[Added 12-13-2005 by Ord. No. 22-2005]
The purpose of this article is to create the administrative mechanisms needed for the execution of the Borough of Washington'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 charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Borough of Washington.
Establishment of position of Housing Officer. There is hereby established the position of Housing Officer for the Borough of Washington.
Subject to the approval of the Council on Affordable Housing (COAH), the Housing Officer shall be appointed by the Borough Manager and may be a full- or part-time municipal employee.
A Housing Officer shall be responsible for oversight and administration of the affordable housing program for the Borough of Washington and to act as a liaison to any contracting agency for housing services, the developers of low- and moderate-income housing and COAH.
Subject to approval by COAH, the Borough of Washington may contract with or authorize a consultant, authority, government or any agency charged by the governing body with the responsibility of the administering of the affordable housing program of Washington.
Compensation. Compensation shall be fixed by the governing body at the time of the appointment of the Housing Officer.
Powers and duties.
The primary responsibility of the Housing Officer shall be to ensure that the restricted units under administration are sold or rented, as applicable, only to low- and moderate-income households. Among the responsibilities of the Housing Officer are the following:
Conducting an outreach process to ensure affirmative marketing of affordable housing units in accordance with the affirmative marketing plan of the Borough of Washington and the provisions of N.J.A.C. 5:80-26.15;
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;
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;
Employing the random-selection process as provided in the affirmative marketing plan of the Borough of Washington when referring households for certification to affordable units;
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;
Instituting and maintaining an effective means of communicating information between owners and the administrative agent regarding the availability of restricted units for resale or rental;
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;
Reviewing and approving requests from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership;
Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the cost of central air-conditioning systems;
Processing requests and making determinations on requests by owners of restricted units for hardship waivers;
Communicating with lenders regarding foreclosures;
Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10;
Notifying the municipality of an owner's intent to sell a restricted unit;
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the appropriate county's register of deeds or county clerk's office after the termination of the affordability controls for each restricted unit;
Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls;
Providing annual reports to COAH as required; and
Such other responsibilities as may be necessary to carry out the affordable housing program of the Borough of Washington and the provisions of COAH's regulations pursuant to N.J.A.C. 5:94-1.1 et seq., and the Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq.
The Housing Officer shall have authority to take all actions necessary and appropriate to carrying out its responsibilities hereunder.
If the Borough of Washington contracts with another administrative agent to administer all or any part of the affordable housing program, including the affordability controls and affirmative marketing plan, the Housing Officer shall supervise the contracting administrative agent.
If an outside agency is utilized for the oversight and administration of the housing rehabilitation program, no Borough funds shall be utilized to defray the costs associated with the program.
[Added 2-7-2006 by Ord. No. 1-2006]