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Avalon City Zoning Code

§ 27-11.15

Tenant Income Eligibility.

[Ord. No. 775-2018 § 27-11.4]
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 thirty (30%) percent of median income.
2. 
Low-income rental units shall be reserved for households with a gross household income less than or equal to fifty (50%) percent of median income.
3. 
Moderate-income rental units shall be reserved for households with a gross household income less than eighty (80%) percent of median income.
b. 
The Administrative Agent shall certify a household as eligible for a restricted rental unit when the household is a very low-income, low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed thirty-five (35%) percent (forty (40%) percent for age-restricted 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 thirty-five (35%) percent (forty (40%) percent for households eligible for age-restricted 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 thirty-five (35%) percent (forty (40%) percent for households eligible for age-restricted 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.
c. 
The applicant shall file documentation sufficient to establish the existence of the circumstances in b1 through 5 above with the Administrative Agent, who shall counsel the household on budgeting.