Township of Maplewood, NJ Chapter 150 Housing, Affordable

[HISTORY: Adopted by the Township Committee of the Township of Maplewood as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 93.

Numbering of buildings — See Ch. 97.

Multiple-dwelling units — See Ch. 175.

Zoning and land development — See Ch. 271.

Housing standards — See Ch. 313.

Article I General Provisions

[Adopted 6-2-1992 by Ord. No. 1887]

§ 150-1 Title.

This chapter shall be known as the "Affordable Housing Procedures Ordinance" of the Township of Maplewood.

§ 150-2 Purpose.

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.

§ 150-3 Definitions.

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:

LOW INCOME

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).

MODERATE INCOME

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).

[1] Editor's Note: See Ch. 271, Zoning and Land Development.

[2] Editor's Note: See 40:55D-1 et seq.

§ 150-4 Affordable Housing Trust Fund.

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:

(1) Payments to assist in the rehabilitation of substandard housing in the Township by removal of health and safety code violations of housing qualifying under the provisions of the Fair Housing Act.[1]

[1] Editor's Note: See 52:27D-301 et seq.

(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.

§ 150-5 Affordable Housing Board.

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:

(a) To govern the sale or rental of affordable housing units to lower- and moderate-income persons pursuant to the Zoning Ordinance[1] and Fair Share Compliance Plan of the Township of Maplewood.

[1] Editor's Note: See Ch. 271, Zoning and Land Development.

(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.

[2] Editor's Note: See Ch. 271, Zoning and Land Development.

(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.

[3] Editor's Note: See Ch. 271, Zoning and Land Development.

(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.

(5) To recommend to the Township Committee the disbursement of funds from the Housing Fund, for rehabilitation of housing and for such other purposes as may be authorized by the Township Committee consistent with the Fair Housing Act.[5]

[5] Editor's Note: See 52:27D-301 et seq.

(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.

§ 150-6 Action by Township Committee.

In the absence of the appointment of an Affordable Housing Board, the Township Committee shall act in its stead.

§ 150-7 Screening and qualification of prospective purchasers.

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.

§ 150-8 Household size and dwelling unit type.

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.

§ 150-9 Annual indexed increases.

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.

§ 150-10 (Reserved) [1]

[1] Editor's Note: Former § 150-10, Controls on affordability, was superseded by Ord. No. 2598-09, adopted 7-21-2009. See now Art. II, Compliance With Third Round Obligations.

§ 150-11 Impact of foreclosure.

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.

§ 150-12 Lien requirement.

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.

§ 150-13 through § 150-18. (Reserved)

§ 150-19 Severability.

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.

§ 150-20 When effective.

This chapter shall take effect immediately upon final passage with publication as provided by law.

Article II Regulations

[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.

§ 150-21 Purpose.

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.

§ 150-22 Applicability.

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.

§ 150-23 Monitoring and reporting requirements.

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.

§ 150-24 Definitions.

The following terms when used in this article shall have the meanings given in this section:

ACCESSORY APARTMENT

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.

ACT

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.

ADAPTABLE

Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.

ADMINISTRATIVE AGENT

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.)

AFFIRMATIVE MARKETING

A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.

AFFORDABILITY AVERAGE

The average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.

AFFORDABLE

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.

AFFORDABLE DEVELOPMENT

A housing development all or a portion of which consists of restricted units.

AFFORDABLE HOUSING DEVELOPMENT

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.

AFFORDABLE HOUSING PROGRAM(S)

Any mechanism in the Township's Fair Share Plan prepared or implemented to address the Township's fair share obligation.

AFFORDABLE UNIT

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.

AGE-RESTRICTED UNIT

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.

AGENCY

The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.)

ASSISTED LIVING RESIDENCE

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.

CERTIFIED HOUSEHOLD

A household that has been certified by an administrative agent as a low-income household or moderate-income household.

COAH

The New Jersey Council on Affordable Housing.

DCA

The State of New Jersey Department of Community Affairs.

DEFICIENT HOUSING UNIT

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.

DEVELOPER

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.

DEVELOPMENT

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.

INCLUSIONARY DEVELOPMENT

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.

LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 50% or less of the median household income.

LOW-INCOME UNIT

A restricted unit that is affordable to a low-income household.

MAJOR SYSTEM

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.

MARKET-RATE UNITS

Housing not restricted to low- and moderate-income households that may sell or rent at any price.

MEDIAN INCOME

The median income by household size for the applicable county, as adopted annually by the Department.

MODERATE-INCOME HOUSEHOLD

A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.

MODERATE-INCOME UNIT

A restricted unit that is affordable to a moderate-income household.

NONEXEMPT SALE

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.

RANDOM SELECTION PROCESS

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).

REGIONAL ASSET LIMIT

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.

REHABILITATION

The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.

RENT

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.

RESTRICTED UNIT

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

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.).

UHAC

The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.

VERY-LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 30% or less of the median household income.

VERY-LOW-INCOME UNIT

A restricted unit that is affordable to a very low-income household.

WEATHERIZATION

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.

§ 150-25 Affordable housing programs.

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.

(4) The Township of Maplewood will continue to work with CPG&H and the Essex County Rehabilitation Program to administer the Rehabilitation Program in accordance with N.J.A.C. 5:93,[1] et seq.

[1] Editor's Note: N.J.A.C. 5:93 expired 10-16-2016.

(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).

(d) Applicant and/or tenant households shall be certified as income-eligible in accordance with N.J.A.C. 5:93-9 [3]and UHAC, except that households in owner-occupied units shall be exempt from the regional asset limit.

[3] Editor's Note: N.J.A.C. 5:93 expired 10-16-2016.

[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.

§ 150-26 New construction.

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:

(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; and

(c) A two-bedroom unit shall be affordable to a two-person household or to two one-person households.

(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.

§ 150-27 Affirmative marketing requirements.

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.

§ 150-28 Occupancy standards.

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:

(1) Provide an occupant for each bedroom;

(2) Provide children of different sex with separate bedrooms; and

(3) Prevent more than two persons from occupying a single bedroom.

B. Additional provisions related to occupancy standards (if any) shall be provided in the municipal Operating Manual.

§ 150-29 Control periods for restricted ownership units and enforcement mechanisms.

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.

§ 150-30 Price restriction for restricted ownership units, homeowner association fees and resale prices.

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.

§ 150-31 Buyer income eligibility.

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.

§ 150-32 Limitations on indebtedness secured by ownership unit; subordination.

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).

§ 150-33 Control periods for restricted rental units.

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:

(1) Sublease or assignment of the lease of the unit;

(2) Sale or other voluntary transfer of the ownership of the unit; or

(3) The entry and enforcement of any judgment of foreclosure.

§ 150-34 Price restrictions for rental units; leases.

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.

§ 150-35 Tenant income eligibility.

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.

C. The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection B(1) through (5) above with the administrative agent, who shall counsel the household on budgeting.

§ 150-36 Administration.

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.

§ 150-37 Enforcement of affordable housing regulations.

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.

§ 150-38 Appeals.

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.