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Avalon City Zoning Code

§ 27-11.21

Administrative Agent.

[Amended 3-11-2026 by Ord. No. 899-2026]
All municipalities that have created or will create affordable housing programs and/or affordable units shall designate or approve, for each project within its HEFSP, an administrative agent to administer the affordable housing program and/or affordable housing units in accordance with the requirements of the FHA, N.J.A.C. 5:99-1 et seq. and UHAC.
The fees for administrative agents shall be paid as follows:
Administrative agent fees related to rental units shall be paid by the developer/owner.
Administrative agent fees related to initial sale of units shall be paid by the developer.
Administrative agent fees related to resales shall be paid by the seller of the affordable home.
Administrative agent fees related to ongoing administration and enforcement shall be paid by the municipality.
An operating manual for each affordable housing program shall be provided by the Administrative Agent(s). The operating manual(s) shall be available for public inspection in the office of the Clerk and in the office(s) of the Administrative Agent(s). Operating manuals shall be adopted by resolution of the governing body.
Subject to the role of the Administrative Agent(s), the duties and responsibilities as are set forth in N.J.A.C. 5:99-7 and which are described in full detail in the operating manual, including those set forth in UHAC, include:
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Division;
Affirmative marketing:
Conducting an outreach process to affirmatively market affordable housing units in accordance with the affirmative marketing plan of the municipality and the provisions of N.J.A.C. 5:80-26.16.
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.
Household certification.
Soliciting, scheduling, conducting and following up on interviews with interested households.
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;
Providing written notification to each applicant as to the determination of eligibility or non-eligibility within five (5) days of the determination thereof.
Requiring that all certified applicants for restricted units execute a certificate substantially in the firm, as applicable, of either the ownership or rental certificates set forth in the Appendices J and K of N.J.A.C. 5:80-26.1 et seq.
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.
Employing a random selection process as provided in the affirmative marketing plan when referring households for certification to affordable units.
Affordability controls.
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for the recording at the time of conveyance of title of each restricted unit.
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and filed properly with the County Register of Deeds or County Clerk's office after the termination of the affordability controls for each restricted unit in accordance with UHAC.
Communicating with lenders and the Municipal Housing Liaison regarding foreclosures.
Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.11.
Records retention.
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded recapture mortgage, and note, as appropriate.
Records received, retained, retrieved, or transmitted in furtherance of crediting affordable units of a municipality constitute public records of the municipality as defined by N.J.S.A. 47:3-16, and are legal property of the municipality.
Resales and re-rentals.
Instituting and maintaining an effective means of communicating information between owners and the Administrative Agent regarding the availability of restricted units for resale or re-rental.
Instituting and maintaining an effective means of communicating information to very-low-, low-, or moderate-income households regarding the availability of restricted units for resale or re-rental.
Processing requests from unit owners.
Reviewing and approving requests from owners of restricted units who wish to refinance or take out home equity loans during the term of their ownership to determine that the amount of indebtedness to be incurred will not violate the terms of this section.
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 depreciated cost of central air conditioning systems.
Notifying the municipality of an owner's intent to sell a restricted unit.
Making determinations on requests by owners of restricted units for hardship waivers.
Enforcement.
Securing annually from the municipality a list of all affordable ownership units for which property tax bills are mailed to absentee owners, and notifying all such owners that they must either move back to their unit or sell it;
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;
Sending annual mailings to all owners of affordable dwelling units reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.19(d)4;
Establishing a program for diverting unlawful rent payments to the municipal Affordable Housing Trust Fund; and
Creating and publishing a written operating manual for each affordable housing program administered by the Administrative Agent setting forth procedures for administering the affordability controls.
The Administrative Agent(s) shall, as delegated by the municipality, have the authority to take all actions necessary and appropriate to carry out its/their responsibilities, herein.