Township of West Caldwell, NJ
Essex County
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Table of Contents
Table of Contents
[Ord. No. 1750]
The purpose of this chapter is to create the administrative mechanisms needed for the execution of Township of West Caldwell’s responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.
[Ord. No. 1750]
For purposes of this chapter, the following terms shall have the meaning indicated:
ADMINISTRATIVE AGENT
Shall mean the entity(ies) or person(s) responsible for administering the affordability controls in all units of the affordable housing program of Township of West Caldwell in order to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low — and moderate-income households.
MUNICIPAL HOUSING LIAISON
Shall mean the employee charged by the Governing Body with the responsibility for oversight and administration of the affordable housing program for the Township of West Caldwell.
[Ord. No. 1750]
a. 
Position Established. There is hereby established the position of Municipal Housing Liaison for the Township of West Caldwell.
b. 
Appointment. Subject to the approval of the New Jersey Council on Affordable Housing (COAH), the Municipal Housing Liaison shall be appointed by the Governing Body and may be a full or part-time municipal employee.
c. 
Powers and Duties. The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Township of West Caldwell, including the following responsibilities:
1. 
Serving as the Township of West Caldwell’s primary point of contact for all inquiries from the state, affordable housing providers, Administrative Agents, and interested households;
2. 
Monitoring the status of all restricted units in the Township of West Caldwell’s Fair Share Plan;
3. 
Compiling, verifying, and submitting annual reports as required by COAH;
4. 
Coordinating meetings with affordable housing providers and Administrative Agents, as applicable;
5. 
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH;
6. 
Overseeing the Administrative Agent(s) for all restricted units in the Township of West Caldwell as described in subsection 23-1.4 below.
7. 
Create and maintain a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;
8. 
Ensure 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;
9. 
Ensure the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10;
10. 
Communicate with lenders regarding foreclosures;
11. 
Institute and maintain an effective means of communicating information between owners and the Administrative Agent regarding the availability of restricted units for resale or rental;
12. 
Institute and maintain an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or rerental;
13. 
Establish a program for diverting unlawful rent payments to the municipality’s affordable housing trust fund or other appropriate municipal fund approved by the DCA;
14. 
Create and publish written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls; and
15. 
Providing annual reports to COAH as required.
d. 
Compensation. Compensation shall be fixed by the Governing Body at the time of the appointment of the Municipal Housing Liaison.
e. 
Subject to approval by COAH, the Township of West Caldwell may contract with or authorize a consultant, authority, government or any agency charged by the Governing Body, which entity shall have the responsibility of administering the affordable housing program of the Township of West Caldwell, except for those responsibilities which may not be contracted out pursuant to paragraph c above. If the Township of West Caldwell contracts with another entity or person 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(s).
[Ord. No. 1750]
a. 
There is hereby established the position of Administrative Agent(s) for the Township of West Caldwell.
b. 
Administrative powers and duties assigned to the Administrative Agent(s) shall include the following:
1. 
Affirmative marketing.
(a) 
Conducting an outreach process to insure affirmative marketing of affordable housing units in accordance with the Affirmative Marketing Plan of the Township of West Caldwell 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 qualification, 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 the Township of West Caldwell 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;
4. 
Processing request from unit owners.
(a) 
Reviewing and approving request 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.
5. 
Enforcement.
(a) 
Securing annually lists of all affordable housing units for which tax bills are mailed to absentee owners and notifying all such owners that they must either move back to their unit or sell it;
(b) 
Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the Administrative Agent;
(c) 
The posting annually in all rental properties, including two-family homes, of a notice as to the maximum permitted rent together with the telephone number of the Administrative Agent where complaints of excess rent can be made;
(d) 
Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.S.A. 5:80-26.18(d)4;
6. 
The Administrative Agent(s) shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.
[Ord. No. 2014-1765]
a. 
The seller of any affordable housing unit as a condition and requirement for such transfer shall be responsible for paying the fee and current charge and expense due to the Administrative Agent designated by the Township responsible for processing such request and the required application for transfer under the Township’s Affordable Housing Program, ordinances, and related requirements.
b. 
No building permit or certificate of occupancy shall be issued unless or until such development fee or administrative reimbursement, as applicable as set forth above, is paid to the Affordable Housing Administrator and/or to the Township.