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. The housing element
outlines the method(s) by which the municipality will meet its housing
obligation.
A.
The Borough of Berlin's rehabilitation program shall be designed
to renovate deficient housing units occupied by low- and moderate-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.
The municipality shall continue to participate in the Home Improvement
Program for owner-occupied dwellings with Camden County and the renter-occupied
rehabilitation program for landlords per interlocal services agreement
with the county until at least such time as the municipality's
rehabilitation obligation is met.
B.
Both owner-occupied and renter-occupied units shall be 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 Borough of Berlin shall dedicate an average minimum of $10,000
of hard construction costs for each unit to be rehabilitated.
E.
The Borough of Berlin shall adopt a resolution committing to fund
any shortfall in the rehabilitation programs in the event that the
Camden County Home Improvement Program has insufficient funds to undertake
the required rehabilitation of dwellings within the Borough of Berlin.
F.
Berlin Borough shall designate one or more administrative agents
to administer the rehabilitation program in accordance with N.J.A.C.
5:96 and N.J.A.C. 5:97. The administrative agent(s) shall provide
a rehabilitation manual for the owner occupancy rehabilitation program
and a rehabilitation manual for the rental occupancy rehabilitation
program to be adopted by resolution of the governing body and subject
to approval of COAH, to the degree that said agency requires such
approval. Any rehabilitation manual shall be available for public
inspection in the Office of the Municipal Clerk and in the office(s)
of the administrative agent(s).
G.
Units in a rehabilitation program shall be exempt from N.J.A.C. 5:97-9
and 5:80-26.1 et seq. 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 pursuant to 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 pursuant to N.J.A.C. 5:97-9 and UHAC.
(3)
Rents in rehabilitated units may increase annually based on the standards
in N.J.A.C. 5:97-9.
(4)
Applicant and/or tenant households shall be certified as income-eligible
in accordance with 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.
A market-to-affordable program is established to permit the purchase or subsidization of units through a written agreement with the property owner and sold or rented to low- and moderate-income households. Subject to the provisions of Subsection B(3) below, the market-to-affordable programs may produce both low- and moderate-income units (the program may be limited to only low- or only moderate-income units as per the Fair Share Plan).
B.
The following provisions shall apply to market-to-affordable programs:
(1)
At the time they are offered for sale or rental, eligible units may
be new, preowned or vacant.
(2)
The units shall be certified to be in sound condition as a result
of an inspection performed by a licensed building inspector.
(3)
The municipality will provide a minimum of $25,000 per unit to subsidize
each moderate-income unit and/or $30,000 per unit to subsidize the
each low-income unit, with additional subsidy depending on the market
prices or rents in a municipality.
(4)
The maximum number of creditable market to affordable units shall
be equal to no more than 10 for sale units and 10 rental units or
a combined total of 10% of the fair share obligation, whichever is
greater. (Additional units may be approved by COAH if the municipality
demonstrates the successful completion of its initial market-to-affordable
program.)
C.
The units shall comply with N.J.A.C. 5:97-9 and UHAC with the following
exceptions:
(1)
Bedroom distribution [N.J.A.C. 5:80-26.3(b) and (c)];
(2)
Low-moderate-income split [N.J.A.C. 5:80-26.3(a)]; and
(3)
Affordability average [N.J.A.C. 5:80-26.3(d) and (e)]; however:
(a)
The maximum rent for a moderate-income unit shall be affordable
to households earning no more than 60% of median income, and the maximum
rent for a low-income unit shall be affordable to households earning
no more than 44% of median income; and
(b)
The maximum sales price for a moderate-income unit shall be
affordable to households earning no more than 70% of median income,
and the maximum sales price for a low-income unit shall be affordable
to households earning no more than 40% of median income.
A.
Inclusionary development within the Borough of Berlin shall comport
with the minimum requirements of N.J.A.C. 5:97-6.4 except when altered
by court order and settlement agreement. Inclusionary developments
by court order include the following cases:
(1)
Robert E. Marshall v. The Borough of Berlin, the Mayor and Council
of the Borough of Berlin, and the Planning Board of the Borough of
Berlin, Docket No. L-9716-95, 28 affordable units.
(2)
Haverhill, a New Jersey Partnership, v. The Borough of Berlin, a
municipal corporation of the State of New Jersey, the Borough Council
of the Borough of Berlin, the Planning Board of the Borough of Berlin,
and the Camden County Municipal Utilities Authority, Docket No. L-017539-85,
40 age-restricted affordable units.
(3)
Nexus Properties, Inc. v. The Borough of Berlin, and the Planning
Board of the Borough of Berlin, Docket No. L-2285-06, 71 affordable
units.
(4)
Armstrong Capital, LLC, v. Borough of Berlin, a municipal corporation
of the State of New Jersey, located in Camden County, New Jersey;
Township Committee (sic) of the Borough of Berlin; and the Berlin
Borough Planning Board, Docket No. L-4287-06, 20 affordable units.
