[HISTORY. Adopted by the Township Committee of the Township of Harmony 7-17-1990 by Ord. No. 0:90-13. Amendments noted where applicable.]
Affordable Housing Zone — See Ch. 165.
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]
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.
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.
Establishment of position of Municipal Housing Liaison. There is hereby established the position of Municipal Housing Liaison for the Township of Harmony.
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.
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:
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;
Monitoring the status of all restricted units in the Township of Harmony's Fair Share Plan;
Compiling, verifying, and submitting annual reports as required by COAH;
Coordinating meetings with affordable housing providers and administrative agents, as applicable;
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH;
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.
Compensation. Compensation shall be fixed by the governing body at the time of the appointment of the Municipal Housing Liaison.
Administrative powers and duties assigned to the Municipal Housing Liaison.
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 appropriate county's register of deeds or 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.
Resale and rental.
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
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 request from unit owners.
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; and
Processing requests and making determinations on requests by owners of restricted units for hardship waivers.
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;
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 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 or other appropriate municipal fund approved by the DCA;
Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls; and
Providing annual reports to COAH as required.
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.
Funds to be deposited in the Housing Fund shall be paid to and deposited in the fund by the Township Treasurer.
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.
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.
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.