permission to offer the unit to a non-income-eligible household at the maximum price permitted. The seller shall document efforts to sell the unit to an income-eligible household as part of this application. In reviewing the request, the authority shall consider the specific reasons for any delay in selling the housing unit and the hardship to the seller in continuing to offer the affordable unit to an income-eligible applicant. The inability to sell a unit for the maximum permitted resale price shall not, in itself, be considered an appropriate reason for allowing a housing unit to be sold to a non-income-eligible household. If the request is granted the seller may offer a low-income housing unit to a moderate-income household and a moderate-income housing unit to a household earning in excess of 80% of median. In no case shall the seller be permitted to receive more than the maximum price permitted. In no case shall a sale pursuant to this section eliminate the resale controls on the unit or permit any subsequent seller to convey the unit except in full compliance with the terms of this Part 6.
C.
Owners of low- and moderate-income rental units shall
not offer rental units to non-income-eligible households without prior
approval of COAH. Parties that petition for such approval shall document
all efforts to rent to income-eligible households and demonstrate
to the satisfaction of COAH that alternatives, such as a reduction
in rent, is not feasible. Parties that petition COAH shall adhere
to the procedures outlined in N.J.A.C. 5:91-12, Subsidy to Ensure
Affordability Prior to Expiration of Controls; Sales Units.
A.
The authority shall issue written determinations for
the purpose of issuing certificates of occupancy for initial occupancy
or certificates of reoccupancy for low- or moderate-income sales units
the authority finds that the unit is to be controlled by a deed restriction
and mortgage lien as adopted by COAH.
B.
The authority shall not permit the initial occupancy of a low- or moderate-income sales unit prior to issuance of a certificate of occupancy in accordance with Subsection A above.
C.
The authority shall issue written determinations for
the purpose of issuing certificates of reoccupancy for low- or moderate-income
housing sales units where the authority finds that the unit is to
be controlled by a deed restriction and mortgage lien as adopted by
COAH. Purchasers of low- and moderate-income housing sales units shall
execute the deed restriction and mortgage lien prior to issuance of
a certificate of occupancy regardless of whether the sellers had executed
the deed restriction and mortgage lien adopted by COAH upon acquisition
of the property. The authority shall make such determination within
10 days of receipt of a proposed deed restriction and mortgage lien.
D.
The authority shall issue written determinations for
the purpose of issuing certificates of reoccupancy for low- or moderate-income
housing sales units where the authority finds that the unit is sold
and controls are allowed to expire or in which the repayment option
is being exercised pursuant to N.J.A.C. 5:93-9.4.
E.
The mortgage lien and the deed restrictions shall
be filed with the Clerk of Monmouth County. The lien and deed restrictions
shall be in the form adopted by COAH unless amendments have been approved
by COAH.
F.
The deed restrictions, including the repayment clause,
and the mortgage lien shall have priority over all mortgages on the
property except for a first mortgage placed on the property by the
mortgagee prior to the expiration of resale controls.
A.
General regulations. Rights to buy sales units shall
be held and exercised in accordance with the following provisions:
(1)
The deed restrictions governing the deeds of low-
and moderate-income units shall include an option permitting purchase
of the affordable housing unit at the maximum allowable restricted
sales price at the time of the first nonexempt sale after controls
on affordability have been in effect on the unit for the period specified
in N.J.A.C. 5:93-9.4. The option to buy shall be first available to
Wall Township, then the Department of Community Affairs, Housing and
Mortgage Finance Agency, or a qualified nonprofit agency as determined
by COAH.
(2)
All deed restrictions governing low- and moderate-income
units shall require the owner to notify the authority and COAH by
certified mail of any intent to sell the unit at least 90 days prior
to entering into an agreement for the first nonexempt sale after controls
have been in effect on the housing unit for the period specified in
N.J.A.C. 5:93-9.2.
(3)
Upon receipt of such notice, the option to buy the
unit at the maximum allowable restricted sales price shall be available
for 90 days. The authority shall first notify Wall Township, then
the Department of Community Affairs, Housing and Mortgage Finance
Agency, and COAH that the unit is for sale. If Wall Township exercises
this option, it may enter into a contract of sale. If Wall Township
fails to exercise this option within 90 days, the first of the other
entities giving notice to the seller of its intent to purchase during
the ninety-day period shall be entitled to purchase the unit. If the
option to purchase the unit at the maximum allowable restricted sales
price is not exercised by a written offer to purchase the housing
unit within 90 days of receipt of the intent to sell, the owner may
proceed to sell the housing unit. If the owner does not sell the unit
within one year of the date of the delivery of notice of intent to
sell, the option to buy the unit shall be restored, and the owner
shall be required to submit a new notice of intent to sell at least
90 days prior to any future proposed date of sale.
(4)
Any option to buy a housing unit at the maximum allowable
restricted sales price shall be exercised by certified mail and shall
be deemed exercised upon mailing.
B.
Municipal option.
(1)
Wall Township may elect to purchase a low- or moderate-income
unit provided for in N.J.A.C. 5:93-9.4, and 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 30 years, provided the unit is controlled by a deed restriction
in accordance with Technical Appendix E of N.J.A.C. 5:93-1 et seq.
or an alternative approved by COAH; or
(3)
Deposit the price differential in the Wall Township Affordable Housing Trust Fund as set forth in § 140-282, Affordable Housing Trust Fund.
(4)
Money deposited in the Affordable Housing Trust Fund
from such sale may not be expended until the Township submits and
COAH or the Court approves a repayment housing plan. COAH or the Court
may approve the repayment housing plan if it determines that it provides
a realistic opportunity for the creation, rehabilitation or maintenance
of low- and moderate-income housing.
C.
State option. When the Department of Community Affairs
or Housing and Mortgage Finance Agency elects to purchase a low- or
moderate-income unit pursuant to N.J.A.C. 5:93-9.4, it may:
(1)
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 price or rental; or
(2)
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 East Central
Housing Region (Monmouth, Ocean and Mercer Counties).
D.
Nonprofit option.
(1)
Nonprofit agencies may apply to COAH at any time for
the right to purchase low- or moderate-income units subsequent to
the period of controls on affordability, provided the unit remains
controlled by a deed restriction in accordance with Technical Appendix
E in N.J.A.C. 5:93-1 et seq., or an alternative approved by COAH.
(2)
Nonprofit agencies that have been designated by COAH
shall be eligible to purchase low- or moderate-income units pursuant
to N.J.A.C. 5:93-9.4 for the sole purpose of conveying or renting
the housing unit to a low- or moderate-income purchaser or tenant
at a price or rent not to exceed the allowable restricted sales price
or rental. Low-income units shall be made available to low-income
purchasers or tenants and the housing unit shall be regulated by the
deed restrictions and lien adopted by COAH. The term of the controls
on affordability shall be the same as those required by N.J.A.C. 5:93-9.2.
E.
Seller option.
(1)
An eligible seller of a low- or moderate-income unit
which has been controlled for the period established in N.J.A.C. 5:93-9.2,
who has provided notice of an intent to sell may proceed with the
sale if no eligible entity as outlined in N.J.A.C. 5:93-9.4(c) and
N.J.A.C. 5:93-9.7 exercises its option to purchase within 90 days.
(2)
Subject to N.J.A.C. 5:93-9.9, the seller may elect
to:
(a)
Sell to a qualified low- and moderate-income
household at the controlled unit sales price in accordance with existing
COAH regulations, providing the unit is regulated by the deed restrictions
and lien adopted by COAH and included in N.J.A.C. 5:93-1, Technical
Appendix E, for a period of at least 30 years; or
(b)
Exercise the repayment option and sell to any
purchaser at market price, providing that 95% of the price differential
is paid to the authority, as an instrument of Wall Township, at closing.
(3)
If the sale will be to a qualified low- and moderate-income
household, the authority shall certify the income qualifications of
the purchaser and shall ensure the housing unit is regulated by the
deed restrictions and lien required by COAH and included in N.J.A.C.
5:93-1 in Technical Appendix E.
(4)
The authority shall examine any contract of sale containing
a repayment option to determine if the proposed sales price bears
a reasonable relationship to the housing unit's fair market value.
In making this determination, the authority may rely on comparable
sales data or an appraisal. The authority shall not approve any contract
of sale where there is a determination that the sales price does not
bear a reasonable relationship to fair market value. The authority
shall make a determination within 20 days of receipt of the contract
of sale and shall calculate the repayment option payment.
(5)
The authority shall adopt an appeal procedure by which
a seller may submit written documentation requesting the authority
to recompute the repayment obligation if the seller believes an error
has been made or to reconsider a determination that a sales price
does not bear a reasonable relationship to fair market value. A repayment
obligation determination made as a result of an owner's appeal shall
be a final administrative determination of the authority.
(6)
The repayment shall occur at the date of closing and
transfer of title for the first nonexempt transaction after the expiration
of controls on affordability.
(7)
Repayment proceeds shall be deposited in the Wall
Township Affordable Housing Trust Fund. Money deposited in the Wall
Township Affordable Housing Trust Fund trust account from such sale
may not be expended until Wall Township submits and COAH or a Court
approves a repayment housing plan. COAH or a Court may approve the
repayment housing plan if it determines that it provides a realistic
opportunity for the creation, rehabilitation or maintenance of low-
and moderate-income housing.
F.
Township rejection of repayment option; sales units.
(1)
Wall Township shall have the right to determine that
the most desirable means of promoting an adequate supply of low- and
moderate-income housing is to prohibit the exercise of the repayment
option and maintain controls on lower income housing units sold within
the Township beyond the period required by N.J.A.C. 5:93-9.2. Such
determination shall be made by resolution of the Township Committee
and shall be effective upon filing with COAH or a Court and the authority.
The resolution shall specify the time period for which the repayment
option shall not be applicable. During such period, no seller in Wall
Township may utilize the repayment option permitted by N.J.A.C. 5:93-9.8.
(3)
The authority shall ensure that the deed restriction
on all affected housing units reflects the extended period of controls.
G.
Continued application of options to create, rehabilitate
or maintain low- and moderate-income units. When a housing unit has
been maintained as a low- or moderate-income unit after controls have
been in effect for the period specified in N.J.A.C. 5:93-9.2, the
deed restrictions governing the housing units shall allow the Township,
the state, nonprofit agencies and sellers of low- and moderate-income
units to again exercise all the same options as provided in this Part
6.
H.
Impact of foreclosure on resale while controls are
in place; sales units. A judgment of foreclosure or a deed in lieu
of foreclosure to a financial institution regulated by state and/or
federal law or to a lender on the secondary mortgage market (including,
but not limited to, the Federal National Mortgage Association, the
Home Loan Mortgage Corporation, the Government National Mortgage Association
or an entity acting on their behalf) shall extinguish controls on
affordable housing units, provided there is compliance with N.J.A.C.
5:93-2.14. Notice of foreclosure shall allow the authority, the municipality,
the Department of Community Affairs, the Agency or a nonprofit entity
to purchase the affordable housing unit at a negotiated price not
to exceed the maximum permitted sales price and maintain it as an
affordable unit for the balance of the intended period of controls.
Failure to purchase the affordable housing unit shall result in COAH
adding that unit to the municipal present and prospective fair share
obligation. Failure of the financial institution to provide notice
of a foreclosure action to the authority shall not impair any of the
financial institution's rights to recoup loan proceeds, shall not
negate the extinguishment of controls or the validity of the foreclosure
and shall create no cause of action against the financial institution.
I.
Excess proceeds upon foreclosures; sales units. In
the event of a foreclosure sale, the owner of the affordable housing
unit shall be personally obligated to pay to the authority responsible
for assuring affordability, any surplus funds, but only to the extent
that such surplus funds exceed the difference between the sales price
at the time of foreclosure and the amount necessary to redeem the
debt to the financial institution including costs of foreclosure.
J.
Length of controls for rehabilitated, conversion and
accessory apartment housing units.
(1)
Rehabilitated renter-occupied housing units that are
improved to code standard shall be subject to affordability controls
for at least 10 years.
(2)
Newly constructed low- and moderate-income rental
units shall remain affordable to low- and moderate-income households
for a period of 30 years. Affordability controls on rental units may
exceed the prescribed ten-year period if the developer agrees to a
longer period.
(4)
Affordability controls on accessory apartments shall
be for a period of at least 10 years. However, in order to be eligible
for a rental bonus (pursuant to N.J.A.C. 5:93-5.13.) controls on affordability
shall extend for a period of 30 years.
(5)
Alternative living arrangements shall be controlled
in a manner, suitable to COAH, that provides assurances that such
a facility will house low- and moderate-income households for at least
10 years. However, in order to be eligible for a rental bonus (pursuant
to N.J.A.C. 5:93-5.14(d)), controls on affordability shall extend
for a period of 30 years.
The sales and rentals of not more than 25% of
the affordable housing units constructed within ML Zoning Districts
within the Township may be age restricted to senior citizens aged
62 or older as defined by and in accordance with the Federal Fair
Housing Act 42 USC 3601 et seq. and N.J.A.C. 5:93-5.1 and N.J.A.C.
5:93-5.12. A request to age restrict housing units within a ML Zone
District may only be granted after the Planning Board or Board of
Adjustment has received the consent of the Township Committee. In
designing an age-restricted affordable housing project, the applicant
may propose constructing the senior citizen restricted affordable
units in the same building or buildings in order to maximize the potential
of preserving a more tranquil life-style for the senior citizen residents;
and to the foregoing extent, the requirement of integration of the
affordable units with conventional units is modified.
A.
Inclusionary developments that are not age restricted
to senior citizens shall be structured in conjunction with realistic
market demands so that:
(1)
The combination of efficiency and one-bedroom units
is at least 10% and no greater than 20% of the total low- and moderate-income
units;
(2)
At least 30% of all low- and moderate-income units
are two-bedroom units; and
(3)
At least 20% of all low- and moderate-income units
are three-bedroom units.
B.
Low and moderate units restricted to senior citizens
may utilize a modified bedroom distribution in accordance with N.J.A.C.
5:93-7.3, Bedroom Distribution.
C.
In the event the Rules of the Council on Affordable
Housing shall provide for a bedroom mix different than the foregoing,
the requirements of COAH shall control and the foregoing shall be
deemed modified for all projects which have not received final site
plan approval.
Low- and moderate-income inclusionary housing
shall be designed in accordance with the following provisions:
A.
The low- and moderate-income housing units shall be
sited on the tract in locations at least as accessible to common open
space and community facilities as market-priced dwelling units. Rental
units may be concentrated for ownership and management reasons.
B.
The exterior design of the low- and moderate-income
housing units shall be harmonious in scale, texture, and materials
with the market-priced units on the tract.
The authority shall provide for the marketing
of all low- and moderate-income housing units developed pursuant to
the provisions of this Part 6 in accordance with the provisions of
an Affirmative Marketing Plan as described below:
A.
The Affirmative Marketing Plan is a regional marketing
strategy designed to attract buyers and/or renters of all minority
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.
B.
Information. The Affirmative Marketing Plan shall
include the information provided in N.J.A.C. 5:93-11.1(b).
C.
Marketing program. The advertising component of the
marketing program shall be designed to reach all segments of the eligible
population within the East Central Housing Region (Monmouth, Ocean,
and Mercer Counties). It shall be used in advertising and publicizing
the availability of housing in accordance with the marketing program
requirements of N.J.A.C. 5:93-11.3.
(1)
The marketing process for low- and moderate-income
units shall begin at least four months prior to expected occupancy.
(2)
In implementing the marketing program, 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 include the items specified in N.J.A.C. 5:93-11.3(c).
(3)
Applications for low- and moderate-income housing
shall be available in several locations, including, at a minimum,
the municipal administrative building(s), the municipal library and
at the developer's sales office. Applications shall be mailed to prospective
applicants upon request.
(4)
If the cost of advertising low- and moderate-income
units are to be a developer's responsibility, the requirement shall
be a condition of the Township Planning Board or Board of Adjustment
approval.
D.
Marketing for initial sales and/or rental; composition
of marketing pool.
(1)
Households that apply for low- and moderate-income
housing shall be screened by the authority for preliminary income
eligibility by comparing their total income to the low- and moderate-income
limits adopted by COAH. Applicants shall be notified as to their eligibility
status.
(2)
Having screened applicants for preliminary income
eligibility, the authority may analyze the income and household sizes
of applicants to determine which applicants have the assets and/or
income necessary to purchase or rent each available low- or moderate-income
unit.
(3)
The authority shall interview each applicant and utilize
the procedures outlined in N.J.A.C. 5:93-9.1 to verify the applicant's
income and household size; determine the applicant's asset availability;
and review the applicant's credit history. Applicants shall be required
to submit income verification for each household member 18 years or
older. This process shall be utilized in establishing the final certified
applicant group.
(4)
The process described in Subsection D(1) through (3) above may begin no sooner than one month after the advertising program outlined in N.J.A.C. 5:93-11.3 begins. Households shall be selected to proceed through the process described in Subsection D(1) through (3) above through a method of random selection. Households shall be certified for low- and moderate-income units using the procedures outlined in N.J.A.C. 5:93-9.1. The process described in Subsection D(1) through (3) shall be continued until all the low- and moderate-income units are occupied.
E.
Continuing marketing activities.
(1)
The types of activities to be undertaken after the
completion of initial occupancy of sales and rental units in order
to fill vacancies resulting from normal turnover shall include:
(a)
Ensuring a sufficient supply of income-eligible
applicants by continuing to implement the marketing plan throughout
the housing region, as outlined in N.J.A.C. 5:93-11.3. At a minimum,
the municipality shall maintain a current pool of at least five income-eligible
applicants for each low- and moderate-income unit.
(b)
Contacting each income-eligible applicant annually
to request updated information regarding income and family size.
(2)
As units become available, the authority shall select
eligible applicants for the units, as described in N.J.A.C. 5:93-11.4(b)
through (d), until the units are occupied by low- and moderate-income
households.
F.
Monitoring and reporting requirements.
(1)
The Township shall collect information on each applicant
for low- and moderate-income housing on forms approved by COAH.
(2)
The Township shall evaluate the results of its affirmative
marketing activities and file a report with COAH by August 30 of each
year. Such report shall include:
(a)
Monitoring forms approved by COAH;
(b)
An evaluation of the income and demographic
characteristics of each applicant of low- and moderate-income housing,
as well as the occupants of the units; and
(c)
An evaluation of any necessary adjustments in
the affirmative marketing program as a result of the evaluation in
(a) above.
(3)
COAH or the Court shall review and assess the effectiveness
of the Township affirmative marketing program. If it is deemed that
the affirmative marketing program is not effective, the Township shall
be required to amend the program.
A.
Wall Township will provide an occupancy preference
for low- and moderate-income units created within the Township that
responds to the municipal rehabilitation component.
B.
Wall Township will provide an occupancy preference
to low- and moderate-income households that reside or work in the
East Central Housing region (Monmouth, Ocean and Mercer Counties).
Such a preference may apply to all low- and moderate-income units
created within the Township.
