[HISTORY: Adopted by the Township Committee
of the Township of Maplewood as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-2-1992 by Ord. No. 1887]
This chapter shall be known as the "Affordable
Housing Procedures Ordinance" of the Township of Maplewood.
The purpose of this chapter is to create the
administrative mechanisms for the implementation of the Fair Housing
Act[1] and its amendments and the rules and regulations of the
Council on Affordable Housing.
[1]
Editor's Note: See 52:27D-301 et seq.
All definitions found in the Zoning Ordinance[1] of the Township of Maplewood, the Municipal Land Use Law
of the State of New Jersey,[2] and the substantive rules and regulations of the New Jersey
Council on Affordable Housing (COAH) shall be incorporated by reference
herein. In addition, the following terms have the meanings indicated:
A total gross household income no greater than 50% of the
median household income of the Essex-Morris-Sussex-Union Housing Region
(Region Two Housing Region as defined by the New Jersey Council on
Affordable Housing), adjusted for household size, based on the most
recent income limits published by the United States Department of
Housing and Urban Development (HUD).
A total gross household income no greater than 80% and no
less than 50% of the median household income of the Essex-Morris-Sussex-Union
Housing Region (Region Two Housing Region as defined by the New Jersey
Council on Affordable Housing), adjusted for household size, based
on the most recent income limits published by the United States Department
of Housing and Urban Development (HUD).
There is hereby established within the Township
of Maplewood an Affordable Housing Trust Fund which shall be maintained
by the Township Treasurer as a separate fund to be used and applied
solely for the purposes set forth herein.
A.
It shall be permissible for the Treasurer to place
the moneys deposited into such fund into the general depository interest-bearing
accounts of the Township, provided that a separate accounting for
such moneys is maintained by the Treasurer.
B.
All funds collected from developers or other persons
pursuant to developer's agreements, settlement of litigation or by
donation shall be deposited into the Affordable Housing Trust Fund
in accordance with this chapter.
C.
In the event that the Township receives funds from
any governmental sources or from a private organization authorized
by the county, state or federal government to engage in funding for
affordable housing projects which are required to be held in a separate
account, the Treasurer shall be authorized to establish such separate
account and to provide for the keeping of appropriate records thereon,
but such funds shall be otherwise considered as part of the Affordable
Housing Trust Fund.
D.
Disbursements from the Affordable Housing Trust Fund
shall be made by the Treasurer upon authorization of the Township
Committee by resolution carried by the affirmative votes of the majority
of the full authorized Committee. The Township Committee may authorize
the expenditures from the Affordable Housing Trust Fund for the following
purposes:
(2)
Payments to provide for the maintenance, repair, replacement
and/or improvement of affordable housing in the Township of Maplewood.
(3)
Payments to provide for the implementation of an affirmative
marketing program to market the designated low- and moderate-income
units in the Township.
(4)
Payments to provide for the administration of the
fund.
A.
There is hereby established an Affordable Housing
Board which shall consist of eight members appointed by the Township
Committee. The members shall serve without compensation.
[Amended 1-19-1999 by Ord. No. 2088-99]
B.
The Board shall be comprised of four residents of
the Township who will serve for three years, and one member of the
Township Committee, who shall be the Chair of the Board, the Township’s
Chief Financial Officer, the Township’s Construction Code Official,
the Township’s Director of Welfare and the Township’s
Municipal Liaison/Housing Officer, each of whom shall serve for one
year. Appointments to fill vacancies resulting from resignations or
removals from office shall be for the departing member’s unexpired
term.
[Amended 1-19-1999 by Ord. No. 2088-99; 9-5-2006 by Ord. No. 2366-06]
C.
The powers of the Board shall be as follows:
(1)
To recommend to the Township Committee the adoption
of rules and regulations:
(b)
To assure that the housing units built or rehabilitated
for affordable housing pursuant to the Zoning Ordinance[2] and the Compliance Plan will remain available to lower-
and moderate-income persons for the appropriate period of time as
required by the substantive rules issued by the Council on Affordable
Housing.
(c)
To establish eligibility criteria for persons
wishing to purchase or rent affordable housing in the Township in
accordance with the Zoning Ordinance[3] and Compliance Plan and the substantive rules issued by
the Council on Affordable Housing.
(d)
To establish screening mechanisms to ensure
that all affordable housing units are occupied only by lower- and
moderate-income households.
(e)
To recommend to the Township Committee appropriate
expenditures of those funds made available to the Township's Affordable
Housing Fund.
(f)
To regulate the resale of affordable housing
units so as to allow lower- and moderate-income households to recoup
the value of any improvements to the units while providing for the
recapture by the Township of any windfall profits from the resale
of the units, pursuant to COAH rules N.J.A.C. 5:92-12.1 et seq.
(g)
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 by lower- and moderate-income households.
(h)
To provide for a fair and equitable disbursal
of funds from the Affordable Housing Trust Fund, to the extent that
such funds are available, for rehabilitation of substandard housing
occupied by lower- and moderate-income households and for such other
purposes as may be authorized by the Township Committee.
(i)
To carry out such additional responsibilities
as may be necessary to fulfill the Township's affordable housing program
in accordance with the Fair Housing Act of 1985 and amendments thereto[4] and the substantive rules issued by the Council on Affordable
Housing.
[4]
Editor's Note: See 52:27D-301 et seq.
(2)
To ascertain the extent and location of substandard
housing and, upon authorization by the Township Committee, to conduct
a survey or to arrange to have a survey conducted.
(3)
To secure sources of government funding that will
assist the Township, if necessary, in meeting its goals of supplying
affordable housing as set forth in the Fair Compliance Plan and, upon
authorization by the Township Committee, to prepare and submit applications
to secure such funding.
(4)
To prepare an annual budget for the Affordable Housing
Board, including all salaries, administrative costs and expenditures,
exclusive of expenditures for rehabilitation, necessary to meet the
goals of the Fair Share Compliance Plan. The budget shall be prepared
in accordance with proper Township accounting procedures and submitted
to the Township Committee for approval as part of the Township budget.
(6)
To provide a semiannual written report to the Mayor,
Township Committee and Planning Board on its activities and the progress
and problems in providing affordable housing and assuring the continued
affordability of this housing and to file a semiannual monitoring
report with COAH pursuant to N.J.A.C. 5:92-17.2.
(7)
To undertake such other activities as may be authorized
by law to carry out the obligations of the Township to assist in providing
affordable housing in accordance with the Fair Housing Act of 1985
and amendments thereto[6] and substantive rules issued by the Council on Affordable
Housing and the Fair Share Compliance Plan for the Township of Maplewood.
[6]
Editor's Note: See 52:27D-301 et seq.
In the absence of the appointment of an Affordable
Housing Board, the Township Committee shall act in its stead.
A.
The Affordable Housing Board shall screen and determine
whether prospective purchasers and tenants qualify for the newly designated
low- and moderate-income units built or rehabilitated within the Township.
Qualification criteria shall include household income, place of residence
and place of employment.
B.
The Board shall maintain a registry of income-eligible
applicants for purchase or rental of low- and moderate-income housing.
C.
Occupancy preference for new low- and moderate-income
units.
(1)
A maximum of 50% of the designated low- and moderate-income
housing units may be reserved initially for income-eligible current
residents of the Township or individuals who work in the Township
and reside elsewhere.
(2)
After 50% of the designated low- and moderate-income
housing units have been purchased or leased by town residents or those
who work in the Township but reside elsewhere, the remaining eligible
applicants shall be pooled and selected on a random basis.
D.
The Board shall recommend eligible prospective purchasers
and tenants to the developer(s) of low- and moderate-income housing.
A.
Initial pricing of low- and moderate-income owner-occupied
single housing units shall be established in accordance with the requirements
of the substantive rules and regulations of COAH.
B.
Maximum rents and sale prices of low- and moderate-income
housing units shall be determined on the basis of the following assumptions
on occupancy of dwelling units by household size:
(1)
Efficiency units shall be affordable to one-person
households.
(2)
One-bedroom units shall be affordable to two-person
households.
(3)
Two-bedroom units shall be affordable to three-person
households.
(4)
Three-bedroom units shall be affordable to five-person
households.
(5)
Four-bedroom units shall be affordable to seven-person
households.
The price of an owner-occupied housing unit
and the rents of affordable housing units may increase annually based
on the percentage increase in the median income for the Essex-Morris-Sussex-Union
Housing Region, as determined from the uncapped Section 8 Program
income limits, as published by the United States Department of Housing
and Urban Development (HUD) as defined in N.J.A.C. 5:92-1.3 or other
recognized standards adopted by COAH that apply to rental housing
units.
A judgment of foreclosure or a deed in lieu
of foreclosure by a financial institution regulated by state and/or
federal law shall extinguish controls on affordability, provided that
the owner of the affordable housing unit shall be personally obligated
to pay to the Board any surplus funds, but only to the extent such
surplus funds exceed the difference between the maximum price permitted
at the time of foreclosure and the amount necessary to redeem the
debt to the financial institution, including the costs of foreclosure.
A homeowner or investor-landlord participating
in any local rehabilitation program shall execute a lien in favor
of the Township of Maplewood in consideration for the funds granted
for the cost of rehabilitation and for the period of controls on affordability.
Prior to execution, the lien shall be reviewed by the Township Attorney.
If any article, section, subsection, sentence,
clause or phrase of this chapter is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remaining provisions
of this chapter.
This chapter shall take effect immediately upon
final passage with publication as provided by law.
[Adopted 9-17-2018 by Ord. No. 2922-18[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II,
Compliance With Third Round Obligations, adopted 7-21-2009 by Ord.
No. 2598-09.
A.
The Township of Maplewood Planning Board has adopted a Housing Element
and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A.
40:55D-1 et seq. (hereinafter "Fair Share Plan"). The Fair Share Plan
was subsequently endorsed by the governing body. The Fair Share Plan
describes how Maplewood Township shall address its fair share of low-
and moderate-income housing as documented in the Fair Share Plan itself,
the settlement agreement entered into between the Township and Fair
Share Housing Center ("FSHC") on September 5, 2017 (hereinafter "FSHC
settlement agreement"), and the Court order approving same, which
was entered by the Court on January 3, 2018, after a properly noticed
fairness hearing.
B.
The Township of Maplewood shall track the status of the implementation
of the Fair Share Plan. Any evaluation report of the Fair Share Plan
shall be available to the public at Township Hall located on 574 Valley
Street, Maplewood, New Jersey.
These affordable housing regulations shall apply to all affordable
housing units constructed or created in the Township of Maplewood,
including affordable housing units funded through low-income housing
tax credit financing.
The Township of Maplewood shall comply with the following monitoring
and reporting requirements regarding the status of the implementation
of its Court-approved Housing Element and Fair Share Plan:
A.
Beginning one year after the entry of the Township's Round 3 Judgment
of Compliance and Repose, and on every anniversary of that date through
2025, the Township agrees to provide annual reporting of its Affordable
Housing Trust Fund activity to the New Jersey Department of Community
Affairs, Council on Affordable Housing, or Local Government Services,
or other entity designated by the State of New Jersey, with a copy
provided to Fair Share Housing Center (FSHC) and posted on the municipal
website, using forms developed for this purpose by the New Jersey
Department of Community Affairs (NJDCA), Council on Affordable Housing
(COAH), or Local Government Services (NJLGS). The reporting shall
include an accounting of all Affordable Housing Trust Fund activity,
including the source and amount of funds collected and the amount
and purpose for which any funds have been expended.
B.
Beginning one year after the entry of the Township's Round 3 Judgment
of Compliance and Repose, and on every anniversary of that date through
2025, the Township agrees to provide annual reporting of the status
of all affordable housing activity within the municipality through
posting on the municipal website with a copy of such posting provided
to Fair Share Housing Center, using forms previously developed for
this purpose by COAH or any other forms endorsed by the Court Appointed
Special Master and FSHC.
C.
The Fair Housing Act includes two provisions regarding action to
be taken by the Township during its ten-year repose period. The Township
will comply with those provisions as follows:
(1)
For the midpoint realistic opportunity review due on June 12, 2020,
as required pursuant to N.J.S.A. 52:27D-313, the Township will post
on its municipal website, with a copy provided to Fair Share Housing
Center, a status report as to its implementation of its Plan and an
analysis of whether any unbuilt sites or unfulfilled mechanisms continue
to present a realistic opportunity and whether the mechanisms to meet
unmet need should be revised or supplemented. Such posting shall invite
any interested party to submit comments to the Township, with a copy
to Fair Share Housing Center, regarding whether any sites no longer
present a realistic opportunity and should be replaced and whether
the mechanisms to meet unmet need should be revised or supplemented.
Any interested party may by motion request a hearing before the Court
regarding these issues.
(2)
For the review of very-low- income housing requirements required
by N.J.S.A. 52:27D-329.1, within 30 days of the third anniversary
of the entry of the Township's Judgement of Compliance and Repose,
and every third year thereafter, the Township will post on its municipal
website, with a copy provided to Fair Share Housing Center, a status
report as to its satisfaction of its very-low-income requirements,
including the family very-low-income requirements referenced herein.
Such posting shall invite any interested party to submit comments
to the Township and Fair Share Housing Center on the issue of whether
the Township has complied with its very-low-income housing obligation
under the terms of this settlement.
(3)
In addition to the foregoing postings, the Township may also elect
to file copies of its reports with COAH or its successor agency at
the State level.
The following terms when used in this article shall have the
meanings given in this section:
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site.
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.) as has been subsequently amended.
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity responsible for the administration of affordable
units in accordance with this ordinance, applicable COAH regulations
and the Uniform Housing Affordability Controls (UHAC)(N.J.A.C. 5:80-26.1
et seq.)
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent within the means of a low- or moderate-income
household as defined by COAH in its applicable regulations of an equivalent
controlling New Jersey state agency; 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 housing development all or a portion of which consists
of restricted units.
A development included in the Township's Fair Share Plan,
and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable development.
Any mechanism in the Township's Fair Share Plan prepared
or implemented to address the Township's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited
pursuant to applicable COAH regulations, the FSHC settlement agreement,
or an order of the Court.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: 1) all the residents of the development where the unit
is situated are 62 years or older, or 2) at least 80% of the units
are occupied by one person that is 55 years or older; or 3) the development
has been designated by the Secretary of the U.S. 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.
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 facility 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.
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
The New Jersey Council on Affordable Housing.
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that
require 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.
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
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.
A development containing both affordable units and market
rate units, inclusionary developments must have a 20% set-aside of
affordable units if the development has five or more units and is
a for-sale project, or a 15% set-aside if the development is a rental
project. This term includes, but is not necessarily limited to: new
construction, the conversion of a nonresidential structure to residential
and the creation of new affordable units through the reconstruction
of a vacant residential structure.
A household with a total gross annual household income equal
to 50% or less of the median household income.
A restricted unit that is affordable to a low-income household.
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 or load-bearing structural systems.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable county,
as adopted annually by the Department.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income
household.
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.
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).
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 the Department's adopted Regional Income Limits published
annually by the Department.
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
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.
A dwelling unit, whether a rental unit or ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
The Department of Community Affairs of the State of New Jersey,
that was established under the New Jersey Fair Housing Act (N.J.S.A.
52:27D-301 et seq.).
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income.
A restricted unit that is affordable to a very low-income
household.
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 rehabilitation.
The Township of Maplewood will use the following mechanisms
to satisfy its affordable housing obligations:
A.
A rehabilitation program.
(1)
The Township of Maplewood and FSHC have agreed that the Township's
indigenous need rehabilitation obligation is 114 units. The Township
has contracted with Community Grants, Planning & Housing ("CGP&H")
to administer the Maplewood Home Improvement Program. owner-occupied
and rental-occupied units are eligible for the Maplewood Home Improvement
Program. In addition, units have been rehabilitated through the Essex
County Rehabilitation Program. Through these programs 26 rehabilitations
have been completed since April 1, 2010, and are creditworthy. In
addition, the Court-approved FSHC Settlement Agreement allows the
Township to apply 81 excess age-restricted housing credits from the
Maplewood Senior Citizen Housing project towards its rehabilitation
obligation. Therefore, the Township has to address a remaining obligation
of only six units by July 2, 2025. The Township will continue to utilize
the Maplewood Home Improvement Program and the Essex County Rehabilitation
Program to address these remaining six units. Any additional units
rehabilitated through these programs by July 2, 2025, may be credited
towards Round 4, if permitted by applicable law and regulations. The
Township will continue its rehabilitation program to update and renovate
deficient housing units occupied by low- and moderate-income households
such that, after rehabilitation, these units will comply with the
New Jersey State Housing Code pursuant to N.J.A.C. 5:28. The Township
will continue to rehabilitate housing units to improve its housing
stock and to continue to provide indigenous need affordable units.
(2)
All rehabilitated rental and owner-occupied units shall remain affordable
to low- and moderate-income households for a period of 10 years (the
control period). For owner-occupied units, the control period will
be enforced with a lien, and for renter occupied units, the control
period will be enforced with a deed restriction.
(3)
The Township of Maplewood shall dedicate an average of at least $10,000
in construction costs for each unit to be rehabilitated through this
program, reflecting the minimum hard cost of rehabilitation for each
unit.
(5)
Units in a rehabilitation program shall be exempt from N.J.A.C. 5:93-9[2] and UHAC requirements, but shall be administered in accordance
with the following:
(a)
If a unit is vacant, upon initial rental subsequent to rehabilitation,
or if a renter-occupied unit is re-rented prior to the end of controls
on affordability, the deed restriction shall require the unit to be
rented to a low- or moderate-income household at an affordable rent
and affirmatively marketed pursuant to N.J.A.C. 5:93-9 and UHAC.
(b)
If a unit is renter-occupied, upon completion of the rehabilitation,
the maximum rate of rent shall be the lesser of the current rent or
the maximum permitted rent pursuant to N.J.A.C. 5:93-9 and UHAC.
(c)
Rents in rehabilitated units may increase annually based on
the methodology outlined in Subsection C(1).
[2]
Editor's Note: N.J.A.C. 5:93-9 expired 10-16-2016.
B.
Phasing. Inclusionary developments shall be subject to the following
schedule, except where an alternate phasing schedule has been incorporated
into a development or redevelopment agreement:
Minimum Percentage of Low- and Moderate-Income Units Completed
|
Maximum Percentage of Market-Rate Units Completed
|
---|---|
0
|
25
|
10
|
25 + 1 Unit
|
75
|
75
|
100
|
90
|
C.
Fractional units. If 15 or 20% of the total number of units in a
development results in a fraction or decimal, the developer shall
be required to provide an additional affordable unit on site.
Example: an eight-unit development requiring on affordable housing
set-aside of 1.6 units is proposed. The developer is required to provide
two on-site affordable units.
D.
Integration of affordable units. In inclusionary developments, to
the extent possible, low- and moderate-income units shall be integrated
with the market-rate units.
E.
Utilities. Affordable units shall utilize the same type of heating
source as market units within the affordable development.
The following general guidelines apply to all newly constructed
developments that contain low- and moderate-income housing units,
including any currently unanticipated future developments that will
provide low- and moderate-income housing units.
A.
Low/moderate split and bedroom distribution of affordable housing
units:
(1)
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.
(2)
In each affordable development, at least 50% of the restricted units
within each bedroom distribution shall be low-income units. If there
is only one affordable unit it must be a low-income unit.
(3)
Thirteen percent of all affordable units in the Township, with the
exception of units constructed as of July 1, 2008, and units subject
to preliminary or final site plan approval as of July 1, 2008, shall
be designated as very-low-income households at 30% of the median income,
with at least 50% of all very-low-income units being available to
families. Very-low-income units shall be considered low-income units
for the purposes of evaluating compliance with the required low/moderate-income
unit splits, bedroom distribution, and phasing requirements of this
article.
(4)
Affordable developments that are not age-restricted shall be structured
in conjunction with realistic market demands such that:
(a)
If all of the market rate units on the same site will be one-bedroom
units, and if the development will be producing fewer than three affordable
units on the same site with the market units, then one affordable
unit must be a three-bedroom unit and one may be a one-bedroom unit,
with the remaining affordable unit (if any) being a two-bedroom unit.
(b)
If any of the market rate units on the same site will be two-bedroom
units, and if the development will be producing fewer than three affordable
units on the same site with the market units, then one affordable
unit must be a three-bedroom unit and the remainder shall be two-bedroom
units.
(c)
In any other development producing six or fewer affordable units
(whether on or off site), the bedroom distribution called for in UHAC
shall be fulfilled (i.e., a maximum of 20% one-bedroom units, a minimum
of 20% three-bedroom units, a minimum of 30% two-bedroom units, with
the balance being either two-bedroom units or three-bedroom units,
at the discretion of the developer; and
(d)
In any development producing seven or more affordable units,
the bedroom distribution shall be a maximum of 10% one-bedroom units,
a minimum of 25% three-bedroom units, a minimum of 30% two-bedroom
units, with the balance being either two-bedroom units or three-bedroom
units, at the discretion of the developer.
(5)
The Township requires that all affordable housing units in an inclusionary
residential project be constructed on site. However, as an alternative
to constructing affordable housing units on site, developers of a
residential project in any zone may seek the written authorization
of the Township Committee, which, at its sole discretion, may decide
to permit (a) the developer to either construct the affordable housing
units elsewhere in the Township of Maplewood, or (b) purchase existing
residential units elsewhere in the Township of Maplewood, as long
as any such existing residential units are properly reconstructed
(or gut rehabilitated) in accordance with applicable COAH regulations.
If the developer fails to secure written authorization from the Township
Committee, then the residential developer shall construct the affordable
units on-site.
(6)
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.
B.
Accessibility requirements:
(1)
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.
(2)
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:
(a)
An adaptable toilet and bathing facility on the first floor;
(b)
An adaptable kitchen on the first floor;
(c)
An interior accessible route of travel on the first floor.
(d)
An interior accessible route of travel shall not be required
between stories within an individual unit;
(e)
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;
and
(f)
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 the Township of Maplewood has collected funds
from the developer sufficient to make 10% of the adaptable entrances
in the development accessible:
[1]
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.
[2]
To this end, the builder of restricted units shall deposit funds
within the Township's Affordable Housing Trust Fund sufficient to
install accessible entrances in 10% of the affordable units that have
been constructed with adaptable entrances.
[3]
The funds deposited under Subsection B(2)(f)[2] above shall be used by the Township of Maplewood for the sole purpose of making the adaptable entrance of any 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.
[4]
The developer of the restricted units shall submit a design
plan and cost estimate for the conversion from adaptable to accessible
entrances to the Construction Official of the Township.
[5]
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 Township's Affordable Housing Trust Fund and appropriately
earmarked.
[6]
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.
C.
Regional income limits:
(1)
Income limits for all units that are part of Maplewood Township's
Housing Element and Fair Share Plan, and for which income limits are
not already established through a federal program exempted from the
Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26.1,
shall be updated by the municipality annually within 30 days of the
publication of determinations of median income by HUD as follows:
(a)
Regional income limits shall be established for the region in
which Maplewood Township is located within, based on the median income
by household size, which shall be established by a regional weighted
average of the uncapped Section 8 income limits published by HUD.
To compute this regional income limit, the HUD determination of median
county income for a family of four is multiplied by the estimated
households within the county according to the most recent decennial
Census. The resulting product for each county within the housing region
is summed. The sum is divided by the estimated total households from
the most recent decennial Census in the municipality's housing region.
This quotient represents the regional weighted average of median income
for a household of four. The income limit for a moderate-income unit
for a household of four shall be 80% of the regional weighted average
median income for a family of four. The income limit for a low-income
unit for a household of four shall be 50% of the HUD determination
of the regional weighted average median income for a family of four.
The income limit for a very-low-income unit for a household of four
shall be 30% of the regional weighted average median income for a
family of four. These income limits shall be adjusted by household
size based on multipliers used by HUD to adjust median income by household
size. In no event shall the income limits be less than those for the
previous year.
(b)
The income limits applicable to Maplewood Township shall be the result of applying the percentages set forth in Subsection C(1)(a) above to HUD's most current fiscal year determination of median income and shall be utilized until Maplewood Township updates the income limits after HUD publishes revised determinations of median income for the next fiscal year.
(c)
The Regional Asset Limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3 shall be calculated by the Township of Maplewood annually by taking the percentage increase of the income limits calculated pursuant to Subsection C(1)(a) above over the previous year's income limits and applying the same percentage increase to the Regional Asset Limit from the prior year. In no event shall the Regional Asset Limit be less than that for the previous year.
(d)
If at any time, COAH (or a successor administrative agency duly
empowered by an amendment to the Fair Housing Act) begins to issue
updated annual income limits and rules for increasing sales prices
and rent levels each year, said updated income limits and rules for
increasing sales prices and rent levels each year may be used instead
of the methodology set forth herein.
D.
Maximum rents and sales prices.
(1)
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 the New Jersey
Department of Community Affairs (DCA) or other agency as required
by the Court.
(2)
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 low- and
moderate-income units shall be affordable to households earning no
more than 52% of median income.
(3)
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.
(a)
At least 13% of all low- and moderate-income dwelling units
shall be affordable to households earning no more than 30% of median
income.
(4)
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 prices for each
bedroom type, and low-income ownership units must be available for
at least two different prices for each bedroom type.
(5)
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units other
than assisted living facilities, the following standards shall be
used:
(a)
A studio shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one-and-one-half
person household;
(c)
A two-bedroom unit shall be affordable to a three-person household;
(d)
A three-bedroom unit shall be affordable to a four-and-one-half
person household; and
(e)
A four-bedroom unit shall be affordable to a six-person household.
(6)
In determining the initial rents for compliance with the affordability
average requirements for restricted units in assisted living facilities,
the following standards shall be used:
(7)
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.
(8)
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
household size 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.
(9)
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 tower than the last
recorded purchase price.
(10)
The rent levels of very-low, low- and moderate-income units
may be increased annually based on the percentage increase in the
Housing Consumer Price Index for the Northeast Urban Area, upon its
publication for the prior calendar year. 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.
(11)
If at any time, COAH (or a successor administrative agency duly
empowered by an amendment to the Fair Housing Act) begins to issue
updated annual income limits and rules for increasing sales prices
and rent levels each year, said updated income limits and rules for
increasing sales prices and rent levels each year may be used instead
of the methodology set forth herein.
(12)
Utilities. Tenant-paid utilities that are included in the utility
allowance shall be so stated in the lease and shall be consistent
with the utility allowance approved by DCA for its Section 8 program.
A.
The Township of Maplewood has adopted by resolution an affirmative
marketing plan, subject to approval of the Court, compliant with N.J.A.C.
5:80-26.15, as may be amended and supplemented. The affirmative marketing
plan requires direct notification of availability of affordable housing
units in Maplewood to the following community and regional organizations:
Fair Share Housing Center, the New Jersey State Conference of the
NAACP, the Latino Action Network, East Orange NAACP, Newark NAACP,
Morris County NAACP and Elizabeth NAACP.
B.
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 which are being marketed
by a developer, sponsor or owner of affordable housing. The affirmative
marketing plan is also 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 all marketing activities
toward Housing Region 2 and covers the period of deed restriction.
C.
The affirmative marketing plan shall provide a regional preference
for all households that live and/or work in Housing Region 2.
D.
The administrative agent designated by the Township of Maplewood
shall assure the affirmative marketing of all affordable units consistent
with the affirmative marketing plan for the municipality.
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 process for available affordable units
shall begin at least four months prior to the expected date of occupancy.
G.
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner,
unless otherwise determined or agreed to by the Township.
A.
In referring certified households to specific restricted units, to
the extent feasible, and without causing an undue delay in occupying
the unit, the administrative agent shall strive to:
B.
Additional provisions related to occupancy standards (if any) shall
be provided in the municipal Operating Manual.
A.
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 article until the Township of Maplewood elects to release
the unit from such requirements; however, and prior to such an election,
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, for at
least 30 years.
B.
The affordability control period for a restricted ownership unit
shall commence on the date the initial certified household takes title
to the unit.
C.
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 nonrestricted,
fair market value of the unit based on either an appraisal or the
unit's equalized assessed value.
D.
At the time of the first sale of the unit, the 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 requirements of this article, 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 article 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 that follows the expiration of the applicable minimum
control period provided under N.J.A.C. 5:80-26.5(a), as may be amended
and supplemented.
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:
A.
The initial purchase price for a restricted ownership unit shall
be approved by the administrative agent.
B.
The administrative agent shall approve all resale prices, In writing
and in advance of the resale, to assure compliance with the foregoing
standards.
C.
The method used to determine the condominium association fee amounts
and special assessments shall be indistinguishable between the low-
and moderate-income unit owners and the market unit owners.
D.
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. Eligible capital improvements shall be those
that render the unit suitable for a larger household or the addition
of a bathroom.
A.
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. Very-low-income
units shall be reserved for households with a gross household income
of less than 30% of median income.
B.
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 certified monthly income.
A.
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the administrative agent shall determine in writing
that the proposed indebtedness complies with the provisions of this
section.
B.
With the exception of original purchase money mortgages, during a
control period 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 that unit,
as such price is determined by the administrative agent in accordance
with N.J.A.C. 5:80-26.6(b).
A.
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 article until the Township of Maplewood elects to release
the unit from such requirements pursuant to action taken in compliance
with N.J.A.C. 5:80-26.1 et. al., as may be amended and supplemented,
and prior to such an election, a restricted rental unit must remain
subject to the requirements of N.J.A.C. 5:80-26.1 et al, as may be
amended and supplemented, for at least 30 years.
B.
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 the County of Essex. A copy of the filed document shall be provided
to the administrative agent within 30 days of the receipt of a certificate
of occupancy.
C.
A restricted rental unit shall remain subject to the affordability
controls of this article, despite the occurrence of any of the following
events:
A.
A written lease shall be required for all restricted rental units,
except for units in an assisted living residence, 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.
B.
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.
C.
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 article.
A.
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:
(1)
Very-low-income rental units shall be reserved for households with
a gross household income less than or equal to 30% of median income.
(2)
Low-income rental units shall be reserved for households with a gross
household income less than or equal to 50% of median income.
(3)
Moderate-income rental units shall be reserved for households with
a gross household income less than 80% of median income.
B.
The administrative agent shall certify a household as eligible for
a restricted rental unit when the household is a very-low-income,
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:
(1)
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;
(2)
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;
(3)
The household is currently in substandard or overcrowded living conditions;
(4)
The household documents the existence of assets with which the household
proposes to supplement the rent payments; or
(5)
The household documents proposed 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.
A.
The position of Municipal Housing Liaison (MHL) for the Township
of Maplewood is established by this article. The Township shall make
the actual appointment of the MHL by means of a resolution.
(1)
The MHL must be either a full-time or part-time employee of Maplewood.
(2)
The person appointed as the MHL must be reported to the Court and
thereafter posted on the Township's website.
(3)
The MHL must meet all the requirements for qualifications, including
initial and periodic training, if such training is made available
by COAH or the DCA.
(4)
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Township
of Maplewood, including the following responsibilities which may not
be contracted out to the administrative agent:
(a)
Serving as the municipality's primary point of contact for all
inquiries from the state, affordable housing providers, administrative
agents and interested households;
(b)
The implementation of the affirmative marketing plan and affordability
controls.
(c)
When applicable, supervising any contracting administrative
agent.
(d)
Monitoring the status of all restricted units in the Township's
Fair Share Plan;
(e)
Compiling, verifying and submitting annual reports as required;
(f)
Coordinating meetings with affordable housing providers and
administrative agents, as applicable; and
(g)
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing as offered
or approved by the Affordable Housing Professionals of New Jersey
(AHPNJ), if such continuing education opportunities are made available
by COAH or the DCA.
B.
The Township of Maplewood shall designate by resolution of the Township
Committee, subject to the approval of the Court, one or more administrative
agents to administer newly constructed affordable units in accordance
with N.J.A.C. 5:93[1] and UHAC.
[1]
Editor's Note: N.J.A.C. 5:93 expired 10-16-2016.
C.
An Operating Manual shall be provided by the administrative agent(s)
to be adopted by resolution of the governing body. The Operating Manuals
shall be available for public inspection in the Office of the Municipal
Clerk and in the office(s) of the administrative agent(s).
D.
The administrative agent shall perform the duties and responsibilities
of an administrative agent as are set forth in UHAC, including those
set forth in N.J.A.C. 5:80-26.14, 16 and 18 thereof, and shall have
authority to take all actions necessary and appropriate to carry out
its responsibilities, which includes:
(1)
Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved
by the Affordable Housing Professionals of New Jersey (AHPNJ).;
(2)
Affirmative marketing;
(3)
Household certification;
(4)
Affordability controls;
(5)
Records retention;
(6)
Resale and re-rental;
(7)
Processing requests from unit owners; and
(8)
Enforcement, though the ultimate responsibility for retaining controls
on the units rests with the municipality.
A.
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, municipal fines, a requirement
for household recertification, acceleration of all sums due under
a mortgage, recoupment of any funds from a sale in the violation of
the regulations, injunctive relief to prevent further violation of
the regulations, entry on the premises, and specific performance.
B.
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 against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
(1)
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
found 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)
A fine of not more than $10,000 or imprisonment for a period
not to exceed 90 days, or both. Each and every day that the violation
continues or exists shall be considered a separate and specific violation
of these provisions and not as a continuing offense;
(b)
In the case of an owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment into the Township of Maplewood Affordable Housing Trust
Fund of the gross amount of rent illegally collected;
(c)
In the case of an owner who has rented his or her 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.
(2)
The municipality may file a court action in the Superior Court seeking
a judgment, which would result in the termination of the owner's equity
or other interest in the unit, in the nature of a mortgage foreclosure.
Any 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- and moderate-income unit.
C.
Such 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 the right
to possession terminated as well as the title conveyed pursuant to
the Sheriff's sale.
D.
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 and to the 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.
E.
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.
F.
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.
G.
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.
H.
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 from all decisions of an administrative agent designated
pursuant to this article shall be filed with the Superior Court of
New Jersey, Essex County.