For all low and moderate income housing units provided in inclusionary developments, the borough of Bogota shall establish occupancy such that initially no more than fifty (50%) percent of the units are made available to income eligible households that reside in the borough, or work in the borough and reside elsewhere.

The Borough of Bogota shall have primary responsibility for developing and implementing an Affirmative Marking Program that addresses the occupancy preference requirements in N.J.A.C. 5:92-15.1, or direct developer/sponsors to prepare such a program. The borough shall either require developers and/or sponsors of low and moderate income housing to market, screen, offer occupancy and select income eligible households accordingly, perform this responsibility themselves, establish an agency to perform on their behalf and/or enter into an agreement with outside agents. This Affirmative Marking Program shall identify representative groups operating in the municipality and its respective housing region. The developer and/or sponsor of low and moderate income housing shall actively market these units to appropriate representative groups, as specified in the Affirmative Marking Program.

The Affirmative Marketing Program shall commence at least ninety (90) days before issuance of either temporary or permanent certificates of occupancy, and shall continue until all low and moderate income housing units are under contract of sale and/or lease.

For initial occupancy priority, households shall be screened for occupancy preference as required in N.J.A.C. 5:92-15.1. These households shall be offered contracts of sale and/or least first and before other income eligible households. When fifty (50%) percent of the housing units have been purchased or leased, according to N.J.A.C. 5:92-15.1, the remaining income eligible applicants, not yet under contract, shall be pooled and offered contracts.

Within all rounds of applicant selection, random selection of eligible applicants should prevail.

The Borough of Bogota shall prepare progress reports on an eighteen (18) month cycle from the date of substantive certification. These shall be made available to the public and filed with the Council on Affordable Housing. These reports shall provide an analysis of the actual characteristics of households occupying low and moderate income units compared to the occupancy preference in N.J.A.C. 5:92-15.1.

Three (3) and six (6) years from substantive certification, the Borough of Bogota shall prepare summary reports of their affirmative marking programs. If applicable, the borough shall recommend improvements to redress their record of occupancy preference to reflect requirements in N.J.A.C. 5:92-15.1.

Where the affirmative marking regulations of the U.S. Department of Housing and Urban Development, the New Jersey Department of Community Affairs and/or the New Jersey Housing and Mortgage Finance Agency are applicable, the affirmative marking regulations of these agencies shall be applicable.