Englewood Cliffs City Zoning Code
§ 30-19.6
Affordable Housing Programs.
[Amended 3-11-2026 by Ord. No. 26-04]
a.
Pursuant to amended UHAC regulations at N.J.A.C. 5:80-26.1 et seq. and, in addition, pursuant to P.L. 2024, c. 2 and specifically to the amended FHA at N.J.S.A. 52:27D-311.m, "All parties shall be entitled to rely upon regulations on municipal credits, adjustments, and compliance mechanisms adopted by the Council on Affordable Housing unless those regulations are contradicted by statute, including but not limited to P.L. 2024, c.2, or binding court decisions." The following are many of the main provisions of the COAH regulations at either N.J.A.C. 5:93 or 5:97 that have been upheld by the NJ Supreme Court. Municipalities should consult the cited full COAH regulations when preparing the HEFSP for required documentation, etc. Additional compliance details may also be included in the specific municipal program manual.
b.
Inclusionary zoning and new construction programs shall be implemented in accordance with the Borough's adopted Fourth Round Housing Element and Fair Share Plan, as amended, and consistent with the terms of the Consent Order entered between the Borough and Fair Share Housing Center on __________ [insert date], and subject to the terms of any future Order from the Court.
c.
Rehabilitation programs (per N.J.A.C. 5:93-5.2 with updated provisions herein per N.J.A.C. 5:97-6.2 related to credit towards a municipal present need obligation). The Borough may elect to facilitate the rehabilitation of units through participation in a rehabilitation program.
1.
The rehabilitation program shall be designed to renovate deficient housing units occupied or intended to be occupied by very-low-, 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. 5:28-1.1 et seq or the Rehabilitation Subcode, N.J.A.C. 5:23-6 to the extent applicable.
2.
Both ownership and rental units shall be eligible for rehabilitation funds.
3.
All rehabilitated units shall remain affordable to very-low-, low- and moderate-income households for a period of 10 years (the control period). For owner-occupied units, the control period shall be enforced with a mortgage and note and for renter-occupied units the control period will be enforced with a deed restriction.
4.
The municipality shall dedicate a minimum average hard cost of $10,000 for each unit to be rehabilitated through this program and in addition shall dedicate associated rehabilitation program soft costs such as case management, inspection fees and work write-ups.
5.
The municipality shall designate, subject to the approval of the Department, one or more Administrative Agents to administer the rehabilitation program in accordance with P.L. 2024, Chapter 2. The Administrative Agent(s) shall provide rehabilitation manuals for ownership and rental rehabilitation programs. Manuals shall be adopted by resolution of the governing body. Both rehabilitation manuals shall be available for public inspection in the Office of the Municipal Clerk and on the municipal affordable housing web page.
6.
Households determined to be very-low-, low-, or moderate-income may participate in a rehabilitation program. Rehabilitated units shall be exempt from the very-low-income requirements, low/mod split, and bedroom distribution requirements of UHAC, but shall be administered in accordance with the following:
(a)
If a unit is vacant at the time of rehabilitation, or if a rehabilitated unit becomes vacant and is re-rented before the expiration of the affordability controls, the deed restriction shall require that the unit be rented to a low- or moderate-income household at an affordable rent.
(b)
If a rental unit is occupied by a tenant at the time rehabilitation is completed, the rent charged after rehabilitation shall not exceed the lesser of the tenant's current rent or the maximum rent permitted under UHAC.
(c)
Rents in rehabilitated units may increase annually based on the standards in UHAC.
(d)
At the time of application, applicant households and/or tenant households shall be subject to income eligibility determinations in accordance with UHAC.
d.
Extension of controls program (for ownership units per N.J.A.C. 5:97-6.14 and UHAC at N.J.A.C. 5:80-26.6(h) through (k) and (m); and for rental units per N.J.A.C. 5:97-6.14 and N.J.A.C. 5:80-26.12(h) through (k)).
1.
An extension of affordability controls program is established to maintain and extend the affordability of deed restricted units scheduled to come out of their affordability control period, subject to N.J.A.C. 5:97-6.14 and UHAC, including the following:
(a)
The affordable unit meets the criteria for prior cycle (April 1, 1980 to December 15, 1986) or post December 15, 1986 credits set forth in N.J.A.C. 5:97.
(b)
The affordability controls for the unit are scheduled to expire in the current round; or in the next round of housing obligations if the municipal election to extend controls is made no earlier than one year before the end of the current round;
(c)
The municipality shall obtain a continuing certificate of occupancy or a certified statement from the Municipal Building Inspector stating that the restricted unit meets all code standards.
(d)
If a unit requires repair and/or rehabilitation work in order to receive a continuing certificate of occupancy or certified statement from the Municipal Building Inspector, the municipality shall fund and complete the work.
(e)
The municipality shall adhere to the process for extending controls pursuant to UHAC for extending ownership units and rental units, either inclusionary or 100% affordable developments.
(f)
The deed restriction for the extended control period shall be filed with the County Clerk.
e.
Assisted living residence (per N.J.A.C. 5:97-6.11).
1.
An assisted living residence is a facility licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining and to assure that assisted living services are available. All or a designated number of apartments in the facility shall be restricted to low- and moderate-income households.
2.
The unit of credit shall be the apartment. However, a two-bedroom apartment shall be eligible for two units of credit if it is restricted to two unrelated individuals.
3.
A recipient of a Medicaid waiver shall automatically qualify as a low- or moderate-income household.
4.
Assisted living units are considered age-restricted housing in a HEFSP and shall be included with the maximum number of units that may be age-restricted.
5.
Low- and moderate-income residents cannot be charged any upfront fees.
6.
The units shall comply with UHAC with the following exceptions:
(a)
Affirmative marketing (N.J.A.C. 5:80-26.16); provided that the units are restricted to recipients of Medicaid waivers;
(b)
The deed restriction may be on the facility, rather than individual apartments or rooms;
(c)
Low/moderate income split and affordability average (N.J.A.C. 5:80-26.4); only if all of the affordable units are affordable to households at a maximum of 60 percent of median income; and
7.
Tenant income eligibility (N.J.A.C. 5:80-26.14); up to 80 percent of an applicant's gross income may be used for rent, food and services based on occupancy type and the affordable unit must receive the same basic services as required by the Agency's underwriting guidelines and financing policies. The cost of non-housing related services shall not exceed one and two-thirds times the rent established for each unit.
f.
Supportive housing and group homes (per N.J.A.C. 5:97-6.10).
1.
The following provisions shall apply to group homes, residential health care facilities, and supportive shared living housing:
(a)
The unit of credit shall be the bedroom. However, the unit of credit shall be the unit if occupied by a single person or household.
(b)
Housing that is age-restricted shall be included with the maximum number of units that may be age-restricted pursuant to the Act.
(c)
Occupancy shall not be restricted to youth under 18 years of age.
(d)
In affordable developments with 20 or more restricted units that are supportive housing, two-bedroom units must compose at least five percent of those restricted units.
(e)
The bedrooms and/or units shall comply with UHAC with the following exceptions:
(1)
Affirmative marketing; however, group homes, residential health care facilities, permanent supportive housing and supportive shared living housing shall be affirmatively marketed to broadest possible population of qualified individuals with special needs in accordance with a plan approved by the sponsoring program;
(2)
Affordability average and bedroom distribution (N.J.A.C. 5:80-26.4).
(f)
With the exception of units established with capital funding through a 20-year operating contract with the Department of Human Services, Division of Developmental Disabilities, group homes, residential health care facilities, supportive shared living housing and permanent supportive housing shall have the appropriate controls on affordability in accordance with the Act. In the event that a supportive housing provider is unable to record or execute a long-term deed restriction, the units shall be subject to annual recertification by the Municipal Housing Liaison to confirm continued occupancy and compliance with this section.
(g)
Objective standards shall be applied in the selection of tenants for supportive housing units and shall be designed to ensure that individuals are not excluded in an arbitrary or capricious manner.
(h)
The following documentation shall be submitted by the sponsor to the municipality prior to marketing the completed units or facility:
(1)
An Affirmative Marketing Plan in accordance with Subsection 30.19.19a below; and
(2)
If applicable, proof that the supportive and/or special needs housing is regulated by the New Jersey Department of Health and Senior Services, the New Jersey Department of Human Services or another State agency in accordance with the requirements of this section, which includes validation of the number of bedrooms or units in which low- or moderate-income occupants reside.
(i)
The sponsor/owner shall complete annual monitoring as directed by the MHL.
(j)
The section 'Zoning for Inclusionary Development' at N.J.A.C. 5:97-6.4 details the standards for municipalities to rezone specific sites through the establishment of an inclusionary zoning district in the Municipal Code, but not necessarily to be included in with these affordable housing provisions to administer affordable units. Any new inclusionary zoning districts should also reference adherence with the municipal affordable housing provisions found herein. In addition, the FHA was amended per P.L. 2024, c. 2 to eliminate N.J.S.A. 52:27D-329.3 which had been the statutory authority for payments in-lieu of constructing affordable units.
(k)
The section "Redevelopment" at N.J.A.C. 5:97-6.6 details the standards for municipalities to include formally designated redevelopment sites in their HEFSP. Any redevelopment sites should also reference adherence with the municipal affordable housing provisions found herein.
(l)
The section "Municipally sponsored and 100 percent affordable developments" at N.J.A.C. 5:97-6.7 details the standards for municipalities to include 100% affordable housing sites in their HEFSP. Any such sites should also reference adherence with the municipal affordable housing provisions found herein to the extent such provisions are not superseded by state or federally funded affordable housing programs per the applicability section of UHAC at N.J.A.C. 5:80-26.1.
