[HISTORY: Adopted by the Township Committee of the Township of Middle 8-21-2006
by Ord. No. 1231-06.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Development fees — See Ch. 116.
Discrimination — See Ch. 117.
Housing standards — See Ch. 164.
[1]
Editor's Note: This ordinance also repealed former Ch. 25, Housing
Authority, adopted 10-18-1979 by Ord. No. 379-79.
In accordance with the provisions of the New Jersey Local Housing Authorities
Law (N.J.S.A. 55:14A-1 et seq.), there is hereby created a body corporate
and politic to be known as the "Housing Authority of the Township of Middle,"
hereinafter referred to as the "Authority."
A.
The Authority shall consist of seven members, who shall
be known as "Commissioners" and who shall be appointed and hold office for
terms hereinafter provided. The Township Committee shall appoint five Commissioners
of the Authority, and the Mayor shall appoint one Commissioner.
B.
The Commissioners first appointed shall be designated
to serve for the following terms: one for a term of one year, one for a term
of two years, one for a term of three years, one for a term of four years
and two for terms of five years, and until their respective successors are
appointed and have qualified. After the initial appointments, Commissioners
so appointed shall hold office for a term of five years and until their respective
successors are appointed and have qualified, except that all vacancies shall
be filled for the unexpired term.
C.
Immediately upon final adoption of this chapter, a copy
thereof shall be sent to the Administrator of the New Jersey Public Housing
and Development Authority, which Administrator is hereafter referred to as
the "Director." The Director shall, on receipt of notification of the creation
of a Housing Authority, appoint one member thereof who shall hold office at
his pleasure. The person appointed by the Director shall be entitled to vote
as a member of the Authority and shall be entitled to all other privileges
of membership on the Authority. The Director may remove such person and designate
a new person at any time and fill the vacancy caused by the removal, death
or resignation of such person.
The Authority shall have and exercise all the powers necessary or convenient
to carry out the purposes of the New Jersey Local Housing Authorities Law,[1] including but not limited to the following:
A.
To sue and be sued; to have a seal and to alter the same
at pleasure; to have perpetual succession; to make and execute contracts and
other instruments necessary or convenient to the exercise of the powers of
the Authority; and to make and from time to time amend and repeal bylaws,
rules and regulations, not inconsistent with the provisions of this chapter
or the provisions of any other law, to carry into effect the powers and purposes
of the Authority.
B.
Within its area of operation, to prepare, carry out,
acquire, lease and operate housing projects and to provide for the construction,
reconstruction, improvement, alteration or repair of any housing project or
any part thereof.
C.
To arrange or contract, in the manner which is now or
may in the future be prescribed by law concerning municipalities, except as
otherwise provided by the rules or regulations of the federal government,
for the furnishing by any person or agency, public or private, of services,
privileges, works or facilities for or in connection with a housing project
or the occupants thereof and, notwithstanding anything to the contrary contained
herein or any other provision of law, to agree to any conditions attached
to federal financial assistance relating to the determination of prevailing
salaries or wages or to the payment of not less than prevailing salaries or
wages or to compliance with labor standards in the development or administration
of projects and to include in any contract let in connection with a project
stipulations requiring that the contractor and any subcontractors comply with
requirements as to minimum wages and maximum hours of labor and comply with
any conditions which the federal government may have attached to its financial
aid of the project.
D.
To lease or rent any dwellings, houses, accommodations,
lands, buildings, structures or facilities embraced in any housing project
and, subject to the limitations contained herein or the limitations contained
in any other provision of law, to establish and revise the rents or charges
therefor, to own, hold and improve real or personal property; to purchase,
lease, obtain options upon or acquire, by gift, grant, bequest, devise or
otherwise, any real or personal property or any interest therein; to acquire
by the exercise of the power of eminent domain any real property; to sell,
lease, exchange, transfer, assign, pledge or dispose of any real or personal
property or any interest therein; to insure or provide for the insurance of
any real or personal property or operations of the Authority against any risks
or hazards; and to procure or agree to the procurement of insurance or guaranties
from the federal government of the payment of any bonds or parts thereof issued
by an authority, including the power to pay premiums on any such insurance.
E.
To invest any funds held in reserve or sinking funds,
or any funds not required for immediate disbursement, in property or securities
in which savings banks may legally invest funds subject to its control and
to purchase its bonds at a price not more than the principal amount thereof
and accrued interest, all bonds so purchased to be canceled.
F.
Within its area of operation, to investigate into living,
dwelling and housing conditions and into the means and methods of improving
such conditions; to determine where slum areas exist or where there is a shortage
of decent, safe and sanitary dwelling accommodations for persons of low income;
to make studies and recommendations relating to the problem of clearing, replanning
and reconstructing slum areas and the problem of providing dwelling accommodations
for persons of low income and to cooperate with any public body in action
taken in connection with such problems; and to engage in research, studies
and experimentation on the subject of housing.
G.
To acquire by the exercise of the power of eminent domain
any real property which it may deem necessary for its purposes under this
chapter after the adoption by it of a resolution declaring that the acquisition
of the real property described therein is necessary for such purposes. Property
already devoted to a public use may be acquired in like manner, provided that
no real property belonging to a public body or corporation, itself possessing
the power of eminent domain, may be acquired without its consent.
H.
To issue bonds from time to time, in its discretion,
for any of its corporate purposes. The Authority shall also have the power
to issue refunding bonds for the purpose of paying or retiring bonds previously
issued by it. The Authority may issue such types of bonds as it may determine,
including, without limiting the generality of the foregoing, bonds on which
the principal and interest are payable exclusively from the income and revenues
of the housing project financed with the proceeds of such bonds, exclusively
from the income and revenues of certain designated housing projects whether
or not they are financed in whole or in part with the proceeds of such bonds,
or from its revenues generally. Any such bonds may be additionally secured
by a pledge of any grant or contributions from the federal government or other
source or a pledge of any income or revenues of the Authority or a mortgage
of any housing project, projects or other property of the Authority.
I.
To borrow money or accept contributions or capital grants
from the federal government to assist in its undertaking redevelopment projects.
The Authority may do any and all things necessary or desirable to secure such
financial aid for redevelopment projects, including obligating itself in any
contract with the federal government for financial assistance to convey to
the federal government the project to which said contract relates upon the
occurrence of a substantial default thereunder, in the same manner as it may
do to secure such aid in connection with slum clearance and housing projects
under the provisions of the New Jersey Local Housing Authorities Law.[2]
[2]
Editor's Note: See N.J.S.A. 55:14A-1 et seq.
[1]
Editor's Note: See N.J.S.A. 55:14A-1 et seq.
A.
Not more than one Commissioner of the Authority may be
an officer or employee of the Township of Middle. All Commissioners shall
hold office until their successors have been appointed and have qualified.
A certificate of the appointment or reappointment of any Commissioner shall
be filed with the Township Clerk, and such certificate shall be conclusive
evidence of the due and proper appointment of such Commissioner. A Commissioner
shall receive no compensation for his services, but he shall be entitled to
the necessary expenses, including traveling expenses, incurred in the discharge
of his duties. The powers of the Authority shall be vested in the Commissioners
thereof in office from time to time.
B.
Four members shall constitute a quorum of the Authority
for the purpose of conducting its business and exercising its powers and for
all other purposes. Action may be taken by the Authority upon the affirmative
vote of the majority, but not less than three of the Commissioners present
unless, in any case, the bylaws of the Authority shall require a larger number.
C.
The Authority shall select a Chairman and a Vice Chairman
from among its Commissioners, and it may employ a Secretary, who shall be
executive director, technical experts and such other officers, agents and
employees, permanent and temporary, as it may require and shall determine
their qualifications, duties and compensation. For such legal services as
it may require, the Authority may call upon the Township Attorney or may employ
its own counsel and legal staff. The Authority may delegate to one or more
of its agents or employees such powers and duties as it may deem proper.
D.
No Commissioner or employee of the Authority shall acquire
any interest, direct or indirect, in any housing project or in any property
included or planned to be included in the project, nor shall he have any interest,
direct or indirect, in any contract or proposed contract for materials or
services to be furnished or used in connection with any housing project. If
any Commissioner or employee of the Authority owns or controls an interest,
direct or indirect, in any property included or planned to be included in
a housing project, he immediately shall disclose the same, in writing, to
the Authority, and such disclosure shall be entered upon the minutes of the
Authority. Failure so to disclose such interest shall constitute misconduct
in office. Upon such disclosure such Commissioner or employee shall not participate
in any action by the Authority affecting such property.
E.
For inefficiency or neglect of duty or misconduct in
office, a Commissioner of the Authority may be removed by the Township Committee,
but a Commissioner shall be removed only after he shall have been given a
copy of the charges at least 10 days prior to the hearing thereon and had
an opportunity to be heard in person or by counsel. In the event of the removal
of any Commissioner, a record of the proceedings, together with the charges
and findings thereon, shall be filed in the office of the Township Clerk.
All housing projects of the Authority, including all property comprising
such housing projects, are hereby declared to be public property devoted to
an essential public and governmental purpose. All such public property devoted
to such a public purpose shall be exempt from all taxes and special assessments
of the state or any political subdivision thereof as long as such public property
remains under exclusive control and jurisdiction of the Authority or the Township
of Middle; provided, however, that, in lieu of such taxes, the Authority may
agree to make payments to the Township of Middle for the services, improvements
or facilities furnished by it for the benefit of a housing project, but in
no event shall such payments exceed the amount last levied as the annual tax
of the Township of Middle upon the property included in said project prior
to the time of its acquisition by the Authority or by the Township of Middle.
The purpose of this article is to create the administrative mechanisms
needed for the execution of Middle Township's responsibility to assist
in the provision of affordable housing pursuant to the Fair Housing Act of
1985.
As used in this article, the following terms shall have the meanings
indicated:
The entity responsible for administering the affordability controls
of some or all units in the affordable housing program for Middle Township
to ensure that the restricted units under administration are affirmatively
marketed and sold or rented, as applicable, only to low- and moderate-income
households.
The employee charged by the governing body with the responsibility
for oversight and administration of the affordable housing program for Middle
Township.
A.
Establishment of position of Municipal Housing Liaison.
There is hereby established the position of Municipal Housing Liaison for
Middle Township.
B.
Subject to the approval of the 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.
The Municipal Housing Liaison shall be responsible for
oversight and administration of the affordable housing program for Middle
Township, including the following responsibilities which may not be contracted
out:
(1)
Serving as Middle Township'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 Middle
Township'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;
D.
Subject to approval by COAH, Middle Township 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 Middle Township. If Middle Township 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.
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)
Instituting and maintaining an effective means of communicating
information for administrative agent for the purpose of conducting an outreach
process to ensure affirmative marketing of affordable housing units in accordance
with the affirmative marketing plan of Middle Township and the provisions
of N.J.A.C. 5:80-26.15; and
(b)
Instituting and maintaining an effective means of communicating
information for administrative agent to 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 Appendixes 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 Middle Township 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 foreclosures; 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 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.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)
Establishing a rent-to-equity program;
(g)
Creating and publishing a written operating manual, as
approved by COAH, setting forth procedures for administering such affordability
controls; and
(h)
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.
