[HISTORY: Adopted by the Mayor and Council of the Borough of Northvale: Art. I, 10-14-1987 as Ord. No. 581-87; Art. II, 6-27-1990 as part of Ord. No. 618-90. Amendments noted where applicable.]
Affordable housing districts — See Ch. 200.
[Adopted 10-14-1987 as Ord. No. 581-87]
The Borough of Northvale desires to participate in the area of operations of the Housing Authority of Bergen County throughout its territorial boundary and the jurisdiction of its Mayor and Council for the purpose of alleviating the shortage of safe and sanitary housing.
The Borough of Northvale does hereby consent to its inclusion in the area of operation of the Housing Authority of Bergen County.
The Borough of Northvale understands that the Housing Authority of Bergen County will not make application for new construction in the Borough of Northvale without the approval of the governing body of the Borough of Northvale.
The Clerk be and is hereby authorized and directed to file a certified copy of this Article with the Commissioner of the State Department of Community Affairs and with the Secretary of the Housing Authority of Bergen County.
[Adopted 6-27-1990 as part of Ord. No. 618-90]
The purpose of this Article is to create the administrative mechanisms needed for the execution of the borough's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.
As used in this Article, the following terms shall have the meanings indicated:
- HOUSING OFFICER
- The employee, consultant, authority or government or other agency charged by the governing body with the responsibility of administering the affordable housing program for the borough.
There is hereby established an Affordable Housing Board, which shall consist of five members appointed by the Mayor with advice and consent of the Council. The members of the Board shall serve without compensation.
The Board shall be composed of one member of the governing body, whose appointment shall be for one year, one member of the Planning Board and one member of the Board of Adjustment, whose appointments shall be for three years or the duration of their terms on such Planning Board, whichever terminates first, and two additional residents of the borough, whose terms shall be for three years each, except that when the Board is initially appointed, one resident member shall be appointed for one year, one member for two years and the third member for three years. Appointments to fill vacancies resulting from resignation or removal from office shall be for the departing member's unexpired term.
The powers of the Affordable Housing Board shall be as follows:
To recommend to the governing body the person or organization to be appointed as Housing Officer and the amount of compensation to be paid to that person or organization.
To recommend to the governing body the adoption of rules and regulations:
To govern the sale or rental of affordable housing units to lower-income persons pursuant to Chapter 200, Zoning, and the Substantive Rules issued by the Council on Affordable Housing.
To assure that the housing units built or rehabilitated for affordable housing will remain available to lower-income households for the appropriate period of time as required by the Substantive Rules issued by the Council on Affordable Housing and pursuant to Chapter 200, Zoning.
To establish eligibility criteria for the households wishing to purchase or rent affordable housing in the borough in accordance with Chapter 200, Zoning, and the Substantive Rules issued by the Council on Affordable Housing.
To establish screening mechanisms to ensure that all affordable housing units are occupied by only lower-income households.
To administer all funds made available to the borough's Housing Fund from developer contributions or from public sources under the direction and oversight of the borough's Chief Financial Officer.
To regulate the resale of affordable housing units so as to allow lower-income households to recoup the value of any improvements to the units while providing for the recapture by the borough of any windfall profits from the resale of the units.
To regulate the calculation of rents and other charges for affordable housing rental units for the purposes of ensuring that affordable housing rental units are rented only to and remain occupied only by lower-income households.
To provide for a fair and equitable disbursal of funds from the Housing Fund, to the extent that such funds are available, for rehabilitation of substandard housing occupied by lower-income households and for such other purposes, including senior citizens housing construction, as may be authorized by the governing body, this task to be accomplished under the direction and oversight of the borough's Chief Financial Officer.
To ascertain the extent and location of substandard housing and, upon authorization by the governing body, to conduct a survey or arrange to have a survey conducted.
To seek out sources of government funding that will assist the borough in meeting its goals of supplying affordable housing as set forth in the adopted Housing Plan Element of the Master Plan and, upon authorization by the governing body, to prepare and submit applications to secure such funding.
To prepare an annual budget for the Affordable Housing Board, including salaries and expenditures incurred in administering exclusive expenditures for rehabilitation. The budget shall be prepared in accordance with proper borough accounting procedures and submitted to the governing body for approval as part of the borough budget.
To recommend to the governing body the disbursement of funds from the Housing Fund, if such funds are available, for rehabilitation of housing and for such other purposes as may be authorized by the governing body.
To recommend to the governing body reasonable fees to be charged to developers of affordable housing units to offset the costs to the borough related to the inspection and monitoring of sales and rentals of affordable housing units, but not related to any salaries or expenditures for such items as housing surveys or preparation of grant applications.
To undertake such other activities as may be authorized by law to carry out the obligations of the borough to assist in providing affordable housing in accordance with the Fair Housing Act of 1985 and the Substantive Rules issued by the Council on Affordable Housing.
To retain legal representation to advise the Affordable Housing Board.
To retain a Board Secretary.
In the absence of the appointment of an Affordable Housing Board, the governing body shall act in its stead.
Establishment of position of Housing Officer. There is hereby established the position of Housing Officer for the borough. The Housing Officer shall be appointed by the governing body and may be a full-time or part-time borough employee, a consultant, an authority or a government or other agency contracted by the borough to perform the duties and functions of the Housing Officer.
Compensation. Compensation shall be fixed by the governing body at the time of the appointment of the Housing Officer, upon recommendation of the Affordable Housing Board.
Powers and duties. It shall be the responsibility of the Housing Officer:
To administer the affordable housing program of the borough in accordance with Chapter 200, Zoning, and the rules and regulations of the Affordable Housing Board.
To maintain waiting lists of households which may be eligible to rent or to purchase affordable dwelling units or to obtain funding from the Housing Fund or from such other government funded programs as may be available to qualified applicants.
To advertise the initial availability of affordable housing units when they become available, which advertising shall be in addition to any advertising done by a developer.
To advertise the availability of funds for housing rehabilitation, if and when such funds are available, or for such other affordable housing programs as may be authorized by the governing body.
To maintain an up-to-date record of all deed-restricted affordable housing units in the borough.
To monitor all transfers of ownership and changes of occupancy of all deed-restricted affordable housing units, to oversee the placement of qualified households in affordable housing units and to enforce the provisions of Chapter 200, Zoning, performing all of the administrative duties and functions outlined therein.
To advise the Planning Board with respect to its approvals of affordable housing units and as to required developer contributions to the Housing Fund.
To maintain detailed records of income to and expenditures from the Housing Fund and accounts for any government grant moneys received.
To perform the administrative functions associated with any government-funded housing rehabilitation, down payment assistance or other affordable housing program, once such program has been funded.
To arrange for inspections of affordable housing units as necessary to carry out the requirements of this Article and the rules and regulations promulgated by the Affordable Housing Board.
To carry out such additional duties as may be required of the Housing Officer by the rules and regulations promulgated by the Affordable Housing Board.