[Added by Ord. No. 16-1997; amended 5-16-2011 by Ord. No.
21-2011; 9-19-2022 by Ord. No. 27-2022]
B.
The Township of Livingston Planning Board has adopted a Housing Element
and Fair Share Plan ("HEFSP") pursuant to procedural requirements
in the Municipal Land Use Law.[1] The HEFSP has been endorsed by resolution adopted by the
Township Council. The HEFSP describes the ways the Township of Livingston
intends to address its fair share obligation for lower-income housing
consistent with prior regulations of the Council on Affordable Housing
(COAH) and applicable legal principles and as documented in the HEFSP.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
C.
This Article XIV implements and incorporates the HEFSP and addresses the requirements of former N.J.A.C. 5:97, as may be superseded, amended and supplemented.
D.
The Township of Livingston will continue to file monitoring reports
with COAH and/or any successor state agency consistent with former
N.J.A.C. 5:96, tracking the status of implementation of the HEFSP.
Any evaluation report of the HEFSP and monitoring prepared by COAH
and/or any successor state agency consistent with former N.J.A.C.
5:96 shall be available to the public at the Township of Livingston
Municipal Building, Township Clerk's Office, 357 S. Livingston Avenue,
Livingston, New Jersey.
The following terms, when used in this Article XIV, shall have the meanings given in this section:
The Fair Housing Act of 1985, P.L. 1985, c. 222, as amended
(N.J.S.A. 52:27D-301 et seq.).
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity responsible for administration of affordable units in accordance with this Article XIV, former N.J.A.C. 5:96, former N.J.A.C. 5:97 and N.J.A.C. 5:80-26.1 et seq.
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which affordable
units in an affordable housing development are affordable to lower-income
households.
A sales price or rent within the Means of a lower-income
household as defined in former 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.
A housing development, all or a portion of which consists
of affordable units.
A development included in the HEFSP, and includes, but is
not limited to, an inclusionary development, a municipal construction
project or a 100% affordable development.
Any mechanism in the HEFSP prepared or implemented to address
Livingston Township's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited
pursuant to former N.J.A.C. 5:97-4, approved by court order, and/or
funded through an affordable housing trust fund, 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.
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 residents of the development where the unit is situated
are either 62 years or order or are a couple, one of whom is of such
age; or 2) at least 80% of the units are occupied by one or more persons
55 years or older; or 3) the development has been designated by the
Secretary of the U.S. Department of Housing and Urban Development
as "housing for older persons" as defined in Section 807(b)(2) of
the Fair Housing Act, 42 U.S.C. § 3607.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A facility licensed by the New Jersey Department of Health
and Senior Services to provide apartment-style housing and congregate
dining and to assure that assisted living services are available when
needed for four or more adult persons unrelated to the proprietor
and that offers units containing, at a minimum, one unfurnished room,
a private bathroom, a kitchenette and a lockable door on the unit
entrance.
A household that has been certified by the administrative
agent as a lower-income household.
The Council on Affordable Housing, which was established
by the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that
require the repair or replacement of a major system. A major system
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load-bearing structural systems.
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development, including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
A development containing both affordable units and market-rate
units. This term includes, but is not necessarily limited to, new
construction, the conversion of a nonresidential structure to residential,
and the creation of new affordable units through the reconstruction
of a vacant residential structure.
A household with a total gross annual household income equal
to 50% or less of the median household income.
An affordable unit that is affordable to a low-income household.
Collectively, very-low-income, low-income and moderate-income.
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building, including,
but not limited to, weatherization, roofing, plumbing (including wells),
heating, electricity, sanitary plumbing (including septic systems),
lead paint abatement or load-bearing structural systems.
Housing not restricted to lower-income households that may
sell or rent at any price.
The median income by household size for the applicable housing
region, as adopted annually by COAH or other governmental agency or
nonprofit entity.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
An affordable unit that is affordable to a moderate-income
household.
Any sale or transfer of ownership other than: the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a Class A
beneficiary; and the transfer of ownership by court order.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by COAH's adopted regional income limits published annually
by DCA.
The repair, renovation, alteration or reconstruction of any
building or structure pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-
paid utilities computed in accordance with allowances published by
DCA for its Section 8 program. In assisted living residences, rent
does not include charges for food and services.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income.
Means an affordable unit that is affordable to a very-low-income
household.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for rehabilitation.
The Township of Livingston has determined that it will address
its ongoing affordable housing obligation by use of the following
mechanisms:
C.
Rental bonus credits.
D.
Supportive and special needs housing units.
E.
Assisted living facilities.
F.
Credits for completed housing rehabilitation.
G.
Credits for completed affordable housing units for senior citizens.
H.
Credits for previously performed regional contribution agreements.
I.
Any other approved mechanism as set forth in the HEFSP.
A.
The Township of Livingston's rehabilitation program is designed to
renovate deficient housing units occupied by lower-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.
B.
Both owner-occupied and renter-occupied units are eligible for rehabilitation
funds.
C.
All rehabilitated 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.
D.
The Township of Livingston has dedicated a minimum of $10,000 for
each unit to be rehabilitated through this program, reflecting the
minimum hard cost of rehabilitation for each unit.
E.
The Township of Livingston has designated one or more administrative
agents to administer the rehabilitation program consistent with former
N.J.A.C. 5:96 and former N.J.A.C. 5:97. The administrative agent shall
provide a rehabilitation manual for the owner occupancy rehabilitation
program and a rehabilitation manual for the rental occupancy rehabilitation
program. Both rehabilitation manuals shall be available for public
inspection in the office of the Township Clerk and in the office(s)
of the administrative agent(s).
F.
Units in a rehabilitation program shall be exempt from former N.J.A.C.
5:97-9 and the Uniform Housing Affordability Controls (UHAC), but
shall be administered in accordance with the following:
(1)
If a unit is vacant upon initial rental subsequent to rehabilitation,
or if a renter-occupied unit is rerented 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 consistent with former N.J.A.C. 5:97-9
and UHAC.
(2)
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 consistent with former N.J.A.C. 5:97-9
and UHAC.
(3)
Rents in rehabilitated units may increase annually consistent
with the standards in former N.J.A.C. 5:97-9.
(4)
Applicant and/or tenant households shall be certified as income-eligible
consistent with former N.J.A.C. 5:97-9 and UHAC, except that households
in owner-occupied units shall be exempt from the regional asset limit.
A.
The Township of Livingston previously adopted ordinances that created
the following inclusionary zoning districts:
B.
Livingston Township has recently created additional inclusionary
development zoning districts to implement the 2021 HEFSP as follows:
(1)
R-5L Residence Overlay District (§ 170-104.7): 3.57-acre property permitting inclusionary development at 20.2 units per acre to provide up to 72 total units, including a 20% set-aside of 14 affordable units (Block 6101, Lots 25 and 26).
(2)
R-5M Residence District (§ 107-104.8): 6.67-acre property
permitting up to 71 total residential units, subject to a 20% set-aside
of 14 affordable housing units ("AH Zone"; Block 107, Lot 8.01).
(3)
R-5N Residence District (§ 170-104.9): zoning permitting residential development at a net density of 14 dwelling units per acre, subject to a 20% set-aside for affordable housing, providing up to 45 total dwelling units including nine affordable units (Block 6001, Lot 2).
(4)
R-5O Residence District (§ 170-104.11): 1.79-acre property permitting townhouse and apartment development at a gross density of 18 units per acre, subject to a 20% set-aside of six affordable housing units (Lots 62 and 63).
(5)
R-5P Residence District (§ 107-104.10): 2.73-acre
property permitting up to two affordable housing units (Block 1304,
Lot 23).
(6)
R-5Q Residence District (§ 170-104.13): zoning permitting development at a net density of 15 dwelling units per acre, subject to a 20% set-aside for affordable housing, providing up to 100 total dwelling units, including 20 affordable units (Block 6100, Lot 5).
(7)
R-5R Residence District (§ 170-104.14): 6.5-acre property permitting up to 39 total residential units, subject to a 20% set-aside of eight affordable housing units (Block 6101 Lot 2).
(8)
630 NJSH Route 10 Overlay District Redevelopment Plan (approved
by Ord. No. 19-2021): Authorize mixed-use development of sixteen-acre
property to permit up to a total of 300 residential units to be developed
on not less than 8.7 acres of the site, subject to a 20% set-aside
for affordable housing, with 13% of the affordable units being affordable
for very-low-income households. Approximately 7.3 acres will be retained
for institutional/educational use. (Block 100, Lot 3).
(9)
MU-2 Mixed-Use District (§ 107-104.12): zoning permitting
mixed-use development of up to 12 dwelling units per acre, subject
to a 20% set-aside to provide up to 10 affordable housing units (Block
101, Lots 3 and 4).
(10)
RIAO District (§ 170-106.1): zoning of approximately sixteen-acre site (of which 1.75 acres may be retained for church use) at a gross density of 16 units per acre, subject to a 20% affordable housing set-aside of 45 units. Development would be adult senior housing requiring at least 80% of the units to be occupied by a head of household 55 years of age or older (Block 2100, Lots 22 to 25 and 35.01 to 35.03).
C.
In addition, all new development on any other contiguous property
in Livingston Township involving multifamily residential development
of five units or more shall be subject to an affordable housing component
as follows:
(1)
An affordable housing set-aside of 15% for rental units.
(2)
An affordable housing set-aside of 20% for sale units.
(3)
Any fractional affordable housing requirement may be addressed
by a contribution to the Township Affordable Housing Trust Fund in
an amount calculated based on $100,000 multiplied by the fractional
affordable housing requirement as calculated to two decimal points.
Fifty percent of the required payment shall be provided upon issuance
of the first building permit and 50% shall be provided upon issuance
of the first certificate of occupancy.
D.
Phasing. In inclusionary developments the following phasing schedule
shall be followed:
|
Percentage of Market-Rate Units Completed
|
Minimum Percentage of Affordable Units Completed
|
|---|---|
|
25%
|
0%
|
|
25% + 1 unit
|
10%
|
|
50%
|
50%
|
|
75%
|
75%
|
|
90%
|
100%
|
E.
Design. In inclusionary developments, to the maximum extent possible,
affordable units shall be integrated with the market-rate units.
F.
Utilities. Affordable units shall utilize the same type of heating
source as market-rate units within any inclusionary development.
G.
Amenities. Affordable units shall have access to the same amenities
and facilities as market-rate units within any inclusionary development.
The following guidelines apply to all newly constructed developments
that contain lower-income housing units, including any currently unanticipated
future developments that will provide lower-income housing units.
These requirements shall be equally applicable to rental and for-sale
affordable units.
A.
Low/moderate unit 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. The allocation of low-income units shall include very-low-income
units in an amount equal to 13% of the total number of all lower-income
units.
(2)
In each development, at least 50% of the affordable units within
each bedroom distribution shall be low-income units.
(3)
Unit size distribution in non-age-restricted developments.
(a)
Developments that are not age-restricted shall be structured
in conjunction with realistic market demands such that:
[1]
The combined number of efficiency and one-bedroom
units shall be no greater than 20% of the total lower-income units;
[2]
At least 30% of all lower-income units shall be
two-bedroom units;
[3]
At least 20% of all lower-income units shall be
three-bedroom units; and
[4]
The remaining lower-income units may be allocated
among two- and three-bedroom units at the discretion of the developer.
(b)
This distribution of unit sizes based on the number of bedrooms
shall be equally applicable to very-low-income units.
(4)
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age- restricted
lower-income units within the inclusionary development. This 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 affordable townhouse dwelling units and
all affordable 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 former N.J.A.C. 5:97-3.14.
(2)
All affordable townhouse dwelling units and all affordable units
in other multistory buildings in which an affordable 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 and N.J.A.C. 5:97-3.14, or evidence that the Township of Livingston
has collected funds from the developer sufficient to make 10% of the
adaptable entrances in the development accessible.
(3)
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.
(4)
Except for affordable townhouse dwelling units, every building
of more than two stories shall have a passenger elevator.
C.
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 COAH
or other governmental agency or nonprofit entity.
(2)
The maximum rent for affordable rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for affordable 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 affordable rental
units shall establish at least one rent for each bedroom type for
both low-income and moderate-income units.
(4)
At least 13% of all affordable units shall be affordable to
households earning no more than 30% of median income.
(5)
The maximum sales price of affordable 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 affordable 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.
(6)
In determining the initial sales prices and rents for compliance
with the affordability average requirements for affordable 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.
(7)
In determining the initial rents for compliance with the affordability
average requirements for affordable units in assisted living facilities,
the following standards shall be used:
(8)
The initial purchase price for all affordable 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
homeowners' association fees, does 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.
(9)
The initial rent for an affordable 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.
(10)
The price of owner-occupied lower-income units may increase
annually based on the percentage increase in the regional median income
limit for the housing region. In no event shall the maximum resale
price established by the administrative agent be lower than the last
recorded purchase price.
(11)
The rent of lower-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 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.
(12)
Utilities. Tenant-paid utilities that are included in the utility
allowance shall be so stated in the lease and shall be consistent
with the utility allowance approved by DCA for its Section 8 program.
A.
The Township of Livingston has adopted an affirmative marketing plan
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 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 COAH Housing Region 2
comprised of Essex, Morris, Union and Warren Counties.
D.
The administrative agent designated by the Township of Livingston
shall assure the affirmative marketing of all affordable units is
consistent with the affirmative marketing plan.
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, income eligibility determinations and related administrative
actions related to the occupancy of affordable units shall be the
responsibility of the developer, sponsor or owner, unless otherwise
determined or agreed to by the Township of Livingston.
H.
All affordable housing units that must be affirmatively marketed
shall be listed on the Housing Resource Center website.
A.
In referring certified households to specific affordable 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 Township Operating Manual.
A.
Control periods for affordable ownership units shall be in accordance with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each affordable ownership unit shall remain subject to the requirements of this Article XIV until the Township of Livingston elects to release the unit from such requirements. Prior to such an election, an affordable 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 an affordable 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
an affordable ownership unit and upon each successive sale during
the period of affordable ownership, the administrative agent shall
determine the affordable 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 XIV, an amount equal to the difference between the unit's nonaffordable fair market value and its affordable 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 XIV shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to affordable ownership units.
F.
An affordable 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 expiration of the applicable minimum
control period provided under N.J.A.C. 5:80-26.5(a), as may be amended
and supplemented.
Price restrictions for affordable 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 an affordable 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 condominium association fee amounts
and special assessments shall be indistinguishable between the affordable
unit owners and the market-rate unit owners.
D.
The owners of affordable ownership units may apply to the administrative
agent to increase the maximum sales price for the unit on the basis
of capital improvements. Eligible capital improvements shall be those
that render the unit suitable for a larger household or the addition
of a bathroom.
A.
Buyer income eligibility for affordable 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.
B.
The administrative agent shall certify a household as eligible for
an affordable 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 homeowners' association fees, as applicable) does
not exceed 33% of the household's certified monthly income.
A.
Prior to incurring any indebtedness to be secured by an affordable
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 an affordable ownership
unit to exceed 95% of the maximum allowable resale price of that unit,
as such price is determined by the administrative agent in accordance
with N.J.A.C. 5:80-26.6(b).
A.
Control periods for affordable rental units shall be in accordance with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and each affordable rental unit shall remain subject to the requirements of this Article XIV until the Township of Livingston 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. Prior to such an election, an affordable 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 30 years.
B.
Deeds of all real property that include affordable 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 receipt of a certificate
of occupancy.
A.
A written lease shall be required for all affordable 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 affordable
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 affordable 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 XIV.
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
an affordable rental unit when the household is a very-low-income
household, 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 affordable 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-affordable 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-affordable units) of eligible monthly income for
rent in the past and has proven its ability to pay;
(3)
The household is currently in substandard or overcrowded living
conditions;
(4)
The household documents the existence of assets with which the
household proposes to supplement the rent payments; or
(5)
The household documents proposed third-party assistance from
an outside source such as a family member in a form acceptable to
the administrative agent and the owner of the unit.
A.
The position of Municipal Housing Liaison (MHL) for the Township of Livingston is hereby reconfirmed by this Article XIV. The Township Manager shall make the actual appointment of the MHL.
B.
The MHL must be either a full-time or part-time employee of the Township
of Livingston, with additional compensation to be provided from the
Township Affordable Housing Trust Fund.
C.
Appointment of the MHL will be reported to COAH or any successor
state agency for approval.
D.
The MHL must meet all requirements of COAH or any successor state
agency for qualifications, including initial and periodic training.
E.
The MHL shall be responsible for oversight and administration of
the affordable housing program for the Township of Livingston, including
the following responsibilities which may not be contracted out to
the administrative agent:
(1)
Serving as the Township's primary point of contact for all inquiries
from the state, affordable housing providers, administrative agents
and interested households;
(2)
Implementation of the affirmative marketing plan and affordability
controls;
(3)
When applicable, supervising any contracting administrative
agent;
(4)
Monitoring the status of all affordable units in the Township
HEFSP;
(5)
Compiling, verifying and submitting annual reports as required
by COAH or any successor state agency;
(6)
Coordinating meetings with affordable housing providers and
administrative agents, as applicable; and
(7)
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing as offered
or approved by COAH or any successor state agency.
A.
The Township of Livingston shall designate by resolution of the Township
Council, subject to the approval of COAH or any successor state agency,
one or more administrative agents to administer newly constructed
affordable units in accordance with former N.J.A.C. 5:96, former N.J.A.C.
5:97 and UHAC.
B.
The administrative agent shall perform the duties and responsibilities
of an administrative agent as are set forth in UHAC and described
in full detail in the Operating Manual, including those set forth
in N.J.A.C. 5:80-26.14, 26.16 and 26.18 thereof, which includes:
(1)
Attending continuing education opportunities on affordability
controls, compliance monitoring, and affirmative marketing as offered
or approved by COAH or any successor state agency;
(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 Township.
C.
The administrative agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
A.
Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an owner, developer or tenant, the Township
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 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 lower-income unit and advising the owner, developer
or tenant of the penalties for such violations, the Township 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 Township 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 $2,000 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,
rather than a continuing offense;
(b)
In the case of an owner who has rented his or her lower-income
unit in violation of the regulations governing affordable housing
units, payment into the Township of Livingston 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 lower-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 Township may file a court action in the Superior Court seeking
a judgment which would result in 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 lower-income unit.
C.
Such judgment shall be enforceable, at the option of the Township,
by means of an execution sale by the Sheriff, at which time the lower-income
unit of the violating owner shall be sold at a sales price that 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 Township, 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
lower-income unit. The excess, if any, shall be applied to reimburse
the Township 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 Township 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 Township 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 Township 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 Township for such balance. Failure of the owner to claim
such balance within the two-year period shall automatically result
in a forfeiture of such balance to the Township. Any interest accrued
or earned on such balance while being held in escrow shall belong
to and shall be paid to the Township, whether such balance shall be
paid to the owner or forfeited to the Township.
E.
Foreclosure by the Township 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 lower-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 Article XIV 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 Township may acquire title to the lower-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 lower-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 lower-income unit to be either sold at the Sheriff's
sale or acquired by the Township shall obligate the owner to accept
an offer to purchase from any qualified purchaser who may be referred
to the owner by the Township, with such offer to purchase being equal
to the maximum resale price of the lower-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 governing affordable housing
units until such time as title is conveyed by the owner.
Appeals from all decisions of an administrative agent designated pursuant to this Article XIV shall be filed, in writing, with the Executive Director of COAH or any successor state agency.
