[HISTORY. Adopted by the Township Committee of the Township of Harmony 7-17-1990
by Ord. No. 0:90-13.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Affordable Housing Zone — See Ch. 165.
[1]
Editor's Note: This ordinance supersedes former Ch. 4, Affordable
Housing, adopted 10-4-1988 by Ord. No. 0:88-15.
[Amended 6-7-2007 by Ord. No. 07-9[1]]
[1]
Editor's Note: This ordinance deleted former Art. I, General
Provisions, Art. II, Affordable Housing Board, and Art. IV, Housing Officer.
The purpose of this article is to create the administrative mechanisms
needed for the execution of the Township of Harmony's responsibility
to assist in the provision of affordable housing pursuant to the Fair Housing
Act of 1985.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
As used in this article, the following terms shall have the meanings
indicated:
- ADMINISTRATIVE AGENT
- The entity responsible for administering the affordability controls of some or all units in the affordable housing program for the Township of Harmony to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.
- MUNICIPAL HOUSING LIAISON
- The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Township of Harmony.
A.
Establishment of position of Municipal Housing Liaison.
There is hereby established the position of Municipal Housing Liaison for
the Township of Harmony.
B.
Subject to the approval of the Council on Affordable
Housing (COAH), the Municipal Housing Liaison shall be appointed by the Township
Committee and may be a full- or part-time municipal employee.
C.
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Township of Harmony, including the following responsibilities which may not be contracted out, exclusive of Subsection C(6) which may be contracted out:
(1)
Serving as the Township of Harmony's primary point
of contact for all inquiries from the state, affordable housing providers,
administrative agents, and interested households;
(2)
Monitoring the status of all restricted units in the
Township of Harmony's Fair Share Plan;
(3)
Compiling, verifying, and submitting annual reports as
required by COAH;
(4)
Coordinating meetings with affordable housing providers
and administrative agents, as applicable;
(5)
Attending continuing education opportunities on affordability
controls, compliance monitoring, and affirmative marketing as offered or approved
by COAH;
D.
Subject to approval by COAH, the Township of Harmony may contract with or authorize a consultant, authority, government or any agency charged by the governing body, which entity shall have the responsibility of administering the affordable housing program of the Township of Harmony, except for those responsibilities which may not be contracted out pursuant to Subsection C above. If the Township of Harmony contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and Affirmative Marketing Plan, the Municipal Housing Liaison shall supervise the contracting administrative agent.
E.
Compensation. Compensation shall be fixed by the governing
body at the time of the appointment of the Municipal Housing Liaison.
F.
Administrative powers and duties assigned to the Municipal
Housing Liaison.
(1)
Affordability controls.
(a)
Furnishing to attorneys or closing agents forms of deed
restrictions and mortgages for recording at the time of conveyance of title
of each restricted unit;
(b)
Creating and maintaining a file on each restricted unit
for its control period, including the recorded deed with restrictions, recorded
mortgage and note, as appropriate;
(c)
Ensuring that the removal of the deed restrictions and
cancellation of the mortgage note are effectuated and properly filed with
the appropriate county's register of deeds or county clerk's office
after the termination of the affordability controls for each restricted unit;
(d)
Communicating with lenders regarding foreclosures; and
(e)
Ensuring the issuance of continuing certificates of occupancy
or certifications pursuant to N.J.A.C. 5:80-26.10.
(2)
Resale and rental.
(a)
Instituting and maintaining an effective means of communicating
information between owners and the administrative agent regarding the availability
of restricted units for resale or rental; and
(b)
Instituting and maintaining an effective means of communicating
information to low- and moderate-income households regarding the availability
of restricted units for resale or rerental.
(3)
Processing request from unit owners.
(a)
Reviewing and approving requests from owners of restricted
units who wish to take out home equity loans or refinance during the term
of their ownership;
(b)
Reviewing and approving requests to increase sales prices
from owners of restricted units who wish to make capital improvements to the
units that would affect the selling price, such authorizations to be limited
to those improvements resulting in additional bedrooms or bathrooms and the
cost of central air conditioning systems; and
(c)
Processing requests and making determinations on requests
by owners of restricted units for hardship waivers.
(4)
Enforcement.
(a)
Securing annually lists of all affordable housing units
for which tax bills are mailed to absentee owners and notifying all such owners
that they must either move back to their unit or sell it;
(b)
Securing from all developers and sponsors of restricted
units, at the earliest point of contact in the processing of the project or
development, written acknowledgement of the requirement that no restricted
unit can be offered, or in any other way committed, to any person, other than
a household duly certified to the unit by the administrative agent;
(c)
The posting annually in all rental properties, including
two-family homes, of a notice as to the maximum permitted rent together with
the telephone number of the administrative agent where complaints of excess
rent can be made;
(d)
Sending annual mailings to all owners of affordable dwelling
units, reminding them of the notices and requirements outlined in N.J.A.C.
5:80-26.18(d)4;
(e)
Establishing a program for diverting unlawful rent payments
to the municipality's affordable housing trust fund or other appropriate
municipal fund approved by the DCA;
(f)
Creating and publishing a written operating manual, as
approved by COAH, setting forth procedures for administering such affordability
controls; and
(g)
Providing annual reports to COAH as required.
(5)
The administrative agent shall have authority to take
all actions necessary and appropriate to carry out its responsibilities hereunder.
There is hereby created a Housing Fund for the purpose of receiving
governmental and/or private contributions to the township's affordable
housing program.
A.
Funds to be deposited in the Housing Fund shall be paid
to and deposited in the fund by the Township Treasurer.
B.
The Housing Fund shall be the repository for all surplus
funds in the event of foreclosure and upon the removal of affordability deed-restriction
covenants, regarding covenants and controls on sales and rentals, and in the
event that a rental surcharge is ever permitted to be imposed.
C.
The Housing Fund shall be the repository for all governmental
moneys to be expended for the provision or rehabilitation of affordable housing,
except where moneys are required by the funding source to be held in a separate
account.
A.
The Affordable Housing Board shall make recommendations
to the governing body for disbursements from the Housing Fund in accordance
with applicable affordable housing program requirements. No disbursements
shall be made from the Housing Fund until the governing body shall have authorized
such disbursements by ordinance and shall have established appropriate guidelines
and procedures for such disbursements.
