Township of Ocean, NJ Affordable Housing

Purpose. The purpose of these provisions is to provide a realistic opportunity for the construction of Ocean Township's constitutional obligation to provide for its fair share of affordable housing for households with low and moderate incomes, as directed by the Superior Court, and is consistent with N.J.A.C. 5:93-1 et seq., as amended and supplemented by N.J.A.C. 5:80-26.1 et seq. and N.J.S.A. 52:27D-301 et seq.

Applicability. The provisions of this section shall apply:

To all affordable housing developments and affordable housing units that currently exist within Ocean Township.

To all affordable housing developments and affordable housing units that are proposed to be created pursuant to the Ocean Township Housing Plan Element and Fair Share Plan.

AFFORDABLE HOUSING DEVELOPMENT

To all unanticipated future developments that will provide affordable housing for low- and moderate-income households.

Definitions. The following terms, when used in this section, shall have the following meanings:

ACT

The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).

ADAPTABLE

Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.

ADMINISTRATIVE AGENT

The entity designated by the Township to administer affordable units in accordance with this section, N.J.A.C. 5:93, and UHAC (N.J.A.C. 5:80-26).

AFFIRMATIVE MARKETING

A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.

AFFORDABILITY AVERAGE

The average percentage of median income at which new restricted units in an affordable housing development are affordable to low- and moderate-income households.

AFFORDABLE

A sales price or rent level that is within the means of a low- or moderate-income household as defined within N.J.A.C. 5:93-7.4, and, in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.

A development included in or approved pursuant to the Housing Element and Fair Share Plan or otherwise intended to address the Township's fair share obligation, and includes, but is not limited to, an inclusionary development, a municipal construction project or a one-hundred-percent affordable housing development.

AFFORDABLE HOUSING PROGRAM(S)

Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.

AFFORDABLE UNIT

A housing unit proposed or created pursuant to the Act and approved for crediting by COAH, its successor entity, or the court and/or funded through an affordable housing trust fund.

AGE-RESTRICTED UNIT

A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that:

All the residents of the development wherein the unit is situated are 62 years of age or older; or

At least 80% of the units are occupied by one person who is 55 years of age or older; or

ALTERNATIVE LIVING ARRANGEMENT

The development has been designated by the Secretary of the United States Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.

AGENCY

The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).

A structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangements include but are not limited to transitional facilities for the homeless; Class A, B, C, D and E boarding homes as regulated by the DCA; residential health care facilities as regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements.

ASSISTED LIVING RESIDENCE

A facility that is licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.

CERTIFIED HOUSEHOLD

A household that has been certified by an administrative agent as a low-income household or moderate-income household.

COAH

The Committee on Affordable Housing, as established by the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.) or its successor entity.

DCA

The State of New Jersey Department of Community Affairs.

DEFICIENT HOUSING UNIT

A housing unit with health and safety code violations that requires the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load-bearing structural systems.

DEVELOPER

Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land included in a proposed development including the holder of an option to contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.

DEVELOPMENT FEE

Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.

EQUALIZED ASSESSED VALUE

The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated.

INCLUSIONARY DEVELOPMENT

A development containing both affordable units and market rate units. This term includes but is not limited to new construction, the conversion of a nonresidential structure to residential use and the creation of new affordable units through the gut rehabilitation or reconstruction of a vacant residential structure.

LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 50% or less of the median household income.

LOW-INCOME UNIT

A restricted unit that is affordable to a low-income household.

MAJOR SYSTEM

The primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include but are not limited to weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and load-bearing structural systems.

MARKET-RATE UNITS

Housing not restricted to low- and moderate-income households that may sell or rent at any price.

MEDIAN INCOME

The median income by household size for the applicable housing region, as adopted annually by COAH or a successor entity approved by the court.

MODERATE-INCOME HOUSEHOLD

A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.

MODERATE-INCOME UNIT

A restricted unit that is affordable to a moderate-income household.

MULTIFAMILY RESIDENTIAL DEVELOPMENT

A residential development that is located in buildings that contain five or more dwelling units, including, but not limited to, dwelling units that are located one over another, garden apartments, townhouse developments, multistory apartment or condominium buildings, and mixed-use developments containing a combination of nonresidential and residential uses.

NONEXEMPT SALE

Any sale or transfer of ownership other than 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.

RANDOM SELECTION PROCESS

A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).

REGIONAL ASSET LIMIT

The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by duly adopted regional income limits published annually by COAH or a successor entity.

REHABILITATION

The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.

RENT

The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.

RESTRICTED UNIT

A dwelling unit, whether a rental unit or an ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.

UHAC

The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26 et seq.

VERY LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 30% or less of the median household income for the applicable housing region.

VERY LOW-INCOME UNIT

A restricted unit that is affordable to a very low-income household.

WEATHERIZATION

Building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for purposes of a rehabilitation program.

Certificates of occupancy. Certificates of occupancy for developments which include affordable housing units shall be subject to the following additional provisions:

Phasing schedule for inclusionary development. Affordable housing units shall be built, occupied and receive certificates of occupancy in accordance with the following schedule:

	Maximum Percentage of Market-Rate Units Completed	Minimum Percentage of Low- and Moderate-Income Units Completed
	25	0
	25+1	10
	50	50
	75	75
	90	100

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 administrative agent that the unit is to be controlled by a deed restriction and mortgage lien as adopted by COAH or successor entity.

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 administrative agent that the unit is to be controlled by the deed restriction and mortgage lien required by COAH or successor entity.

The certificate of reoccupancy shall not be required where there is a written determination by the administrative agent that controls are allowed to expire or that the repayment option is being exercised pursuant to N.J.A.C. 5:92-12.3.

Administration.

Municipal housing liaison.

Ocean Township shall appoint a specific municipal employee to serve as a municipal housing liaison responsible for administering the affordable housing program, including affordability controls, the Ocean Township Affirmative Marketing Plan, monitoring and reporting, and, where applicable, supervising any contracted administrative agent. Ocean Township shall adopt an ordinance creating the position of municipal housing liaison. Ocean Township shall adopt a resolution appointing a municipal housing liaison. The municipal housing liaison shall be appointed by the governing body and may be a full- or part-time municipal employee. The municipal housing liaison shall be approved by COAH, its successor entity, or the court and shall be duly qualified through a training program sponsored by Affordable Housing Professionals of New Jersey before assuming the duties of municipal housing liaison.

The municipal housing liaison shall be responsible for oversight and administration of the affordable housing program for Ocean Township, including the following responsibilities which may not be contracted out to the administrative agent:

Serving as Ocean Township's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents and interested households;

Monitoring the status of all restricted units in Ocean Township's Fair Share Plan;

Compiling, verifying and submitting annual monitoring reports as may be required by COAH, its successor entity, or the court;

Coordinating meetings with affordable housing providers and administrative agents, as needed; and

Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing at least annually and more often as needed.

Subject to the approval of COAH, its successor entity, or the court, Ocean Township shall designate one or more administrative agent(s) to administer newly constructed affordable units in accordance with the UHAC. An operating manual for each affordable housing program shall be provided by the administrative agent(s) to be adopted by resolution of the governing body and subject to approval of COAH, its successor entity, or the court. The operating manual(s) shall be available for public inspection in the office of the Township Clerk, in the office of the municipal housing liaison, and in the office(s) of the administrative agent(s). The municipal housing liaison shall supervise the contracting administrative agent(s).

Administrative agent.

The administrative agent shall be an independent entity serving under contract and reporting to the municipality. The fees of the administrative agent shall be paid by the owners of the affordable units for which the services of the administrative agent are required. The administrative agent shall perform the duties and responsibilities of an administrative agent as set forth in the UHAC, including those set forth in Sections 5:80-26.14, 16 and 18 thereof, which include:

Affirmative marketing:

Conducting an outreach process to affirmatively market affordable housing units in accordance with the Ocean Township Affirmative Marketing Plan and the provisions of N.J.A.C. 5:80-26.15; and

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.

Household certification:

Soliciting, scheduling, conducting and following up on interviews with interested households;

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;

Providing written notification to each applicant as to the determination of eligibility or noneligibility;

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.;

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

Employing a random selection process as provided in the Ocean Township Affirmative Marketing Plan when referring households for certification to affordable units.

Affordability controls:

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;

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;

Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the Ocean County Register of Deeds or Ocean County Clerk's office after the termination of the affordability controls for each restricted unit;

Communicating with lenders regarding foreclosures; and

Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.

Resales and Rerentals:

Instituting and maintaining an effective means of communicating information between owners and the administrative agent regarding the availability of restricted units for resale or rerental; and

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.

Processing requests from unit owners:

Reviewing and approving requests for determination from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership that the amount of indebtedness to be incurred will not violate the terms of this section;

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 depreciated cost of central air-conditioning systems;

Notifying the municipality of an owner's intent to sell a restricted unit; and

Making determinations on requests by owners of restricted units for hardship waivers.

[6]

Enforcement:

Securing annually from the municipality a list 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;

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;

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 or other charges can be made;

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;

Establishing a program for diverting unlawful rent payments to the municipality's Affordable Housing Trust Fund; and

Creating and publishing a written operating manual for each affordable housing program administered by the administrative agent, to be approved by the Township Committee and COAH, its successor entity, or the court, setting forth procedures for administering the affordability controls.

[7]

Additional responsibilities:

The administrative agent shall have the authority to take all actions necessary and appropriate to carry out its responsibilities hereunder;

The administrative agent shall prepare monitoring reports for submission to the municipal housing liaison in time to meet any monitoring requirements and deadlines imposed by COAH, its successor entity, or the court; and

The administrative agent shall attend continuing education sessions on affordability controls, compliance monitoring, and affirmative marketing at least annually and more often as needed.

Affirmative marketing requirements.

Ocean Township shall adopt by resolution an Affirmative Marketing Plan, subject to approval of COAH, its successor entity, or the court, that is compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented.

The Affirmative Marketing Plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units that are being marketed by a developer, sponsor or owner of affordable housing. The Affirmative Marketing Plan is intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs marketing activities toward Housing Region 4 and is required to be followed throughout the period of restriction.

The Affirmative Marketing Plan shall provide a regional preference for all households that live and/or work in Housing Region 4.

The municipality has the ultimate responsibility for adopting the Affirmative Marketing Plan and for the proper administration of the Affirmative Marketing Program, including initial sales and rentals and resales and rerentals. The administrative agent designated by the Township shall implement the Affirmative Marketing Plan to assure the affirmative marketing of all affordable units.

(e)

In implementing the Affirmative Marketing Plan, the administrative agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.

(f)

The Affirmative Marketing Plan shall describe the media to be used in advertising and publicizing the availability of housing. In implementing the Affirmative Marketing Plan, the administrative agent shall consider the use of language translations where appropriate.

(g)

The affirmative marketing process for available affordable units shall begin at least four months (i.e., 120 days) prior to the expected date of occupancy.

(h)

Applications for affordable housing shall be available in several locations, including, at a minimum, the county administration building and the county library for each county within the housing region; the Ocean Township municipal building and the Ocean Public Library; and the developer's rental office. Applications shall be mailed to prospective applicants upon request.

(i)

The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner.

Occupancy standards.

In referring certified households to specific restricted units, the administrative agent shall, to the extent feasible and without causing an undue delay in the occupancy of a unit, strive to:

Provide an occupant for each bedroom;

Provide children of different sexes with separate bedrooms;

Provide separate bedrooms for parents and children; and

Prevent more than two persons from occupying a single bedroom.

(5)

Control periods for restricted ownership units and enforcement mechanisms.

Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each restricted ownership unit shall remain subject to the requirements of this section for a period of at least 30 years, until Ocean Township takes action to release the unit from such requirements; prior to such action, a restricted ownership unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.

The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.

Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the administrative agent shall determine the restricted price for the unit and shall also determine the non-restricted, fair market value of the unit based on either an appraisal or the unit's equalized assessed value without the restrictions in place.

At the time of the initial sale of the unit, the initial purchaser shall execute and deliver to the administrative agent a recapture note obligating the purchaser (as well as the purchaser's heirs, successors and assigns) to repay, upon the first nonexempt sale after the unit's release from the restrictions set forth in this section, an amount equal to the difference between the unit's nonrestricted fair market value and its restricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.

(e)

The affordability controls set forth in this section shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.

(f)

A restricted ownership unit shall be required to obtain a continuing certificate of occupancy or a certified statement from the construction official stating that the unit meets all code standards upon the first transfer of title following the removal of the restrictions provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.

(6)

Price restrictions for restricted ownership units, homeowner association fees and resale prices.

Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:

The initial purchase price for a restricted ownership unit shall be approved by the administrative agent;

The administrative agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards;

The master deeds of inclusionary developments shall provide no distinction between the condominium or homeowner association fees and special assessments paid by low- and moderate-income purchasers and those paid by market purchasers; and

The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of anticipated capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom.

(7)

Buyer income eligibility.

Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for households with a gross household income less than 80% of median income.

Notwithstanding the foregoing, however, the administrative agent may, upon approval by the Township Committee, and subject to the court's approval, permit moderate-income purchasers to buy low-income units in housing markets if the administrative agent determines that there is an insufficient number of eligible low-income purchasers to permit prompt occupancy of the units. All such low-income units to be sold to moderate-income households shall retain the required pricing and pricing restrictions for low-income units.

A certified household that purchases a restricted ownership unit must occupy it as the certified household's principal residence and shall not lease the unit; provided, however, that the administrative agent may permit the owner of a restricted ownership unit, upon application and a showing of hardship, to lease the restricted unit to another certified household for a period not to exceed one year.

The administrative agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 33% of the household's eligible monthly income.

(8)

Limitations on indebtedness secured by ownership unit, subordination.

Prior to incurring any indebtedness to be secured by a restricted ownership unit, the owner shall apply to the administrative agent for a determination in writing that the proposed indebtedness complies with the provisions of this section, and the administrative agent shall issue such determination prior to the owner incurring such indebtedness.

With the exception of first purchase money mortgages, neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of the unit, as such price is determined by the administrative agent in accordance with N.J.A.C. 5:80-26.6(b).

(9)

Capital improvements to ownership units.

The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of capital improvements made since the purchase of the unit. Eligible capital improvements shall be those that render the unit suitable for a larger household or that add an additional bathroom. In no event shall the maximum sales price of an improved housing unit exceed the limits of affordability for the larger household.

Upon the resale of a restricted ownership unit, all items of property that are permanently affixed to the unit or were included when the unit was initially restricted (e.g., refrigerator, range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be included in the maximum allowable resale price. Other items may be sold to the purchaser at a reasonable price that has been approved by the administrative agent at the time of the signing of 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 that the price, which shall be subject to ten-year, straight-line depreciation, has been approved by the administrative agent. Unless otherwise approved by the administrative agent, 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 the time of or as a condition of resale.

(10)

Control periods for restricted rental units.

Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and each restricted rental unit shall remain subject to the requirements of this section for a period of at least 30 years, until Ocean Township takes action to release the unit from such requirements. Prior to such action, a restricted rental unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.

Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the records office of Ocean County. A copy of the filed document shall be provided to the administrative agent within 30 days of the receipt of a certificate of occupancy.

A restricted rental unit shall remain subject to the affordability controls of this section despite the occurrence of any of the following events:

Sublease or assignment of the lease of the unit;

Sale or other voluntary transfer of the ownership of the unit; or

The entry and enforcement of any judgment of foreclosure on the property containing the unit.

(11)

Rent restrictions for rental units, leases.

A written lease shall be required for all restricted rental units and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the administrative agent.

No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the administrative agent.

Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit and shall be payable to the administrative agent to be applied to the costs of administering the controls applicable to the unit as set forth in this section.

No rent control ordinance or other pricing restriction shall be applicable to either the market units or the affordable units in any development in which at least 15% of the total number of dwelling units are restricted rental units in compliance with this section.

(12)

Tenant income eligibility.

Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined, as follows:

Very low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of median income;

Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income; and

Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income.

The administrative agent shall certify a household as eligible for a restricted rental unit when the household is a very low-income household, low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:

The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;

The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;

The household is currently in substandard or overcrowded living conditions;

The household documents the existence of assets with which the household proposes to supplement the rent payments; or

The household documents reliable anticipated third-party assistance from an outside source such as a family member in a form acceptable to the administrative agent and the owner of the unit.

The applicant shall file documentation sufficient to establish the existence of the circumstances enumerated in this subsection with the administrative agent, who shall counsel the household on budgeting.

(13)

Maximum rents and sales prices.

In establishing rents and sales prices of affordable housing units, the administrative agent shall follow the procedures set forth in UHAC, utilizing the regional income limits established by COAH or a successor entity.

The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than 60% of median income, and the average rent for restricted rental units shall be affordable to households earning no more than 52% of median income.

The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units, provided that at least 10% of all low- and moderate-income rental units shall be affordable to very low-income households, earning 30% or less of the regional median household income.

The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70% of median income, and each affordable development must achieve an affordability average of 55% for restricted ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three different sales prices for each bedroom type, and low-income ownership units must be available for at least two different sales prices for each bedroom type.

(e)

In determining the initial sales prices and rent levels for compliance with the affordability average requirements for restricted units other than assisted living facilities and age-restricted developments, the following standards shall be used:

A studio shall be affordable to a one-person household;

A one-bedroom unit shall be affordable to a one-and-one-half-person household;

A two-bedroom unit shall be affordable to a three-person household;

A three-bedroom unit shall be affordable to a four-and-one-half-person household; and

A four-bedroom unit shall be affordable to a six-person household.

(f)

In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units in assisted living facilities and age-restricted developments, the following standards shall be used:

A studio shall be affordable to a one-person household;

A one-bedroom unit shall be affordable to a one-and-one-half-person household; and

A two-bedroom unit shall be affordable to a two-person household or to two one-person households.

(g)

The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 28% of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.

(h)

The initial rent for a restricted rental unit shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate size household, including an allowance for tenant-paid utilities, as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.

(i)

The price of owner-occupied low- and moderate-income units 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 administrative agent be lower than the last recorded purchase price.

(j)

The rent of low- and moderate-income units may be increased annually based on the permitted 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 housing tax credit regulations shall be indexed pursuant to the regulations governing low-income housing tax credits.

Requirements for affordable housing. Developments which include affordable housing units shall be subject to the following provisions:

Low-income housing. Low-income housing shall be affordable, according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the housing is located, and subject to affordability controls.

Moderate-income housing. Moderate-income housing shall be affordable, according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income equal to or more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the housing is located, and subject to affordability controls.

In accordance with N.J.S.A. 52:27D-329.1 (P.L. 2008, c. 46), at least 13% of the affordable units provided within the Township shall be reserved for very-low-income households, i.e., households earning 30% or less of the median income and of that amount at least 50% shall be reserved for very-low-income families (i.e., non-age-restricted and not reserved for special needs populations). For developments with eight or more affordable housing units on site, at least 13% of all low- and moderate-income units shall be affordable to households earning no more than 30% of median income. A minimum of 50% of these units shall be reserved for very-low-income families.

Age restriction. The sales and rentals of not more than 25% of the affordable housing units constructed within the Township may be age restricted to senior citizens as defined by and in accordance with the Federal Fair Housing Act and as regulated by N.J.A.C. 5:92-14, provided that no more than 25% of the total affordable housing units constructed within the Township shall be age restricted. A request to age restrict housing units may only be granted after the Planning Board or Board of Adjustment has received the consent of the Township Committee. In designing its 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 lifestyle for the senior citizen resident; and to the foregoing extent, the requirement of integration of the affordable units with conventional units is modified.

(5)

Low/moderate split and/bedroom distribution of affordable housing units.

The fair share obligation shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit.

In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units.

Affordable developments that are not age restricted shall be structured in conjunction with realistic market demands such that:

The combined number of efficiency and one-bedroom units is no greater than 20% of the total low- and moderate-income units;

At least 30% of all low- and moderate-income units are two-bedroom units;

At least 20% of all low- and moderate-income units are three-bedroom units; and

The remainder, if any, may be allocated at the discretion of the developer.

Affordable developments that are age restricted shall be structured such that the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the inclusionary development. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.

(6)

Location and design. Low- and moderate-income housing shall be designed in accordance with the following provisions:

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 unit reasons.

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.

Deed restrictions. Developers of housing units for low- and moderate-income households shall enter into a written agreement, binding on all successors-in-interest, in accordance with current COAH regulations or court requirements for resale/rental control, at the time of sale, resale, rental or rerental regardless of the availability of federal, state, county or Township subsidy programs.

In inclusionary developments, to the extent possible, low- and moderate-income units shall be integrated with the market units.

(7)

Utilities.

Affordable units shall utilize the same type of heating source as market units within an inclusionary development.

Tenant-paid utilities included in the utility allowance shall be set forth in the lease and shall be consistent with the utility allowance approved by the DCA for its Section 8 program.

(8)

Accessibility requirements.

The first floor of all restricted townhouse dwelling units and all restricted units in all other multistory buildings shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7, and the following:

All restricted townhouse dwelling units and all restricted units in other multistory buildings in which a restricted dwelling unit is attached to at least one other dwelling unit shall have the following features:

An adaptable toilet and bathing facility on the first floor;

An adaptable kitchen on the first floor;

An interior accessible route of travel on the first floor;

An adaptable room that can be used as a bedroom, with a door, or the casing for the installation of a door, on the first floor;

If not all of the foregoing requirements in this paragraph can be satisfied, then an interior accessible route of travel must be provided between stories within an individual unit, but if all of the foregoing requirements in this paragraph have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; and

An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that Ocean Township has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:

[i]

Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.

[ii]

To this end, the builder of restricted units shall deposit funds within the Ocean Township Affordable Housing Trust Fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.

[iii]

The funds deposited under the terms of this paragraph shall be used by Ocean Township for the sole purpose of making the adaptable entrance of an affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.

[iv]

The developer of the restricted units shall submit a design plan and cost estimate to the Construction Official of Ocean Township for the conversion of adaptable to accessible entrances.

[v]

Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Ocean Township Affordable Housing Trust Fund.

Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is "site impracticable" to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.

Alternative living arrangements.

The administration of an alternative living arrangement shall be in compliance with N.J.A.C. 5:93-5.8 and the UHAC, with the following exceptions.

Affirmative marketing (N.J.A.C. 5:80-26.15); provided, however, that the units or bedrooms may be affirmatively marketed by the provider in accordance with an alternative plan approved by the court;

Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).

With the exception of units established with capital funding through a twenty-year operating contract with the Department of Human Services, Division of Developmental Disabilities, alternative living arrangements shall have at least thirty-year controls on affordability in accordance with the UHAC, unless an alternative commitment is approved by the court.

The service provider for the alternative living arrangement shall act as the administrative agent for the purposes of administering the affirmative marketing and affordability requirements for the alternative living arrangement.

Enforcement of affordable housing regulations.

Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, a requirement for household recertification, acceleration of all sums due under a mortgage, recuperation of any funds from a sale in violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.

After providing written notice of a violation to an owner, developer or tenant of a low- or moderate-income unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action(s) against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:

The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation or violations of the regulations governing the affordable housing unit. If the owner, developer or tenant is adjudged by the court to have violated any provision of the regulations governing affordable housing units, the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the court:

A fine of not more than $500 per day or imprisonment for a period not to exceed 90 days, or both, provided that each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not a continuation of the initial offense;

In the case of an owner who has rented a low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Ocean Township Affordable Housing Trust Fund of the gross amount of rent illegally collected;

In the case of an owner who has rented a low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the court.

The municipality may file a court action in the Superior Court seeking a judgment that would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any such judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low- or moderate-income unit.

The judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the low- and moderate-income unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have his right to possession terminated as well as his title conveyed pursuant to the Sheriff's sale.

The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for the full extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality.

Foreclosure by the municipality due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.

If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the municipality may acquire title to the low- and moderate-income unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.

Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- and moderate-income unit as permitted by the regulations governing affordable housing units.

[6]

The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.

Appeals. Appeals from all decisions of an administrative agent appointed pursuant to this section shall be filed in writing with the court.

Editor's Note: This section also repealed former § 410-182, Affirmative marketing of affordable housing units added by Ord. No. 2007-30.

§ 410-183 Supplemental requirements for affordable housing in multifamily residential developments.

[Added 3-30-2017 by Ord. No. 2017-3[1]]

Purpose. The purpose of these provisions is to implement a mechanism for determining the requirements for affordable housing in multifamily development in accordance with the Ocean Township Housing Plan Element and Fair Share Plan.[2]

Editor's Note: The Ocean Township Housing Plan Element and Fair Share Plan is on file in the Township offices.

Applicability. These requirements shall apply to all approvals for multifamily residential development with a total of at least five units and a density of at least six units per acre granted by the Ocean Township Planning Board or Zoning Board of Adjustment, including approvals of variances granted pursuant to N.J.S.A. 40:55D-70d, site plans, or subdivisions; redevelopment or rehabilitation projects subject to a redevelopment plan adopted by the Township Committee that governs the development and redevelopment of designated areas in need of rehabilitation or areas in need of redevelopment in the Township; rezoning approvals; and substantial revisions to previously approved developments. A substantial revision to a development approval shall, for the purposes of these affordable housing regulations, be any revision that increases the number of residential units by five or more units.

Definition of multifamily. For the purposes of this section, "multifamily residential development" shall mean residential development that is located within buildings that contain five or more dwelling units, including, but not limited to, dwelling units that are located one over another, garden apartments, townhouse developments, multistory apartment or condominium buildings, and mixed-use developments containing a combination of nonresidential and residential uses.

Set-aside requirements for multifamily development. All development approvals for multifamily residential development shall provide an affordable set-aside of 15% of the residential units in the development when rental units are developed; and 20% of the residential units in the development when for-sale units are developed.

When another provision of the Ocean Township Municipal Code or a redevelopment plan adopted by the Ocean Township Committee requires a higher set-aside than 15% for multifamily rental development and 20% for multifamily for-sale development, the higher provision shall apply.

When the application of the set-aside requirement for rental or for-sale units results in a set-aside requirement that is not a whole number, the set-aside requirement shall be rounded up to the next whole number.

At the developer's option, or per the terms of a developer or redeveloper agreement with the Township, the developer may provide an affordable housing set-aside of greater than 15% for rental units and 20% when for-sale units are developed.

A developer of a multifamily residential development may provide a payment-in-lieu-of-construction to fund the construction of affordable housing on another site within the Township, in lieu of providing those units on-site, up to a maximum of 2/3 of the required fifteen-percent set-aside for rental units; and 1/2 of the required twenty-percent set-aside when for-sale units are developed.

The ability to provide a payment-in-lieu-of-construction to fund the construction of a portion of the required set-aside on another site within the Township and the specific ratio of the units provided on-site, or by a payment-in-lieu-of-construction, shall be determined by the application of the point-based system for determining on-site requirements, as detailed in this section.

Developers of sites listed in the Housing Plan Element and Fair Share Plan shall provide the entirety of the required set-aside on site, and shall not be eligible for a payment-in-lieu-of-construction, except as may be specified in any developer or redeveloper agreement executed prior to the adoption of this section.

(5)

Point-based system for determining on-site affordable housing requirements and eligible payments-in-lieu-of-construction. A developer's ability to provide a payment-in-lieu-of-construction to fund the construction of affordable housing on another site within the Township, rather than provide such units on site, shall be determined by means of the point-based system for determining on-site requirements. The following provisions shall regulate the point-based system for determining on-site requirements:

Site-specific determination of accumulated point values. The Township shall be responsible for determining the specific number of points allocated to a site or development through the application of the point-based system for determining on-site requirements according to the methodology presented in this section. The Township may refer the calculation of the allocated points to its professional staff or to an outside consultant. The Township shall provide the site-specific point total to the Ocean Township Planning Board or Ocean Township Zoning Board, as applicable, as part of the relevant board's review of an application for multifamily residential development. The Township shall verify and approve all calculations of total points according to the methodology presented in this section.

Methodology for calculating accumulated points. Accumulated points shall be calculated in accordance with the following provisions:

Points shall be accumulated based on the proximity of a particular development site to bus stops, schools, parks and open space, emergency service stations (e.g., police, fire and EMS station), and the US Route 9 and Ocean County Route 532 corridors; and the location of a particular development site in relation to the Waretown Town Center and the "Coastal A" flood hazard area. In every application of the point-based system for determining on-site requirements, all of the following point criteria shall be assessed:

Bus stop within 1/4 mile of development site: 1.0 point. For points to be awarded for more than one bus stop, service on more than one route or in more than one direction must be provided.

Bus stop within 1/2 mile of development site: 0.5 point. For points to be awarded for more than one bus stop, service on more than one route or in more than one direction must be provided.

Public park, open space area, or other recreational facility within 1/2 mile of development site: 1.0 point.

Public school within 1/2 mile of development site: 1.0 point.

Public school within 1/4 mile of development site: 1.5 points.

Any portion of development site within 1/4 mile from US Route 9: 1.0 point.

[g]

Any portion of development site within 1/2 mile from Ocean County Route 532: 0.5 point.

[h]

Site located within Waretown Town Center: 4.0 points.

[i]

Site located within 1/2 mile of an emergency services station (e.g., police, fire, EMS): 0.5 point.

[j]

Site located within "Coastal A" flood hazard area: loss of 1.00 point (i.e., - 1.00 point).

[k]

Notwithstanding the above, sites that are situated in one or more of the following areas shall have no (i.e., zero) accumulated points: outside of a sewer service area; within a "Velocity Zone" flood hazard area; any single-family residential district; any portion of the Township located to the west of the Garden State Parkway that is subject to the Pinelands Comprehensive Plan.

The proximity of a development site to a particular feature shall be performed by means of geographic information systems (GIS) software, computer-aided design (CAD) software, or similar tools.

The distances from bus stops, schools, parks, open space areas, and recreational facilities that are provided in this section represent distances from the development site, and must be safely walkable or accessible by bicycle or another means of nonmotorized transportation. As such, proximity analyses that simply measure the area within a radius of the development site's boundary or center are unacceptable. Proximity shall be measured along suitable transportation routes (e.g., sidewalks, bicycle-suitable roadways, multipurpose trails) that extend in all directions from a site.

The distances from US Route 9, Ocean County Route 532, and emergency service stations that are provided in this section represent distances from the development site, and must be able to be driven on one or more public improved roadways. As such, proximity analyses that simply measure the area within a radius of the development site's boundary or center are unacceptable. Proximity to US Route 9, Ocean County Route 532, and emergency service stations shall be measured along public improved roadways that extend in all directions from a site.

The sum of accumulated points shall be rounded to the nearest half-point. The sum of accumulated points is used to determine set-aside requirements in accordance with this section.

Accumulated points and set-aside requirements for multifamily rental developments. The sum of accumulated points for a particular development site is rounded to the nearest half-point and used to determine the minimum on-site set-aside requirement and the maximum permissible off-site set-aside, which shall be provided in the form of payments-in-lieu-of-construction in accordance with this section. The total of the on-site set-aside and off-site set-aside provided by payments-in-lieu-of-construction shall equal 15% of the total number of units in the development, rounded up to next whole number. Permissible on-site and off-site set-asides are described below:

Zero points:

On-site set-aside: 5% of total number of units in development, rounded up to next whole number.