[Ord. No. 2009-15 § 1]
a.
This chapter is intended to assure that low- and moderate-income
units ("affordable units") are created with controls on affordability
over time and that low- and moderate-income households shall occupy
these units. This chapter shall apply except where inconsistent with
applicable law.
b.
The Rockleigh 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. The Fair Share Plan has been endorsed by the Governing Body.
The Fair Share Plan describes the ways Rockleigh shall address its
fair share for low- and moderate-income housing as determined by the
Council on Affordable Housing (COAH) and documented in the Housing
Element.
c.
This chapter implements and incorporates the Fair Share Plan and
addresses the requirements of N.J.A.C. 5:97, as may be amended and
supplemented.
d.
The Borough of Rockleigh shall file monitoring reports with COAH
in accordance with N.J.A.C. 5:96, tracking the status of the implementation
of the Housing Element and Fair Share Plan. Any plan evaluation report
of the Housing Element and Fair Share Plan and monitoring prepared
by COAH in accordance with N.J.A.C. 5:96 shall be available to the
public at the Rockleigh Municipal Building, Municipal Clerk's
Office, 26 Rockleigh Road, Rockleigh, New Jersey, or from COAH at
101 South Broad Street, Trenton, New Jersey and on COAH's website,
www.nj.gov/dca/affiliates/coah.
[Ord. No. 2009-15 § 2; Ord. No. 2016-7 § 1]
The following terms when used in this chapter shall have the
meanings given in this section:
Shall mean 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.
Shall mean the Fair Housing Act of 1985, P.L. 1985, c. 222
(N.J.S.A. 52:27D-301 et seq.).
Shall mean constructed in compliance with the technical design
standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
Shall mean the entity responsible for the administration
of affordable units in accordance with this section, N.J.A.C. 5:96,
N.J.A.C. 5:97 and N.J.A.C. 5:80-26.1 et seq.
Shall mean a regional marketing strategy designed to attract
buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
Shall mean the average percentage of median income at which
restricted units in an affordable housing development are affordable
to low- and moderate-income households.
Shall mean a sales price or rent within the means of a low-
or moderate-income household as defined in N.J.A.C. 5:97-9, 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.
Shall mean a housing development all or a portion of which
consists of restricted units.
Shall mean a development included in the Housing Element
and Fair Share Plan, and includes, but is not limited to, an inclusionary
development, a municipal construction project or a one hundred (100%)
percent affordable development.
Shall mean any mechanism in a municipal Fair Share Plan prepared
or implemented to address a municipality's fair share obligation.
Shall mean a housing unit proposed or created pursuant to
the Act, credited pursuant to N.J.A.C. 5:97-4, and/or funded through
an affordable housing trust fund.
Shall mean the New Jersey Housing and Mortgage Finance Agency
established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
Shall mean 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 sixty-two (62) years or older; or 2)
at least eighty (80%) percent of the units are occupied by one (1)
person that is fifty-five (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.
Shall mean a structure in which households live in distinct
bedrooms, yet share kitchen and plumbing facilities, central heat
and common areas. Alternative living arrangements include, but are
not limited to: transitional facilities for the homeless; Class A,
B, C, D and E boarding homes as regulated by the State of New Jersey
Department of Community Affairs; residential health care facilities
as regulated by the New Jersey Department of Health; group homes for
the developmentally disabled and mentally ill as licensed and/or regulated
by the New Jersey Department of Human Services; and congregate living
arrangements.
[Ord. No. 2016-7 § 1]
Shall mean 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 (4) or more adult persons unrelated
to the proprietor and that offers units containing, at a minimum,
one unfinished room, a private bathroom, a kitchenette and a lockable
door on the unit entrance.
Shall mean a household that has been certified by an Administrative
Agent as a low-income household or moderate-income household.
Shall mean the Council on Affordable Housing, which is in,
but not of, 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.).
Shall mean the State of New Jersey Department of Community
Affairs.
Shall mean 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.
Shall mean 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.
Shall mean the division of a parcel of land into two (2)
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.
Shall mean a development containing both affordable units
and market rate units. 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.
Shall mean a household with a total gross annual household
income equal to fifty (50%) percent or less of the median household
income.
Shall mean a restricted unit that is affordable to a low-income
household.
Shall mean 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.
Shall mean housing not restricted to low- and moderate-income
households that may sell or rent at any price.
Shall mean the median income by household size for the applicable
county, as adopted annually by COAH.
Shall mean a household with a total gross annual household
income in excess of fifty (50%) percent but less than eighty (80%)
percent of the median household income.
Shall mean a restricted unit that is affordable to a moderate-income
household.
Shall mean 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.
Shall mean 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).
Shall mean the maximum housing value in each housing region
affordable to a four-person household with an income of eighty (80%)
percent of the regional median as defined by COAH's adopted Regional
Income Limits published annually by COAH.
Shall mean the repair, renovation, alteration or reconstruction
of any building or structure, pursuant to the Rehabilitation Subcode,
N.J.A.C. 5:23-6.
Shall mean 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.
Shall mean 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.
Shall mean the Uniform Housing Affordability Controls set
forth in N.J.A.C. 5:80-26.1 et seq.
Shall mean a household with a total gross annual household
income equal to thirty (30%) percent or less of the median household
income.
Shall mean a restricted unit that is affordable to a very
low-income household.
Shall mean 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.
[Ord. No. 2009-19 § 3; Ord. No. 2016-7 §§ 2-5]
The Borough of Rockleigh has determined that it will use the
following mechanisms to satisfy its affordable housing obligations:
a.
Accessory Apartment Program.
1.
All accessory apartments shall meet the following conditions:
(a)
Accessory apartments are permitted by the Zoning Ordinance for
various zoning districts, provided the units are affordable to very
low- and moderate-income households.
[Ord. No. 2016-7 § 2]
(b)
Accessory apartments shall comply with all applicable statutes
and regulations of the State of New Jersey in addition to all building
codes.
(c)
At the time of initial occupancy of the unit and for ten (10)
years thereafter pursuant to N.J.A.C. 5:97-6.8c(1), the accessory
apartment shall be rented only to a household which is either a very
low or moderate-income household.
[Ord. No. 2016-7 § 3]
(d)
Rents of accessory apartments shall be affordable to very low
or moderate-income households as per COAH and UHAC regulations, or
such other regulations as may be in force and in effect under applicable
law.
[Ord. No. 2016-7 § 3]
(e)
There shall be a recorded deed or declaration of covenants and
restrictions applied to the property upon which the accessory apartment
is located running with the land and limiting its subsequent rental
or sale of the unit and the accessory apartment.
(f)
The appropriate utility authority must certify that there is
water and sewer infrastructure with sufficient capacity to serve the
proposed accessory apartment. Where the proposed location is served
by an individual well and/or septic system, the additional capacity
necessitated by the new unit must meet the appropriate NJDEP standards.
(g)
The Borough of Rockleigh accessory apartment program shall not
restrict the number of bedrooms in any accessory apartment. In addition
the Borough shall strive and use its best efforts so that an accessory
apartment shall have either two (2) or three (3) bedrooms.
[Ord. No. 2016-7 § 3]
(h)
No accessory apartment created as a result of this section or
these regulations shall exceed the gross floor area of the existing
principal dwelling on the lot.
(i)
Municipal building permit fees shall be waived in all cases
involving affordable accessory apartment development under this section.
An annual license and inspection fee, if required, shall be paid by
unit owners.
2.
The maximum number of creditable accessory apartments shall be five
(5) units as may be approved by the Superior Court of New Jersey in
a Judgment of Repose.
[Ord. No. 2016-7 § 4]
3.
The Borough of Rockleigh shall designate an administrative entity
to administer the accessory apartment program that shall have the
following responsibilities:
(a)
The Administrative Agent shall administer the accessory apartment
program, including advertising, income qualifying prospective renters,
setting rents and annual rent increases, maintaining a waiting list,
distributing the subsidy, securing certificates of occupancy, qualifying
properties, handling application forms, filing deed restrictions and
monitoring reports and affirmatively marketing the affordable accessory
apartment program in accordance with the UHAC.
(b)
The administrative entity shall only deny an application for
an accessory apartment if the project is not in conformance with COAH's
requirements and/or the provisions of this section. All denials shall
be in writing with the reasons clearly stated.
(c)
In accordance with COAH requirements, or any successor agency
or entity, the Borough of Rockleigh shall provide at least thirty-five
thousand ($35,000.00) dollars per unit to subsidize the creation of
very-low income accessory apartment or twenty thousand ($20,000.00)
dollars per unit to subsidize the creation of each moderate-income
accessory apartment.
[Ord. No. 2016-7 § 5]
4.
Property owners wishing to apply to create an accessory apartment
shall submit to the administrative entity.
(a)
A sketch of floor plan(s) showing the location, size and relationship
of both the accessory apartment and the primary dwelling within the
building or in another structure;
(b)
Rough elevations showing the modifications of any exterior building
facade to which changes are proposed; and
(c)
A site development sketch showing the location of the existing
dwelling and other existing buildings; all property lines; proposed
addition, if any, along with the minimum building setback lines; the
required parking spaces for both dwelling units; and any manmade conditions
which might affect construction.
[Ord. No. 2009-15 § 11; Ord. No. 2016-7 §§ 6, 7]
The following general guidelines apply to all newly constructed
developments that contain low- and moderate-income household 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 fifty (50%) percent of the
restricted units within each bedroom distribution shall be low-income
units.
3.
Affordable developments that are not age-restricted shall be structured
in conjunction with realistic market demands such that:
(a)
The combined number of efficiency and one-bedroom units shall
be no greater than twenty (20%) percent of the total low- and moderate-income
units;
(b)
At least thirty (30%) percent of all low- and moderate-income
units shall be two-bedroom units;
(c)
At least twenty (20%) percent of all low- and moderate-income
units shall be three-bedroom units; and
(d)
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
4.
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 and N.J.A.C. 5:97-3.14.
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 (1) 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 and N.J.A.C. 5:97-3.14, or evidence that the Borough has collected
funds from the developer sufficient to make ten (10%) percent 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 building of restricted units shall deposit
funds within the Borough of Rockleigh's affordable housing unit
trust fund sufficient to install accessible entrances in ten (10%)
percent of the affordable units that have been constructed with adaptable
entrances.
(3)
The funds deposited under paragraph (1) above shall be used
by Rockleigh for the sole purpose of making the adaptable entrance
of any affordable unit accessible when requested to do so by a person
with 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 Borough of Rockleigh.
(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
N.J.A.C. 5:97-3.14, and that the cost estimate of such conversion
is reasonable, payment shall be made to the Borough of Rockleigh's
affordable housing trust fund in care of the Chief Financial Officer
who shall ensure that the funds are deposited into the 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 and N.J.A.C.
5:97-3.14.
c.
Maximum Rents and Sales Prices.
1.
In estimating rents and sales prices of affordable units, the administrative
agent shall follow the procedures set forth in UHAC or any successor
agency or entity, utilizing the regional income limits established
by COAH or any successor agency.
[Ord. No. 2016-07 § 6]
2.
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
sixty (60%) percent of median income, and the average rent for restricted
low- and moderate-income units shall be affordable to households earning
no more than fifty-two (52%) percent of median income.
3.
The developers and/or municipal sponsors of restricted rental units
shall establish at least one (1) rent for each bedroom type for both
low- and moderate-income units.
(a)
At least thirteen (13%) percent of all low- and moderate-income
rental units shall be affordable to households earning no more than
thirty (30%) percent of median income.
[Ord. No. 2016-07 § 7]
|
**Note: N.J.S.A. 52:27D-329.1 (P.L. 2008, c. 46) includes the
requirement that all municipal fair share plans provide for the reservation
of at least thirteen (13%) percent of the affordable units for very
low-income households., i.e. households earning thirty (30%) percent
or less of the median income. The new statute states that the requirement
is not project-specific. Each municipality's version of this
section must reflect the determinations made in the Fair Share Plan
as to the percentage of units necessary for very low-income units
in rental projects. Additional incentives to subsidize the creation
of affordable housing available to very low-income households may
be included in the zoning section of this Code or specified in a developer's
or redeveloper's agreement.
|
4.
The maximum sales price of restricted ownership units within each
affordable development shall be affordable to households earning no
more than seventy (70%) percent of median income and each affordable
development must achieve an affordability average of fifty-five (55%)
percent for restricted ownership units; in achieving this affordability
average, moderate-income ownership units must be available for at
least three (3) different prices for each bedroom type, and low-income
ownership units must be available for at least two (2) 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 ninety-five
(95%) percent 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 twenty-eight
(28%) percent 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 thirty (30%) percent of the eligibility 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 lower than the last
recorded purchase price.
10.
The rent of low- and moderate-income units may be increased annually
based on the percentage increase in the Housing Consumer Price Index
for the United States. This increase shall not exceed nine (9%) percent
in any one (1) 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.
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.
|
The following general guidelines apply to all developments
that contain low- and moderate-income housing units, including any
currently unanticipated future developments that will provide low-
and moderate-income housing units.
|
[Ord. No. 2009-15 § 5; Ord. No. 2016-7 § 8]
a.
Rockleigh shall adopt by resolution an Affirmative Marketing Plan,
subject to approval of COAH, compliant with N.J.A.C. 5:80-26.15, as
may be amended and supplemented.
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 COAH Housing Region 6 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 COAH Housing Region 1
comprised of Bergen, Hudson, Passaic and Sussex.
[Ord. No. 2016-7 § 8]
d.
The Administrative Agent designated by the Borough of Rockleigh 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 (4) 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 Rockleigh.
[Ord. No. 2009-15 § 6]
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.
[Ord. No. 2009-15 § 7]
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 section until the Borough of Rockleigh 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 thirty (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 non-exempt sale after the unit's
release from the requirements of this section, 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 section 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.
[Ord. No. 2009-15 § 10]
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 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.
[Ord. No. 2009-15 § 11]
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 fifty (50%) percent
of median income and moderate-income ownership units shall be reserved
for households with a gross household income less than eighty (80%)
percent 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 thirty-three (33%) percent of the household's certified
monthly income.
[Ord. No. 2009-15 § 10]
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 ninety-five (95%) percent 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).
[Ord. No. 2009-15 § 11]
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 section until the Borough of Rockleigh elects to release the
unit from such requirements pursuant to action taken in compliance
with N.J.A.C. 5:80-26.1, 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, as may be amended and supplemented,
for at least thirty (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 Bergen. A copy of the filed document shall be provided
to the Administrative Agent within thirty (30) days of the receipt
of a Certificate of Occupancy.
c.
A restricted rental unit shall remain subject to the affordability
controls of this section, despite the occurrence of any of the following
events:
[Ord. No. 2009-15 § 12]
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 five (5%) percent 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 section.
[Ord. No. 2009-15 § 13]
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 thirty (30%) percent
of median income.
2.
Low-income rental units shall be reserved for households with a gross
household income less than or equal to fifty (50%) percent of median
income.
3.
Moderate-income rental units, shall be reserved for households with
a gross household income less than eighty (80%) percent 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 provided for the unit does not exceed thirty-five
(35%) percent (forty (40%) percent 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 his limit may be exceeded if one or more of the following
circumstances exists:
1.
The household currently pays more than thirty-five (35%) percent
(forty (40%) percent 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 thirty-five (35%) percent
(forty (40%) percent 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 paragraph b1 through 5 above with
the Administrative Agent, who shall counsel the household on budgeting.
[Ord. No. 2009-15 § 14;
adopted 12/29/09; Ord. No. 2016-7 §§ 9-11]
a.
The position of Municipal Housing Liaison (MHL) for Rockleigh is
established by this section. The Governing Body 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 Rockleigh.
2.
The person appointed as the MHL must be reported by COAH for approval.
3.
The MHL must meet all COAH requirements for qualifications, including
initial and periodic training.
4.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Borough
of Rockleigh, 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 Borough
of Rockleigh's Fair Share Plan;
(e)
Compiling, verifying and submitting annual reports as required
by the Court;
[Ord. No. 2016-7 § 9]
(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 Court.
[Ord. No. 2016-7 § 9]
b.
The Borough of Rockleigh shall designate by resolution of the Governing
Body, subject to the approval of COAH, one (1) or more Administrative
Agents to administer newly constructed affordable units in accordance
with N.J.A.C. 5:96, N.J.A.C. 5:97 and UHAC.
c.
An Operating Manual shall be provided by the Administrative Agent(s)
to be adopted by resolution of the Governing Body and subject to approval
of the Court. 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).
[Ord. No. 2016-7 § 10]
d.
The Administrative Agent shall perform the duties and responsibilities
of an administrative agent as are set forth in the UHAC and which
are described in full detail in the Operating Manual, including those
set forth in N.J.A.C. 5:80-26.14, 16 and 18 thereof, which includes:
1.
Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved
by COAH;
2.
Affirmative Marketing;
3.
Household Certification;
4.
Affordability Controls;
5.
Records retention;
6.
Resale and rerental;
7.
Processing requests from unit owners; and
8.
Enforcement, though the ultimate responsibility for retaining controls
on the units rests with the municipality.
9.
The Administrative Agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities, hereunder.
e.
The Borough of Rockeigh has adopted a Housing Element and Fair Share
Plan which has been endorsed by the Mayor and Council. The following
reporting shall be required by the Borough in connection with the
issuance of a Final Judgment of Compliance and Repose:
1.
On the first anniversary of the entry of the Order granting Rockleigh
a Final Judgment of Compliance and Repose in In the Matter of the
Application of the Borough of Rockleigh, a Municipal Corporation of
the State of New Jersey, Docket No. BER—5761-15, and every anniversary
thereafter through the end of the Repose period, the Borough shall
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 and posted on the municipal website, using forms developed
for this purpose by the New Jersey Department of Community Affairs,
Council On Affordable Housing or Local Government Services. 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.
2.
On the first anniversary of the entry of the Order granting Rockleigh
a Final Judgment of Compliance and Repose in In the Matter of the
Application of the Borough of Rockleigh, a Municipal Corporation of
the State of New Jersey, Docket No. BER—5761-15, and every anniversary
thereafter through the end of the Repose period, the Borough shall
provide annual reporting of the status of all affordable housing activity
within the Borough through posting on the municipal website, with
copies provided to Fair Share Housing Center, the New Jersey State
Conference of the NAACP, the Latino Action Network, and the Bergen
County Chapter of the NAACP. Such reporting shall be by using forms
previously developed for this purpose by the Council On Affordable
Housing or any other forms endorsed by the Court-Appointed Special
Master and Fair Share Housing Center.
3.
For the midpoint realistic opportunity review due on July 1, 2020,
as required pursuant to N.J.S.A. 52:27D-313, the Borough shall post
on its municipal website, with copies provided to Fair Share Housing
Center, the New Jersey State Conference of the NAACP, the Latino Action
Network, and the Bergen County Chapter of the NAACP, 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. Such posting shall invite any interested party to submit
comments to the municipality, with copies provided to the above named
groups and organizations, regarding whether any sites no longer present
a realistic opportunity and should be replaced. Any interested party
may by motion request a hearing before the Court regarding these issues.
4.
For the review of very low income housing requirements required by
N.J.S.A. 52:27D-329.1, within thirty (30) days of the third anniversary
of the entry of the Order granting Rockleigh a Final Judgment of Compliance
and Repose in In the Matter of the Application of the Borough of Rockleigh,
a Municipal Corporation of the State of New Jersey, Docket No. BER—5761-15,
and every third year thereafter, the Borough will post on its municipal
website, with copies provided to Fair Share Housing Center, the New
Jersey State Conference of the NAACP, the Latino Action Network, and
the Bergen County Chapter of the NAACP, a status report as to its
satisfaction of its very low income requirement, including the family
very low income requirement referenced in the Housing Element and
Fair Share Plan. Such posting shall invite any interested party to
submit comments to the municipality, with copies provided to the above
named groups and organizations, on the issue of whether the municipality
has complied with its very low income housing obligation.
[Ord. No. 2009-15 § 15]
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 sixty (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 the 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 two thousand ($2,000.00) dollars or
imprisonment for a period not to exceed ninety (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 Borough of Rockleigh 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 (2) 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.
[Ord. No. 2009-15 § 16; Ord. No. 2016-7 § 12]
Appeals from all decisions of an Administrative Agent designated
pursuant to this section shall be filed in writing with the appropriate
agency or party having jurisdiction.
[Ord. No. 07-09 § 1]
The purpose of this section is to create the administrative
mechanisms needed for the execution of Rockleigh's responsibility
to assist in the provision of affordable housing pursuant to the Fair
Housing Act of 1985.
[Ord. No. 07-09 § 2]
As used in this section:
Shall mean the entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
Rockleigh to ensure that the restricted units under administration
are affirmatively marketed and sold or rented, as applicable, only
to low- and moderate-income households.
Shall mean the employee charged by the Governing Body with
the responsibility for oversight and administration of the affordable
housing program for Rockleigh.
[Ord. No. 07-09 § 3; Ord. No. 2016-7 § 13]
a.
Establishment of Position of Municipal Housing Liaison. There is
hereby established the position of Municipal Housing Liaison for Rockleigh.
b.
Subject to the approval of the Court, the Municipal Housing Liaison
shall be appointed by the Governing Body and may be a full- or part-time
municipal employee.
[Ord. No. 2016-7 § 13]
c.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for Rockleigh,
including the following responsibilities which may not be contracted
out, exclusive of paragraph c6 which may be contracted out:
1.
Serving as Rockleigh's primary point of contact for all inquiries
from the State, affordable housing providers, Administrative Agents,
and interested households;
2.
Monitoring the status of all restricted units in Rockleigh's
Fair Share Plan;
3.
Compiling, verifying, and submitting annual reports as required by
the Court.
[Ord. No. 2016-7 § 13]
4.
Coordinating meetings with affordable housing providers and Administrative
Agents, as applicable;
5.
Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved
by the Court or any approved party or agency.
[Ord. No. 2016-7 § 13]
6.
If applicable, serving as the Administrative Agent for some or all
of the restricted units in Rockleigh as described in paragraph f below.
d.
Subject to approval by the Court, Rockleigh may contract with or
authorize a consultant, authority, government or any agency charged
by the Council, which entity shall have the responsibility of administering
the affordable housing program of Rockleigh, except for those responsibilities
which may not be contracted out pursuant to paragraph c above. If
Rockleigh contracts with another entity to administer all or any part
of the affordable housing program, including the affordability controls
and Affirmative Marketing Plan, the Municipal Housing Liaison shall
supervise the contracting Administrative Agent.
[Ord. No. 2016-7 § 13]
e.
Compensation. Compensation shall be fixed by the Governing Body at
the time of the appointment of the Municipal Housing Liaison.
f.
Administrative Powers and Duties Assigned to the Municipal Housing
Liaison.
1.
Affirmative Marketing.
(a)
Conducting an outreach process to insure affirmative marketing
of affordable housing units in accordance with the Affirmative Marketing
Plan of Rockleigh and the provisions of N.J.A.C. 5:80-26.15; and
(b)
Providing counseling or contracting to provide counseling services
to low- and moderate-income applicants on subjects such as budgeting,
credit issues, mortgage qualifications, rental lease requirements,
and landlord/tenant law.
2.
Household Certification.
(a)
Soliciting, scheduling, conducting and following-up on interviews
with interested households;
(b)
Conducting interviews and obtaining sufficient documentation
of gross income and assets upon which to base a determination of income
eligibility for a low- or moderate-income unit;
(c)
Providing written notification to each applicant as to the determination
of eligibility or noneligibility;
(d)
Requiring that all certified applicants for restricted units
execute a certificate substantially in the form, as applicable, of
either the ownership or rental certificates set forth in Appendices
J and K of N.J.A.C. 5:80-26.1 et seq.;
(e)
Creating and maintaining a referral list of eligible applicant
households living in the housing region and eligible applicant households
with members working in the housing region where the units are located;
and
(f)
Employing the random selection process as provided in the Affirmative
Marketing Plan of Rockleigh when referring households for certification
to affordable units.
3.
Affordability Controls.
(a)
Furnishing to attorneys or closing agents forms of deed restrictions
and mortgages for recording at the time of conveyance of title of
each restricted unit;
(b)
Creating and maintaining a file on each restricted unit for
its control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate;
(c)
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the appropriate
County's Register of Deeds or County Clerk's Office after
the termination of the affordability controls for each restricted
unit;
(d)
Communicating with lenders regarding foreclosure; and
(e)
Ensuring the issuance of continuing certificates of occupancy
or certifications pursuant to N.J.A.C. 5:80-26.10.
4.
Resale and Rental.
(a)
Instituting and maintaining an effective means of communicating
information between owners and the Administrative Agent regarding
the availability of restricted units for resale or rental; and
(b)
Instituting and maintaining an effective means of communicating
information to low- and moderate-income households regarding the availability
of restricted units for resale or rerental.
5.
Processing Request from Unit Owners.
(a)
Reviewing and approving requests from owners of restricted units
who wish to take out home equity loans or refinance during the term
of their ownership;
(b)
Reviewing and approving requests to increase sales prices from
owners of restricted units who wish to make capital improvements to
the units that would affect the selling price, such authorizations
to be limited to those improvements resulting in additional bedrooms
or bathrooms and the cost of central air-conditioning systems; and
(c)
Processing requests and making determinations on requests by
owners of restricted units for hardship waivers.
6.
Enforcement.
(a)
Securing annually lists of all affordable housing units for
which tax bills are mailed to absentee owners and notifying all such
owners that they must either move back to their unit or sell it;
(b)
Securing from all developers and sponsors of restricted units,
at the earliest point of contact in the processing of the project
or development, written acknowledgment of the requirement that no
restricted unit can be offered, or in any other way committed, to
any person, other than a household duly certified to the unit by the
Administrative Agent;
(c)
The posting annually in all rental properties, including two-family
homes, of a notice as to the maximum permitted rent together with
the telephone number of the Administrative Agent where complaints
of excess rent can be made;
(d)
Sending annual mailings to all owners of affordable dwelling
units, reminding them of the notices and requirements outlined in
N.J.A.C. 5:80-26.18(d)4;
(e)
Establishing a program for diverting unlawful rent payments
to the municipality's affordable housing trust fund or other
appropriate municipal fund approved by the DCA;
(f)
Creating and publishing a written operating manual, as approved
by COAH, setting forth procedures for administering such affordability
controls; and
(g)
Providing annual reports to COAH as required.
7.
The Administrative Agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
