Borough of Glassboro, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY Adopted by the Mayor and Council of the Borough of Glassboro 7-26-1988 by Ord. No. 88-21. Amendments noted where applicable.]
GENERAL REFERENCES
Housing Authority — See Ch. 68.
Development regulations and zoning — See Ch. 107.
Development fees — See Ch. 223.
Housing standards — See Ch. 285.
A. 
The Legislature of the State of New Jersey has, in the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., delegated the authority to local governments to adopt an ordinance to provide a realistic opportunity for sound shelter for low- and moderate-income households.
B. 
The Fair Housing Act also requires municipalities to adopt a housing element as part of the municipal Master Plan adopted pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., said housing element intended to outline the method(s) by which the municipality will meet its housing obligation.
A. 
The 1983 Mount Laurel II decision of the New Jersey Supreme Court (South Burlington County NAACP v. Mount Laurel, 92 NJ 158) has ruled that all New Jersey municipalities have a constitutional obligation to provide a fair share of low- and moderate-income housing needs of its region.
B. 
The Fair Housing Act created the New Jersey Council on Affordable Housing (COAH), which agency has provided published data on each municipality's fair-share obligation.
C. 
As required by the Fair Housing Act, Glassboro has amended its housing element as part of the Master Plan to establish the policy framework for this chapter.
D. 
The Borough of Glassboro has established, by ordinance, a Housing Trust Fund for the purpose of financing its rehabilitation program.
A. 
This chapter is intended to facilitate ways in which housing rehabilitation can be completed for low- and moderate-income households within the Borough of Glassboro in order for the Borough to meet its indigenous housing obligation.
B. 
It is intended to provide technical assistance to eligible homeowners for securing state or federal financial assistance for rehabilitating homes occupied by low- or moderate-income households.
C. 
It is intended to provide a vehicle for eligible homeowners to gain access to the loans and/or grants from the Borough's Housing Trust Fund established under this chapter.
D. 
It is intended that the funds from the Housing Trust Fund may be commingled with other funds from Borough, county, state or federal sources in order to maximize the assistance to low- and moderate-income households and to make the most meaningful improvements to deficient housing.
A. 
Words and phrases defined in the Fair Housing Act, the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) and in the Substantive Rules of COAH (N.J.A.C. 5:92-1.3) shall be incorporated in this chapter as if written herein.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
FAIR HOUSING PROGRAM
The procedures and provisions of this chapter.
GROSS INCOME
The total income of all members of the household, such as, but not limited to, wages, tips, interest, dividends and retirement programs.
HOUSING ADMINISTRATOR
The person hired or appointed to perform the duties outlined in § 249-7 of this chapter, who shall be the Director of the Community Development Block Grant Program unless a different person shall be hired or appointed by the Borough to perform these duties.
HOUSING TRUST FUND
The fund established in § 249-5 of this chapter.
LOW-INCOME HOUSEHOLD
A household with a gross income equal to less than 50% of the median gross household income for households of the same size for the Mercer/Burlington/Camden/Gloucester County region.
LOW-INCOME HOUSING
Housing affordable to, and occupied or reserved for, low-income households according to the Federal Department of Housing and Urban Development or other recognized standards for either home ownership or rental costs.
MODERATE-INCOME HOUSEHOLD
A household with a gross income equal to or more than 50%, but less than 80%, of the median gross household income for households of the same size for the Mercer/Burlington/Camden/Gloucester County region.
MODERATE-INCOME HOUSING
Housing affordable to, and occupied or reserved for, moderate-income households according to the Federal Department of Housing and Urban Development or other recognized standards for either home ownership or rental costs.
REHABILITATION
The restoration of a deficient dwelling unit to a safe and sanitary condition as provided for by this chapter.
ROOM
A living room, dining room, recreation room, kitchen and bedroom. Closets, bathrooms, cellars and attics shall be excluded, except where portions of cellars and attics may have been improved to meet housing and Building Code requirements for rooms.
A. 
Establishment of fund. There is hereby established in the Borough of Glassboro an interest-bearing account by the Borough known as the "Glassboro Housing Trust Fund" which shall have as its primary purpose the support of low- and moderate-income housing in the Borough of Glassboro in furtherance of the mandates of the Constitution of the State of New Jersey. The trustees of the Housing Trust Fund shall be the Borough Council of the Borough of Glassboro.
[Amended 12-26-1995 by Ord. No. 95-27]
B. 
General provisions.
(1) 
All moneys generated through the applicable provisions of the Borough's Development Regulations and Zoning Ordinance[1] and this chapter for the purpose of supporting the low- and moderate-income housing programs shall be paid into the Housing Trust Fund.
[1]
Editor's Note: See Ch. 107, Development Regulations and Zoning Ordinance.
(2) 
The Borough Council, in the name of the Housing Trust Fund, shall have the right to apply for and receive grants from any source to further the purposes of the Housing Trust Fund.
C. 
General powers. The Borough Council, acting as trustees of the Housing Trust Fund, shall have the following powers, provided that the expenditures are consistent with Chapter 223, Development Fees, and the spending plan approved by the New Jersey Council on Affordable Housing:
[Amended 12-26-1995 by Ord. No. 95-27]
(1) 
To authorize the Borough Treasurer to issue bonds and notes, to qualify for tax-exempt status, to invest funds and to expend funds to further the purposes of the Housing Trust Fund, restricted only by the laws of the State of New Jersey governing such funds.
(2) 
Where appropriate, to enter into contract(s) in accordance with applicable statutes for the construction, maintenance or rehabilitation of housing units occupied by low- or moderate-income households by way of loans and/or grants separate from or in conjunction with other governmental programs established for the same or similar purposes.
(3) 
To use the money generated from the Housing Trust Fund to:
(a) 
Build low- or moderate-income housing units itself or contract for construction of the same.
(b) 
Subsidize the construction of low- or moderate-income housing units.
(c) 
Subsidize the rent or purchase of housing units for low- or moderate-income households.
(d) 
Subsidize or construct infrastructure for the benefit of low- or moderate-income households.
(e) 
Transfer funds to other municipalities in the Borough's region as defined by the New Jersey Council on Affordable Housing under a regional contribution agreement as provided for in the Fair Housing Act.[2]
[2]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
(f) 
Subsidize the rehabilitation of existing substandard housing in Glassboro occupied by low- or moderate-income households or contract outright for such rehabilitation.
(g) 
Make grants to not-for-profit corporations, including governmental agencies, to provide low- or moderate-income housing or for them to undertake the rehabilitation of deficient housing units occupied by low- or moderate-income households.
(h) 
Provide additional funds as a grant or loan over and above any initial subsidies to a low- or moderate-income household in order to prevent foreclosure.
(i) 
Provide funds for costs of administration.
(j) 
Provide funds for planning and administering any other method of advancing affordable housing.
D. 
Termination of the Housing Trust Fund. The Borough may terminate the Housing Trust Fund when it is no longer needed for purposes of assisting low- and moderate-income housing needs in Glassboro. At the time of termination, any funds on hand not needed to retire outstanding debt or to pay outstanding bills shall be transferred to a not-for-profit organization within the State of New Jersey, including governmental agencies, created for the purpose of providing low- or moderate-income housing or assisting low- and/or moderate-income households in achieving decent housing, first within the region of which Glassboro is a part and second within the state. Any property owned by the Borough which was purchased with funds contributed for low- and/or moderate-income housing purposes, but not yet developed with low- and/or moderate-income housing, shall be sold at market rates, and the net proceeds shall be transferred to a not-for-profit organization as set forth above.
A. 
Eligibility. Only owners of dwelling units within Glassboro shall be eligible for the assistance offered by this chapter.
(1) 
The homeowner, as a member of either a low- or moderate-income household who lives in the dwelling unit to be rehabilitated, or a homeowner who rents a dwelling unit to either a low- or moderate-income household, shall be eligible for the assistance offered under this chapter, provided that the homeowner agrees to rent the rehabilitated dwelling unit to a low- or moderate-income household for the required minimum period of time. Proof of income of the household occupying the rehabilitated unit shall be required by the Housing Administrator.
(2) 
A dwelling unit proposed to be rehabilitated shall be considered deficient in accordance with N.J.A.C. 5:92 as determined by a Borough Inspection Official. To qualify as deficient, the unit must have a minimum of two of the following characteristics:
(a) 
Be constructed prior to 1940;
(b) 
Be occupied by more than one person per room;
(c) 
Not have a private entranceway to the dwelling unit;
(d) 
Not have exclusive access to complete plumbing facilities meeting the Health and Sanitary Codes of the Borough;
(e) 
Not have adequate kitchen facilities, such as piped water, a safe operating stove or an operating refrigerator; or
(f) 
Have structural weaknesses that violate the Borough Building Code.
(3) 
The rehabilitation will, upon completion, result in a safe and sound dwelling unit meeting all Health and Safety Code requirements as certified by a Borough Inspection Official through the issuance of a certificate of occupancy.
(4) 
The homeowner must agree, in writing, to comply with all requirements of this chapter and the rules and regulations established by COAH and other applicable ordinances of Borough of Glassboro at the time the agreement for the assistance offered by this chapter is signed.
B. 
Effect on homeowner. Homeowners who use the provisions of this chapter shall be entitled to the following rights and obligations:
(1) 
The right to apply for and receive special property tax assessment treatment in accordance with the recommendations of COAH.
(2) 
The obligation to place a deed restriction on the property specifying that only low- or moderate-income households may occupy the designated dwelling unit. The deed restriction shall take effect on the date the application is approved and money has been made available for the rehabilitation project. The deed restriction shall be in effect for the minimum six- or ten-year period required by COAH for the type of rehabilitation completed. The beginning of the restricted time period shall be from the date the certificate of occupancy is issued following completion of the rehabilitation work. Sale of the deed-restricted property shall not affect the deed restriction.
(3) 
The obligation to sell or rent the dwelling unit at prices within the range of affordability as set forth by COAH for the period of the deed restriction. Increases in the affordability controls may be granted by the Borough Council upon written application to and review by the Housing Administrator assuring compliance with COAH's requirements for changes in the affordability controls.
C. 
Priority for assistance. In the event that financial assistance is not available for every applicant, 50% of the available assistance shall be awarded to applications for low-income households in preference to applications for moderate-income households.
D. 
Penalties for noncompliance. No financial assistance from the Housing Trust Fund shall be dispersed to any applicant without full compliance with the requirements of this chapter and other applicable regulations. Any person who violates or who fails to comply with this chapter or the other applicable regulations shall be penalized no more than $1,000 and/or jailed no longer than one year and, as part of the penalty, shall make restitution of any and all funds paid from the Housing Trust Fund. Nothing herein shall prevent the Borough from taking such other lawful action as is necessary to prevent or remedy any violation.
A. 
Staff.
(1) 
Municipal Housing Liaison.
[Amended 8-28-2007 by Ord. No. 07-41]
(a) 
Purpose. The purpose of this subsection is to create the administrative mechanisms needed for the execution of the Borough of Glassboro’s responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.
(b) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
ADMINISTRATIVE AGENT
The entity responsible for administering the affordability controls of some or all units in the affordable housing program for the Borough of Glassboro 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
The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Borough of Glassboro.
(c) 
Establishment of Municipal Housing Liaison position and compensation; powers and duties.
[1] 
Establishment of Municipal Housing Liaison. There is hereby established the position of Municipal Housing Liaison for the Borough of Glassboro.
[2] 
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.
[3] 
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Borough of Glassboro, including the following responsibilities which may not be contracted out:
[a] 
Serving as the Borough of Glassboro’s primary point of contact for all inquiries from the state, affordable housing providers, administrative agents, and interested households;
[b] 
Monitoring the status of all restricted units in the Borough of Glassboro's Fair Share Plan;
[c] 
Compiling, verifying, and submitting annual reports as required by COAH;
[d] 
Coordinating meetings with affordable housing providers and administrative agents, as applicable;
[e] 
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH;
[f] 
If applicable, serving as the administrative agent for some or all of the restricted units in the Borough of Glassboro as described in Subsection A(1)(c)(6) below.
[4] 
Subject to approval by COAH, the Borough of Glassboro 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 Borough of Glassboro. If the Borough of Glassboro 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.
[5] 
Compensation. Compensation, if any, will be fixed by the governing body at the time of the appointment of the Municipal Housing Liaison.
[6] 
Administrative powers and duties assigned to the Municipal Housing Liaison.
[a] 
Affirmative marketing.
[i] 
Conducting an outreach process to insure affirmative marketing of affordable housing units in accordance with the Affirmative Marketing Plan of the Borough of Glassboro and the provisions of N.J.A.C. 5:80-26.15; and
[ii] 
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.
[b] 
Household certification.
[i] 
Soliciting, scheduling, conducting and following up on interviews with interested households;
[ii] 
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;
[iii] 
Providing written notification to each applicant as to the determination of eligibility or noneligibility;
[iv] 
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.;
[v] 
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
[vi] 
Employing the random selection process as provided in the Affirmative Marketing Plan of the Borough of Glassboro when referring households for certification to affordable units.
[c] 
Affordability controls.
[i] 
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;
[ii] 
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;
[iii] 
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;
[iv] 
Communicating with lenders regarding foreclosures; and
[v] 
Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
[d] 
Resale and rental.
[i] 
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
[ii] 
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.
[e] 
Processing requests from unit owners.
[i] 
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;
[ii] 
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
[iii] 
Processing requests and making determinations on requests by owners of restricted units for hardship waivers.
[f] 
Enforcement.
[i] 
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;
[ii] 
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;
[iii] 
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;
[iv] 
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;
[v] 
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;
[vi] 
Establishing a rent-to-equity program;
[vii] 
Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls; and
[viii] 
Providing annual reports to COAH as required.
[g] 
The administrative agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.
(2) 
The Borough Council shall appoint or hire an Inspection Official who shall perform the following duties:
(a) 
Determine the deficiencies of an applicant's dwelling unit, and submit the findings in writing to be kept on file as part of the application.
(b) 
Determine whether the proposed work to be performed meets the parameters of this chapter and whether the cost to complete that work is reasonable. Said determinations shall be in writing and kept on file as part of the application.
(c) 
Conduct appropriate, periodic inspections of the work being done and, when satisfactorily completed, issue a certificate of occupancy bearing the date the certificate was issued. A copy of the certificate shall be kept as part of the file on the application.
B. 
The Borough shall include in its annual budget sufficient funds to pay for the costs of administering this chapter. The money expended for preparing and implementing the Fair Housing Ordinance shall, in accordance with the Fair Housing Act, be considered a mandated expenditure exempt from the limitations on final appropriations imposed pursuant to P.L. 1976, c. 68 (N.J.S.A. 40A:4-45.1 et seq.).
C. 
Funding.
(1) 
The sources of funding to administer and implement this program shall include:
(a) 
State and federal programs.
(b) 
The Borough's Housing Trust Fund.
(c) 
Borough budget appropriations.
(2) 
State and federal funds shall be dispersed according to the rules and regulations of the agency administering the funds.
(3) 
Borough Housing Trust Funds shall be available for housing rehabilitation. The funds shall be dispersed as grants for rehabilitating deficient dwelling units owned and occupied by low-income households. The funds shall be dispersed as zero-interest loans for rehabilitating deficient dwelling units owned and occupied by moderate-income households or deficient dwelling units owned by an absentee landlord but occupied by either a low- or moderate-income household.
(4) 
Borough budget appropriations shall be limited to the administrative costs of the program.
A. 
Application. Application and other required forms shall be made available at the office of the Housing Administrator. Technical assistance shall be available from that office to assist applicants in completing and submitting an application. There shall be no fee for filing an application.
B. 
Review.
(1) 
The Housing Administrator shall determine the completeness of the application.
(2) 
Upon a determination of completeness, the Housing Administrator shall determine whether the applicant meets the eligibility criteria.
(3) 
Upon a determination that the applicant is eligible under the program, the Inspection Official shall inspect the property to determine whether it qualifies as deficient under this chapter.
(4) 
Upon a determination that the dwelling unit is deficient the Inspection Official shall prepare a written description of the work required to be completed in order to meet the criteria of this chapter and related Health and Safety Codes and submit a copy to the applicant and to the Housing Administrator to be kept as part of the applicant's file.
(5) 
Upon receipt of this description of the work required to be completed, the applicant shall:
(a) 
Indicate any discrepancies or omissions in writing to the Inspection Official. The Inspection Official shall review the applicant's comments and provide a written response, including any appropriate adjustments to the original report. A copy of this response shall be submitted to the applicant with a copy to the Housing Administrator to be kept as part of the applicant's file.
(b) 
Following the final determination of the work to be performed, seek a written proposal, together with the cost to complete the work, from an appropriate and qualified contractor(s), licensed or registered where required. This report shall be submitted to the Housing Administrator and the Inspection Official for review and approval.
C. 
Action on the application.
(1) 
Upon review of the contractor(s) written proposal and cost estimate, the Housing Administrator and Inspection Official shall either approve, disapprove or modify the proposal as might be appropriate to meet the requirements of the applicable ordinances and requirements of this program and the judgment of both as to the reasonableness of the cost. If the proposal is modified or disapproved, the applicant and the contractor may meet with the Housing Administrator and the Inspection Official to make appropriate modifications until the application is approved.
(2) 
Execution of contracts; guaranties.
(a) 
Upon approval of the work to be performed and the related cost, together with the eligibility of the applicant, all contracts shall be executed. Said contracts include:
[1] 
The contract between the applicant and the Borough and/or other governmental agencies covering the amount of the loan and/or grant, the purpose of the loan and/or grant, the deed restrictions and affordability controls, payback requirements for any loans, penalties for noncompliance and such other requirements of the program as required by law.
[2] 
The contract with the contractor outlining the work to be performed, the cost, the time of performance and any stages of work and billing.
(b) 
Each contract shall be accompanied by a guaranty, such as a bond or letter of credit from a lending institution, acceptable to the Borough Council. Said guaranty shall be in an amount equal to 110% of the amount of the contract. Projects involving funds from programs other than the Borough's Housing Trust Fund shall be indicated in the contract. Where there is more than one source of funding, payments from the Housing Trust Fund shall be made in accordance with the same schedule as payments from the other sources of funding, and the amount of each payment from the Housing Trust Fund shall be in the same proportion that the Housing Trust Fund represents of the total cost of the project.
(3) 
All contracts which require expenditures from the Borough Housing Trust Fund shall be made by the Borough to the contractor following satisfactory and timely completion of the work for which an invoice was submitted in accordance with the provisions of the contract outlined in Subsection C(2)(a)[2] above, and subject to certification by the Inspection Official that the work up to and including that stage of the payment has been satisfactorily completed. Any projects involving agreements with state and/or federal agencies for state and/or federal funding shall be conditioned upon the criteria of those agencies.
(4) 
Following completion of all the work, the Inspection Official shall inspect the dwelling unit and certify whether or not the work has been satisfactorily completed. If the work is sufficient, a certificate of occupancy shall be issued. If the work is insufficient, the contractor shall be notified and given 90 days to remedy the conditions cited. If the conditions are not corrected within 90 days, the Borough shall be authorized to either use the proceeds of the guaranty filed by the contractor or such other remedies as appropriate.