Long Hill Township, NJ Zoning Ordinance

Long Hill Township City Zoning Code

§ LU-138.5

Affordable Housing Programs.

[3-11-2026 by Ord. No. 583-26]

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 Committee 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[1] 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.

[1]

Editor's Note: N.J.A.C. 5:93 and 5:97 expired 10-16-2016 and 6-2-2015, respectively.

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)).

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 through 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.

Assisted Living Residence (per N.J.A.C. 5:97-6.11).

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.

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.

A recipient of a Medicaid waiver shall automatically qualify as a low- or moderate-income household.

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.

Low- and moderate-income residents cannot be charged any upfront fees.

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% of median income; and

Tenant income eligibility (N.J.A.C. 5:80-26.14); up to 80% 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.

Supportive Housing and Group Homes (per N.J.A.C. 5:97-6.10).

The following provisions shall apply to group homes, residential health care facilities, and supportive shared living housing:

(a)

Units are subject to Affirmative Marketing requirements, household certification, and administrative agent oversight; and may, with the approval of the municipal housing liaison and the administrative agent, be leased either by the bedroom or to a single household in the case of multi-bedroom configurations, provided such arrangement is consistent with the Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968).

(b)

Units may, with the approval of the administrative agent, be subject to a master lease by an approved supportive housing operator, provided that all subleases are to be certified supportive housing households and remain fully subject to the affordability controls of this section. Rents for supportive housing units shall not exceed the rent standards established and published by the New Jersey Department of Human Services.

(c)

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.

(d)

Housing that is age-restricted shall be included with the maximum number of units that may be age-restricted pursuant to the Act.

(e)

Occupancy shall not be restricted to youth under 18 years of age.

(f)

In affordable developments with 20 or more restricted units that are supportive housing, two-bedroom units must compose at least 5% of those restricted units.

(g)

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).

(h)

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.

(i)

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.

(j)

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 paragraph d1 above; 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.

(k)

The sponsor/owner shall complete annual monitoring as directed by the MHL.