Galloway City Zoning Code

Site plan, architectural plan, or other plan that identifies the location of each affordable unit, if subject to the site plan approval, settlement agreement, or other applicable document regulating the location of affordable units. The administrative agent shall determine the location of affordable units if not set forth in the site plan approval, settlement agreement, or other applicable document.

The total number of units in the project and the number of affordable units.

The breakdown of the affordable units by or identification of affordable unit locations by bedroom count and income level, including street addresses/unit numbers, if subject to the site plan approval, settlement agreement, or other applicable document regulating the breakdown of affordable units. The administrative agent shall determine the bedroom and income distribution if not set forth in the site plan approval, settlement agreement, or other applicable document.

Floor plans of all affordable units, including complete and accurate identification of all rooms and the dimensions thereof.

All new construction in an affordable housing development for which an application for a construction permit has not been declared complete by the Township Construction Official on or before October 12, 2005 shall comply with the adaptability requirements set forth in N.J.S.A. 52:27D-123.15.

The first floor of all new restricted units that are townhouse dwelling units or multistory dwelling units attached to at least one other dwelling unit shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7. All restricted units that are townhouse dwelling units or restricted multistory dwelling units attached to at least one other dwelling unit shall have the following features:

In establishing rents and sales prices of affordable housing units, the Administrative Agent shall follow the procedures set forth in UHAC utilizing the regional income limits for Region 6 and the requirements set forth in this Chapter. The Administrative Agent shall submit annually to the Municipal Housing Liaison on or before December 31 each year the annual rents for each rental restricted unit within an affordable housing development. The maximum rent for rental restricted units, transitional housing units, special needs housing units and supportive housing units within each affordable housing development shall comply with the following:

Tenant-paid utilities that are included in the utility allowance shall be so specifically listed in the lease and a copy of the most recent utilities chart at the time of lease-up used to determine utility allowance shall be provided to the tenant at the time of lease-up. Allowance for utilities must be consistent with the utility allowance calculated pursuant to N.J.A.C. 5:80-26.13(e).

The maximum sales price of ownership restricted units within each affordable housing development shall be affordable to households earning no more than 70% of median income for Region 6, and each affordable housing development containing ownership restricted units must achieve an affordability average of 55% for ownership restricted units; in achieving this affordability average, moderate-income units must be available for at least three different prices for each bedroom type, and low-income units must be available for at least two different prices for each bedroom type.

In determining the maximum sales prices and rents for compliance with the affordability average requirements for affordable units other than age-restricted units and assisted living facilities, the following standards shall be met:

In determining the maximum sale prices and rents for compliance with the affordability average requirements for affordable units that are age-restricted units and assisted living facilities, the following standards shall be met:

The initial purchase price and the maximum resale price for all ownership restricted units shall be calculated in accordance with the requirements of N.J.A.C. 5:80-26.7, as may be amended and supplemented, and shall be subject to the limitations on indebtedness set forth in N.J.A.C. 5:80-26.9. In computing reginal income limits, the Administrative Agent shall use the median family incomes published for counties within Region 6. The initial purchase price and the maximum resale price are be subject to the affordability average requirement at N.J.A.C. 5:80-26.4, which shall be initially determined by the Administrative Agent and approved by the Municipal Housing Liaison prior to closing.

Initial rents and initial sale prices shall be determined in accordance with N.J.A.C. 5:80-26.4(i) or (j) as applicable, and in accordance with N.J.A.C. 5:80-26.13.

Site plan, architectural plan, or other plan that identifies the location of each affordable.

The breakdown of the affordable units by or identification of affordable unit locations by bedroom count and income level, including street addresses/unit numbers, if subject to the site plan approval, settlement agreement, or other applicable document regulating the breakdown of affordable units.

Floor plans of all affordable units, including complete and accurate identification of all rooms and the dimensions thereof.

A projected construction schedule.

The location of any common areas and elevators.

The name of the person who will be responsible for official contact with the administrative agent for the duration of the project, which must be updated if the contact changes.

Proposed pricing for all affordable units, including any purchaser options and add-on items.

Condominium or homeowner association fees and any other applicable fees.

Estimated real property taxes.

Sewer, water, trash disposal, and any other utility assessments.

Flood insurance requirement, if applicable.

The State-approved planned real estate development public offering statement and/or master deed, where applicable, as well as the full build-out budget.

Site plan, architectural plan, or other plan that identifies the location of each affordable.

The breakdown of the affordable units by or identification of affordable unit locations by bedroom count and income level, including street addresses/unit numbers, if subject to the site plan approval, settlement agreement, or other applicable document regulating the breakdown of affordable units.

Floor plans of all affordable units, including complete and accurate identification of all rooms and the dimensions thereof.

A projected construction schedule.

The location of any common areas and elevators.

The name of the person who will be responsible for official contact with the administrative agent for the duration of the project, which must be updated if the contact changes.

A description of any applicable fees.

A description of the types of utilities and which utilities will be included in the rent.

A proposed form of lease for any rental units.

Ensure each bedroom is occupied by at least one person, except for age restricted units and supportive and special needs housing units.

Provide separate bedrooms for every two adult occupants;

Provide a bedroom for every occupant under the age of 18, unless the household requests a different arrangement, except that such arrangement may not result in more than two occupants under the age of 18 occupying any bedroom;

Avoid placing a one-person household into a unit with more than one bedroom.

If authorized in an agreement with a developer entered into pursuant to N.J.S.A. 52:27D-311(j), a preference of up to 50% of the restricted units in the affordable housing development shall be made for very-low-, low-, and moderate- income veterans who served in time of war or other emergency;

A regional preference for very-low-income households, low-income households, and moderate-income households that reside or work in Region 6;

Subordinate to the regional preference, a preference for very-low-, low-, and moderate-income households that reside or work in New Jersey; and

If authorized in a redevelopment plan or an agreement with the owner of the restricted unit, with respect to existing restricted units undergoing approved rehabilitation for the purpose of preservation or with respect to newly created restricted units created to replace existing restricted units undergoing demolition, a preference for the very-low-, low-, and moderate-income households that are displaced by the rehabilitation or demolition and replacement,

Before applying for the first construction permit for any portion of an affordable housing development, the developer or owner shall prepare a deed restriction in form set forth in Appendix P-1 of UHAC and in accordance with the requirements of N.J.A.C. 5:80-26.6(e), record the same, and submit to the Administrative Agent for the affordable housing development and the Municipal Housing Liaison a copy of the recorded deed restriction, along with a certification by the preparer of the deed restriction certifying that the deed restriction conforms with all of the requirements of UHAC and the deed restriction language set forth in Appendix P-1 of UHAC. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or owner with the records office of the County of Atlantic. If the documents required by this Subsection E(6)(a) are not provided to the Administrative Agent and the Municipal Housing Liaison prior to the issuance of the construction permit, the Administrative Agent and/or the Municipal Housing Liaison may report this failure to the Division of Local Planning Services within the DCA pursuant to N.J.A.C. 5:80-26.19(f) and may take any other enforcement action permitted under the law. No seller or buyer of an ownership restricted unit shall be excused from adhering to the requirements of UHAC and this chapter despite failure to record the deed restriction. If the affordable housing development is subject to a homeowner's association or condominium association, the deed restriction set forth in Appendix P-1 of UHAC shall be included in the governing documents of the homeowner's association or condominium association, and said governing documents shall specifically identify the ownership restricted units which are subject to affordability controls.

At closing for any ownership restricted unit, whether a sale or a resale, the developer or seller shall prepare and record the following, as applicable:

At closing for any ownership restricted unit, whether a sale or a resale, the developer or seller shall prepare and the buyer shall execute the certificates in the form set forth at Appendices D-3, J and K of UHAC, as applicable.

All convenances of ownership restricted units must be made by deeds and restrictive covenants, recapture notes and recapture liens in accordance with the forms prescribed in the applicable Appendix of UHAC and shall comply with the requirements of UHAC. No seller or buyer of a restricted unit shall be excused from adhering to the requirements of UHAC and this chapter despite failure to record the deed and restrictive covenants. All ownership restricted units shall be deemed to have been made by deeds and restrictive covenants, recapture notes and recapture liens prescribed in UHAC, and the DCA, the Agency, the Township or any party may enforce the restrictions that would have been contained in such instruments as if such instruments had been, in fact, prepared and duly executed. A sale or transfer of ownership made other than in conformity with the requirements of UHAC and this chapter is an authorized non-exempt sale; thus, all requirements, restrictions and liens associated with the unit being sold or transferred remain in effect until full satisfaction thereof and compliance with UHAC and this chapter. No seller or buyer of an ownership restricted unit shall be excused from adhering to the requirements of UHAC and this chapter despite failure to record the deed restriction, recapture lien or recapture note.

Within 30 days of the closing, the developer or seller shall submit to the Administrative Agent for the affordable housing development and the Municipal Housing Liaison a copy of the recorded deed restriction, recorded recapture note and recorded capture lien, along with a certification by the preparer of the deed restriction certifying that these documents conform with all of the requirements of UHAC and the deed restriction language set forth in applicable Appendix of UHAC. In the event that a copy of the documents required by this Subsection E(6)(e) are not provided to the Administrative Agent and the Municipal Housing Liaison within 30 days of closing, Administrative Agent and/or the Municipal Housing Liaison may report this failure to the Division of Local Planning Services within the DCA pursuant to N.J.A.C. 5:80-26.19(f) and may take any other enforcement action permitted under the law.

All deed restrictions shall have priority over all mortgages on the property. In accordance with N.J.A.C. 5:80-26.6(1), the entry and enforcement of any judgment of foreclosure on an ownership restricted unit shall not extinguish the affordability controls on the ownership restricted unit.

Newly created rental restricted units shall be subject to affordability controls for a period of 40 years.

Rental restricted units created as part of developments receiving Low Income Housing Tax Credits shall be governed by the provisions of the State's Qualified Allocation Plan, N.J.A.C. 5:80-33.1 through 33.40.

Rehabilitated deficient housing units that are improved pursuant to the Rehabilitation Manual shall be subject to affordability controls for a period of not less than 10 years (crediting towards present need only).

Any owner of a 100% affordable housing development comprised entirely of rental restricted units that elects to extinguish the existing deed restriction to enter into a new deed restriction and commence refinancing and/or habitation for the purpose of preservation, shall be subject to a new deed restriction of 30 years.

In the event that any rental restricted unit is occupied at the end of the control period, after the end date of the control period set forth in the deed restriction, the affordability controls shall remain in effect until: (i) the date on which the occupant household vacates the rental restricted unit; or (ii) in the event that the occupant household's household income exceeds 80% of the regional median income for Region 6, the later of either the next scheduled lease renewal or 60 days after confirming the household income exceeds 80%.

Prior to applying for the first construction permit for any portion of an affordable housing development, the developer or owner shall prepare a deed restriction in form set forth in Appendix P-2 of UHAC and in accordance with N.J.A.C. 5:80-26.12(e), record the same, and submit to the Administrative Agent for the affordable housing development and the Municipal Housing Liaison a copy of the recorded deed restriction, along with a certification by the preparer of the deed restriction certifying that the deed restriction conforms with all of the requirements of UHAC and the deed restriction language set forth in Appendix P-2 of UHAC. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or owner with the records office of the County of Atlantic. If documents required pursuant to this Subsection I(3)(a) are not provided to the Administrative Agent and the Municipal Housing Liaison prior to issuance of the construction permit, the Administrative Agent and/or the Municipal Housing Liaison may report this failure to the Division of Local Planning Services within the DCA pursuant to N.J.A.C. 5:80-26.19(f) and may take any other enforcement action permitted under the law. No seller or buyer of a rental restricted unit shall be excused from adhering to the requirements of UHAC and this chapter despite failure to record the deed restriction.

No later than 30 days after issuance of a Certificate of Occupancy for any structure containing rental restricted units, the developer shall prepare a deed restriction in form set forth in Appendix E of UHAC for said structure, record the same, and submit to the Administrative Agent for the affordable housing development and the Municipal Housing Liaison a copy of the recorded deed restriction, along with a certification by the preparer of the deed restriction certifying that the deed restriction conforms with all of the requirements of UHAC and the deed restriction language set forth in Appendix E of UHAC. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the records office of the County of Atlantic. A copy of the filed document shall be provided to the Administrative Agent and Municipal Housing Liaison within 30 days of the receipt of a certificate of occupancy. If documents required by this Subsection I(3)(b) are not provided to the Administrative Agent and the Municipal Housing Liaison within 30 days of receipt of the certificate of occupancy, the Administrative Agent and/or the Municipal Housing Liaison may report this failure to the Division of Local Planning Services within the DCA pursuant to N.J.A.C. 5:80-26.19(f) and may take any other enforcement action permitted under the law. No seller or buyer of a restricted unit shall be excused from adhering to the requirements of UHAC and this chapter despite failure to record the deed restriction.

The deed restriction shall have priority over all mortgages on the property. The deed restriction shall be recorded by the developer or owner with the Atlantic County records office, and provided as filed and recorded, to the Administrative Agent within 30 days of the receipt of a certificate of occupancy.

Sublease or assignment of the lease of the unit;

Sale or other voluntary transfer of the ownership of the unit; or

The entry and enforcement of any judgment of foreclosure or grant of a deed in lieu of foreclosure.

Send to all current tenants in all restricted rental units an annual mailing containing a notice as to the maximum permitted rent and a reminder of the requirement that the unit must remain their principal place of residence, which is defined as residing in the unit at least 260 days out of each calendar year, together with the telephone number, mailing address, and email address of the administrative agent to whom complaints of excess rent can be issued.

Notify the Administrative Agent of any change to or increase in any applicable fees imposed upon tenants.

Notify the Administrative Agent of any change as to the utilities that will be included in the rent.

Ensure that the utility configuration established at the start of the rent-up process is not altered at any time throughout the restricted period.

Notify the Administrative Agent of any change and provide to the Administrative Agent a proposed form of lease containing such changes.

Strive to maintain the continued occupancy of the affordable units during the entire restricted period.

Very-low-income units shall be reserved for households with a gross household income less than or equal to 30% of median income for Region 6.

Low-income units shall be reserved for households with a gross household income less than or equal to 50% of median income for Region 6.

Moderate-income units shall be reserved for households with a gross household income less than 80% of median income for Region 6.

The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;

The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;

The household is currently in substandard or overcrowded living conditions;

The household documents the existence of assets with which the household proposes to supplement the rent payments; or

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.

Affirmative marketing (N.J.A.C. 5:80-26.16), provided that the Medicaid beds are restricted to recipients of Medicaid waivers;

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% of median income;

The owner or operator shall comply with all reporting requirements of the Administrative Agent. The Township shall designate one or more Administrative Agents to administer the Medicaid beds; and

The combined cost of rent, food, and services may not exceed 80% of the eligible monthly income of the appropriate household size as determined pursuant to N.J.A.C. 5:80-26.4.

A resume or other evidence of experience as an administrative agent; and

A valid and current administrative agent certificate as required pursuant to N.J.S.A. 52:27D-321; and

Evidence of satisfactory completion of the DCA's Education Program for each individual serving as an administrative agent as described at N.J.A.C. 5:99-9; and

A list of all affordable housing projects for which the person or entity is currently serving or has served as an administrative agent; and

A list of affordable housing projects for which the administrative agent has been removed as administrative agent, and the reason therefore; and

The draft operations manual that the Administrative Agent proposes to utilize in the administration of the affordable units.

Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the DCA;

Affirmative marketing;

Household certification;

Affordability controls;

Records retention;

Resale and re-rental;

Processing requests from restricted unit owners or renters of restricted units;

Preparing and submitting all reports and other documents required to be prepared under this chapter, UHAC, the Act or the operations manual, and any report requested by the Municipal Housing Liaison; and

Enforcement, although the ultimate responsibility for retaining controls on the restricted units rests with the Municipal Housing Liaison.

The Administrative Agent shall notify the Municipal Housing Liaison in writing of a violation of any of the regulations governing the affordable unit by an owner, developer or tenant, including a violation of this chapter, UHAC the Act or the Fair Housing Act Regulations, within five business days of the occurrence. Following submission of a notice of violation, the Administrative Agent shall provide the Municipal Housing Liaison with monthly reports of the status of all violations until the violation(s) have been resolved. The Administrative Agent shall, as delegated by the Mayor and Township Committee, have the authority to take all actions necessary and appropriate to carry out its responsibilities, hereunder.

Reports. The Administrative Agent shall provide all reports required to be provided by an administrative agent under UHAC or the Fair Housing Act Regulations or this chapter. At a minimum, the Administrative Agent shall provide the following written reports to the Municipal Housing Liaison.

The Administrative Agent shall securing from the Township quarterly, a list of all affordable units for which tax bills are mailed to absentee owners of ownership restricted units, and notifying all such owners that they must either move back into or sell their ownership restricted units unit.

The Administrative Agent shall notify the Municipal Housing Liaison of the owner's intent to sell an ownership restricted unit prior to the date of the sale.

The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 and/or N.J.S.A. 52:27D-321(i)(4) alleging a violation, or violations, of the regulations governing the restricted housing unit. If the owner, developer or tenant, or the Administrative Agent, is found by the court to have violated any provision of the regulations governing affordable housing units, including but not limited to this chapter, UHAC, the Act or the Fair Housing Act Regulations, the owner, developer or tenant, or the Administrative Agent shall be subject to one or more of the following penalties, at the discretion of the court:

Any judgment of foreclosure entered pursuant to this chapter, UHAC, or the Act, shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the very-low-income unit, low-income unit and moderate-income unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any First Purchase Money Mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale. The proceeds of the Sheriff's sale shall first be applied to satisfy the First Purchase Money Mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for and to the extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality.

Foreclosure by the municipality due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.

If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the First Purchase Money Mortgage and any prior liens, the municipality may acquire title to the low- and moderate-income unit by satisfying the First Purchase Money Mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the First Purchase Money Mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.

Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- and moderate-income unit as permitted by the regulations governing affordable housing units.

The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.

For each new dwelling unit that is constructed on any lot, where said lot was created after March 10, 2026, except for lots identified in Subsections D(1)(c) or (d) below, a residential development fee of 1.5% of the equalized assessed value of the residential development fee imposed for the purposes of funding the Township's Affordable Housing Program.

For each new dwelling unit that is constructed on an existing lot of record, where said lot was created pursuant to any subdivision approval or any application for development before the Planning Board or Zoning Board on or before March 10, 2026, except for lots identified in Subsection D(1)(d) below, a residential development fee of 1% of the equalized assessed value of the land and improvements.

For each new dwelling unit that is constructed on an existing lot of record, where said lot is an isolated undersized lot created by a hardship variance granted pursuant to N.J.S.A. 40:55D-70c and was not created pursuant to any subdivision approval granted by the Planning Board or Zoning Board, a residential development fee of 0.5% of the equalized assessed value of the residential development fee imposed for the purposes of funding the Township's Affordable Housing Program.

For dwelling units that are constructed on lots, where said lot was created as a result of an increase in residential density pursuant to a "d" variance granted under N.J.S.A. 40:55D-70d(5), a residential development fee of 1.5% of the equalized assessed value of the initial "by-right" number of dwelling units permitted under the base density and 6% of the equalized assessed value for each additional dwelling unit that may be realized by the increased density permitted by the variance. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the residential development fee shall be the highest density permitted "by-right" during the two-year period preceding the filing of the variance application. The "by-right" density shall be the density permitted under the zoning ordinance as if no variance had been granted.

Residential development fees shall also be imposed and collected when one or more additional dwelling unit is added to an existing residential structure; in such cases, the residential development fee shall be calculated based on the increase in the equalized assessed value of the property due to the additional dwelling unit(s).

Affordable housing developments and/or affordable housing developments where the affordable units are being provided elsewhere in the Township shall be exempt from the payment of residential development fees.

Residential developments where the developer has made an eligible payment in lieu of on-site construction of affordable units pursuant to ordinance or an agreement with the Township of Galloway that was adopted prior to any invalidation of payments in lieu of construction.

Residential developments that have received preliminary or final subdivision approval prior to the adoption of this ordinance and any preceding ordinance permitting the collection of development fees, shall be exempt from the payment of residential development fees, unless the developer seeks a substantial change in the original preliminary or final subdivision approval. Where subdivision approval is not applicable, the issuance of a zoning permit and/or construction permit shall be synonymous with preliminary or final subdivision approval for the purpose of determining the right to an exemption.

Residential development fees;

Non-residential development fees;

Mixed-use development fees;

Other development fees;

Payments in lieu of on-site construction of restricted units;

Repayments from affordable housing program loans and other loan repayments;

Enforcement fines and fees;

Interest earned;

Proceeds from the sale of restricted units with extinguished controls or other restricted unit sales;

Rental income from municipally operated restricted units;

Grants;

Recapture funds;

Barrier Free Escrow Funds;

RCA Funds;

Other funds, including but not limited to: unexpended RCA funds remaining from a completed RCA project, Application fees, any other funds collected by the municipality in connection with its affordable housing programs, any other funds authorized to be deposited in a municipal housing trust fund under the Act, the Fair Housing Act Regulations or any other law.

This Affirmative Marketing Plan shall apply to all developments that contain or propose one or more restricted units and any future affordable housing developments that may occur. Unless otherwise required in N.J.A.C. 5:80-26.16, supportive housing units, transitional housing units, and special needs housing units must comply with the affirmative marketing requirements of their respective sponsoring programs, where applicable.

The affirmative marketing process for available restricted units must begin at least four months prior to expected occupancy of a restricted unit and may begin before construction commences. Affirmative marketing shall occur at least 120 days before the issuance of either temporary or permanent certificates of occupancy and shall until all restricted units are initially occupied and for as long as restricted units are deed restricted and occupancy or re-occupancy and/or purchasers of units continue to be necessary. The Affirmative Marketing Plan is a continuing program that shall be followed throughout the entire period that the restricted unit remains subject to affordability controls.

Advertising and outreach must take place during the first week of the affirmative marketing program and at least 60 days before the random selection process and continue until all of the restricted units being brought to market at that time have been sold in the case of for-sale units or until enough applications from eligible households have been received to fill all of the restricted units plus two years of future re-rentals in the case of rental units. Applications must be accepted for no less than 45 days following the initial advertisement on the New Jersey Housing Resource Center, except for the resale of for-sale units, in which case, applications must be accepted for no less than 30 days. No random selection process may be conducted prior to 60 days following the initial advertisement on the New Jersey Housing Resource Center or while applications are still being accepted. The advertisement must include all of the information set forth in N.J.A.C. 5:80-26.16(h). All advertisements for restricted units shall contain, at a minimum, the following information:

In implementing the affirmative marketing program, the Administrative Agent for a restricted unit shall publish at least one advertisement in a regional newspaper of general circulation within the housing region, which shall take the form of at least one press release and a paid display advertisement in the below newspapers the first week of the marketing program and each month thereafter until all units are leased or sold. Additional advertising and publicity shall be on an "as needed" basis. The developer/owner shall disseminate all public service announcements and pay for display advertisements. The developer/owner shall provide proof of all publications approved in advance by the Administrative Agent. All newspaper articles, announcements and requests for applications for restricted units shall appear in the following daily regional newspaper/publication:

In implementing the affirmative marketing program, the Administrative Agent for a restricted unit shall post an advertisement of the available restricted units to the New Jersey Housing Resource Center, www.njhrc.gov, at least 60 days before the random selection process and within one day following the date the owner, developer, property manager, administrative agent or other administrative entity provides information regarding the application process to prospective applicants or solicits any applications from potential applicants through any other means pursuant to N.J.S.A. 52:27D-321.6.

Within one business day of listing the restricted units on the New Jersey Housing Resource Center, the Administrative Agent for a restricted unit shall notify the local Continuum of Care of any restricted units for individuals with special needs that are reserved for individuals and families that are homeless and of any permanent supportive housing rental units.

In implementing the affirmative marketing program, the Administrative Agent for a restricted unit shall publish the advertisement on at least one of the following housing search websites, in addition to the Housing Resource Center;

In implementing the affirmative marketing program, the Administrative Agent for a restricted unit shall post the advertisement on the following websites:

In implementing the affirmative marketing program, the Administrative Agent for a restricted unit shall undertake at least two additional regional marketing strategies using the sources set forth in Subsections A(3)(i) through (p), below, with at least one non-digital strategy if the newspaper advertisement was in print, or with at least two non-digital strategies if the newspaper advertisement was digital:

Publish the advertisement on a radio stations, television stations or paid potential targeted digital advertising opportunities:

Publish the advertisement on one of the following newspapers or other publications:

Post advertisements at the following community locations:

Provide a copy of the advertisement to the following community or regional organizations:

Post the advertisement on internet websites that operate as housing search websites where restricted units will be advertised:

Post the advertisement on social media websites and platforms where advertisements will be posted or linked.

Other advertising methods: Advertisements shall be sent to each of the following agencies for publication in their journals and for circulation among their members:

If authorized in the site plan and/or subdivision approval for the development, a preference of up to 50% of the restricted units in said development for very-low-, low-, and moderate-income veterans who served in time of war or other emergency, pursuant to N.J.S.A. 52:27D-311(j).

A preference for very-low-income households, low-income households, and moderate-income households that reside or work in Region 6;

Subordinate to the regional preference, a preference for very-low-, low-, and moderate-income households that reside or work in New Jersey; and

If authorized in a redevelopment plan, with respect to existing restricted units undergoing approved rehabilitation for the purpose of preservation or to restricted units newly created to replace existing restricted units undergoing demolition, a preference for the very-low-households, low-households, and moderate-income households that are displaced by the rehabilitation or demolition and replacement.