Englewood Cliffs City Zoning Code
§ 30-19B.15
Administration.
[Pursuant to a settlement agreement entered into between the Borough and the Fair Share Housing Center dated October 8, 2020 and conditioned upon approval from the Superior Court of the State of New Jersey. Borough document labeled Ord. No. 20-20.]
a.
The position of Municipal Housing Liaison (MHL) for the Borough of Englewood Cliffs is established by this section. The Borough shall make the actual appointment of the MHL by means of a resolution and to be approved by the Court.
1.
The MHL must be either a full-time or part-time employee of Englewood Cliffs.
2.
The person appointed as the MHL must be reported to the Court and thereafter posted on the Borough's website.
3.
The MHL must meet all the requirements for qualifications, including initial and periodic training, if such training is made available by COAH or the DCA.
4.
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Borough of Englewood Cliffs, including the following responsibilities which may not be contracted out to the Administrative Agent:
(a)
Serving as the municipality's primary point of contact for all inquiries from the State, affordable housing providers, Administrative Agents and interested households;
(b)
The implementation of the Affirmative Marketing Plan and affordability controls;
(c)
When applicable, supervising any contracting Administrative Agent;
(d)
Monitoring the status of all restricted units in the Borough's Fair Share Plan;
(e)
Compiling, verifying and submitting annual reports as required;
(f)
Coordinating meetings with affordable housing providers and Administrative Agents, as applicable; and
(g)
Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing as offered or approved by the Affordable Housing Professionals of New Jersey (AHPNJ), if such continuing education opportunities are made available by COAH or the DCA.
b.
The Borough of Englewood Cliffs shall designate by resolution of the Borough Council, subject to the approval of the Court, one or more Administrative Agents to administer newly constructed affordable units in accordance with N.J.A.C. 5:93 and UHAC.
c.
The Borough Administrative Agent shall monitor the designated Administrative Agent of the developer in the initial sales and rental transactions for very-low, low- and moderate- income dwellings in accordance with N.J.A.C. 5:80-26.14, as it may be amended or superseded. The developer's administrative agent shall have all of responsibilities as put forth in this rule. After the initial sales and rental transactions, the Borough Administrative Agent shall monitor the activities of the developer's or owner's Administrative Agent for any re-sales or re-rentals. If the person is the Borough's Administrative Agent, then he or she shall assume all of the duties and responsibilities set forth in N.J.A.C. 5:80-26.14 following the initial renting, sales and occupancy of low- and moderate-income dwellings. The affordability controls set forth in this section shall be administered and enforced by the Administrative Agent regardless of association. The primary responsibility of the Administrative Agent shall be to ensure that the restricted units are sold or rented, as applicable, only to very-low, low- and moderate-income households in accordance with the Fair Housing Act.
d.
The Administrative Agent, whether the Borough's representative, developer's agent, or a delegated agent, shall have the responsibility to income qualify low and moderate-income households, to place income eligible households in low- and moderate-income units upon initial occupancy, to provide for the initial occupancy of low- and moderate-income units with income qualified households, to continue to qualify households for re-occupancy of units as they become vacant during the period of affordability controls, to assist with advertising and outreach to low- and moderate-income households, and to enforce the terms of the deed restriction and mortgage loan. All Administrative Agents shall 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.
e.
Nothing herein shall preclude the Developer of the Municipally Sponsored Project or of any inclusionary project to ask the Borough to assent to the developer retaining its own administrative agent at its own expense and nothing shall prevent the Borough from granting its assent provided that the developer's Administrative Agent is a qualified and experienced Administrative Agent approved in advance by the Borough and the Court, and reports periodically to the Borough's Municipal Housing Liaison as that Liaison may require.
f.
The Municipal Housing Liaison shall supervise the work of the Administrative Agent(s) and shall coordinate his or her activities with the Borough Administrative Agent to ensure the accurate tracking of the progress of the occupancy of affordable housing in the municipality, answer inquiries regarding affordable housing from the public or direct same to the appropriate official or agency, and assist in the compliance with the affordable housing monitoring and reporting requirements of the Court and the Settlement Agreement.
g.
In order to ensure an orderly transfer of control responsibility from one Administrative Agent to another Administrative Agent, or other transfer, the requirements as set forth in N.J.A.C. 5:80-26.17 shall apply as are necessary before or during the transition. The Administrative Agent's enforcement responsibility for implementing such practices and procedures shall not be delegated or otherwise transferred to any other party, except to a successor administrative agent.
The Borough Administrative Agent shall keep records of the affirmative marketing activities undertaken in accordance with the affirmative marketing plan established by any developer's Administrative Agent. The records shall include, but not be limited to, the following:
1.
Electronic reporting of affordable housing activity; any required paper forms.
2.
Copies of any press releases, brochures, flyers, print advertisements and application forms used in the affirmative marketing program.
3.
The income and demographic characteristics of each household applying for and occupying income-restricted housing.
4.
An evaluation of any necessary adjustments required to the affirmative marketing program as communicated by the Administrative Agent.
h.
An Operating Manual shall be provided by the Administrative Agent(s) to be adopted by resolution of the governing body. The Operating Manuals shall be available for public inspection in the Office of the Municipal Clerk and in the office(s) of the Administrative Agent(s).
i.
The Administrative Agent shall perform the duties and responsibilities of an administrative agent as are set forth in UHAC, including those set forth in N.J.A.C. 5:80-26.14, 16 and 18 thereof, and shall have authority to take all actions necessary and appropriate to carry out its responsibilities, which includes:
1.
Records retention.
2.
Resales and re-rentals.
(a)
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;
(b)
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.
3.
Processing requests from unit owners.
(a)
Reviewing and approving requests to increase sales prices from owners of restricted units who wish to refinance or take out home equity loans during the term of their ownership that the amount of indebtedness to be incurred will not violate the terms of this section;
(b)
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;
(c)
Notifying the Borough of an owner's intent to sell a restricted unit; and
(d)
Making determinations on requests by owners of restricted units for hardship waivers.
4.
Enforcement.
(a)
Securing annually from the municipality a list of all affordable ownership 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;
(b)
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;
(c)
Posting annually in all rental properties, including two-family homes, a notice as to the maximum permitted rent together with the telephone number of the Administrative Agent where complaints of excess rent or other charges can be made;
(d)
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;
(e)
Establishing a program for diverting unlawful rent payments to the Borough's Affordable Housing Trust Fund; and
(f)
Creating and publishing a written operating manual for each affordable housing program administered by the Administrative Agent, to be approved by the Court, setting forth procedures for administering the affordability controls.
(g)
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Affordable Housing Professionals of New Jersey (AHPNJ).