Morristown City Zoning Code
PART 6
Affordable Housing
[Reserved]
§ 30-601 PURPOSE.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The purpose of this article is to create a realistic opportunity for the construction of low- and moderate-income housing as land becomes available for development and redevelopment in the Town of Morristown, thereby addressing some of the constitutional housing obligations of the Town of Morristown under New Jersey's Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the rules of the New Jersey Council on Affordable Housing (COAH), N.J.A.C. 5:93, and the Mount Laurel doctrine.
§ 30-602 GEOGRAPHIC SCOPE.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
This overlay zone shall apply to all of the land area of the Town of Morristown.
§ 30-603 LOW- AND MODERATE-INCOME HOUSING REQUIREMENTS.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023; 8-8-2023 by Ord. No. 19-2023; 2-13-2024 by Ord. No. O-2-2024; 4-10-2024 by Ord. No. O-8-2024]
Neither the Planning Board, nor the Board of Adjustment, nor the Town Council on an appeal of a final decision of the Board of Adjustment, nor the Town Council in adopting and implementing a redevelopment plan, shall approve a development application in any zone district or area in need of redevelopment or rehabilitation for a residential development or a mixed-use development with five or more dwelling units, unless a minimum 15% of the total number of dwelling units on rental projects and a minimum 20% of the total number of dwelling units on fee simple projects are set aside and sold or rented to very-low, low-, and moderate-income households, as defined by COAH in its applicable regulations, or an equivalent controlling New Jersey state agency, as may be amended from time to time. All fractional obligations shall be rounded to the closest whole number. The approving agency may, in its sole discretion, consider a deviation from these requirements if the applicant demonstrates that the development is not economically feasible absent a deviation.
Nothing in this article precludes the Town from imposing an affordable housing set-aside requirement on a development that is not required to have an affordable housing set-aside pursuant to this section, when such imposition is consistent with N.J.S.A. 52:27D-331(h) and other applicable law.
This affordable housing set-aside requirement shall not apply to developments containing five or fewer dwelling units.
All subdivision and site plan approvals of qualifying residential developments shall be conditioned upon compliance with the provisions of this article.
§ 30-604.1 Purpose.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the rules promulgated by the Council on Affordable Housing (COAH).
Pursuant to P.L. 2008, c. 46, Section 8,[1] and the Statewide Nonresidential Development Fee Act (Sections 32 through 38 of P.L. 2008, c. 46),[2] COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. To provide an incentive for municipalities to seek substantive certification from COAH, municipalities that are under the jurisdiction of the Council may retain fees collected from nonresidential development.
This article establishes standards for the collection, maintenance, and expenditure of development fees pursuant to the COAH's regulations. Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate-income housing. This article shall be interpreted within the framework of the COAH's rules on development fees.
§ 30-604.2 Basic Requirements.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The ability to impose, collect and spend development fees is predicated on the Town of Morristown's participation in the COAH's substantive certification process or, subject to COAH monitoring, through authorization by the New Jersey Superior Court resulting from a comprehensive review designed to achieve a judgment of compliance.
The Town of Morristown shall obtain COAH approval of a plan for spending development fees in conformance with N.J.A.C. 5:97-8.10 and N.J.A.C. 6:96-5.3.
This article shall not be effective until the COAH has approved and Morristown has adopted the ordinance pursuant to N.J.A.C. 5:96-5.1.
§ 30-604.3 Residential Development Fees.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Imposed fees.
Within all zoning districts in the Town of Morristown, residential developers, except for developers of the types of development specifically exempted, shall pay to the Town of Morristown Affordable Housing Trust Fund a fee of 1.5% of the equalized assessed value for residential development of new construction, provided that no increase in density is permitted. Developments on which the fee shall be imposed include the demolition and replacement of a housing unit and the creation of new housing units through the modification of an existing structure (e.g., the alteration of a single-family home into a duplex), in which case the development fee shall be calculated on the increase in the equalized assessed value of the improved structure.
When an increase in residential density pursuant to N.J.S.A. 40:55D70.d.(5) (known as a "d" variance) has been permitted, developers shall be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. 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 bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.
Example. If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1.5% of the equalized assessed value on the first two units; and 6% of the equalized assessed value for the two additional units. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.
Eligible exactions, ineligible exactions and exemptions for residential development. Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality, and developments where the developer has made a payment in lieu of on-site construction shall be exempt from development fees. All other forms of new construction shall be subject to development fees, unless specifically exempted by this article.
Residential developments that have received preliminary or final approval prior to the adoption of this Municipal Development Fee Ordinance (adopted April 9, 2013) shall be exempt from development fees unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.
Residential development fees shall not be imposed and collected when an existing structure is expanded.
The owner of a single-family detached housing unit who replaces a housing unit destroyed by flood, fire or natural disaster shall be exempt from paying a development fee.
§ 30-604.4 Nonresidential Development Fees.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Imposed fees.
Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements for all new nonresidential construction on an unimproved lot or lots.
Nonresidential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.
Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the preexisting land and improvement and the equalized assessed value of the newly improved structure, i.e., land and improvement, at the time final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.
Eligible exactions, ineligible exactions and exemptions for nonresidential development.
The nonresidential portion of a mixed-use inclusionary or market rate development shall be subject to the 2.5% development fee, unless otherwise exempted below.
The 2.5% fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within the existing footprint, reconstruction, renovations and repairs.
Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L. 2008, c. 46, as specified in the Form NRDF, State of New Jersey Nonresidential Development Certification/Exemption Form. Any exemption claimed by a developer shall be substantiated by that developer.
A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L. 2008, c. 46 shall be subject to it at such time as the basis for the exemption no longer applies, and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.
If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by the Town of Morristown as a lien against the real property of the owner.
§ 30-604.5 Collection Procedures.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the Construction Official responsible for the issuance of a building permit.
For nonresidential developments only, the developer shall also be provided with a copy of Form NRDF, State of New Jersey Nonresidential Development Certification/Exemption, to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form NRDF as per the instructions provided. The Construction Official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form NRDF.
The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form NRDF.
The Construction Official responsible for the issuance of a building permit shall notify the local Tax Assessor of the issuance of the first building permit for a development, which is subject to a development fee.
Within 90 days of receipt of that notice, the Municipal Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
The Construction Official responsible for the issuance of a final certificate of occupancy notifies the local Assessor of any and all requests for the scheduling of a final inspection on property, which is subject to a development fee.
Within 10 business days of a request for the scheduling of a final inspection, the municipal Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.
Should the Town of Morristown fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of Section 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).
Fifty percent of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of the certificate of occupancy.
Appeal of development fees.
A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, the Town of Morristown shall place collected fees in an interest-bearing escrow account. Appeals from a determination of the Board may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, the Town of Morristown shall place collected fees in an interest-bearing escrow account. Appeals from a determination of the Director may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
§ 30-604.6 Morristown Affordable Housing Trust Fund.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
There is hereby created a separate, interest-bearing housing trust fund, the Morristown Affordable Housing Trust Fund, to be maintained by the Chief Financial Officer for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls. All development fees paid by developers pursuant to this section shall be deposited into this fund.
Additionally, the following sources of funding shall be deposited in Morristown's Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
Payments in lieu of on-site construction of affordable housing units;
Developer contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;
Rental income from municipally operated housing units;
Repayments from affordable housing program loans; and
Any other funds collected in connection with Morristown's affordable housing program.
Within seven days from the opening of the trust fund account, the Town of Morristown shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, the bank, and COAH to permit COAH to direct the disbursement of the funds as provided for in COAH's rules at N.J.A.C. 5:97-8.13(b).
§ 30-604.7 Use of Funds.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The expenditure of funds from the Morristown Affordable Housing Trust Fund shall conform to a spending plan approved by COAH. All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH. Funds deposited in the housing trust fund may be set up as a grant or revolving loan program and may be used for any activity approved by COAH to address Morristown's affordable housing need. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation for affordable housing, new construction of affordable housing units and related costs, conversion of existing nonresidential buildings to create new affordable units, green building strategies in accordance with accepted national or state standards for affordable housing, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, or administration necessary for implementation of the Housing Element and Fair Share Plan.
Funds shall not be expended to reimburse the Town of Morristown for past housing activities.
At least 30% of all development fees and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the Morristown Housing Element and Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region, i.e., very-low-income households.
Affordability assistance programs may include down payment assistance, security deposit assistance, low interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments, and assistance with emergency repairs.
Affordability assistance to households earning 30% or less of median income (very-low income) may include buying down the cost of low- or moderate-income units in the third round Morristown Housing Element and Fair Share Plan, by offering a subsidy to developers of inclusionary or 100% affordable housing developments, to make the housing affordable to households earning 30% or less of median income.
Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls are exempt from the affordability assistance requirement.
The Town of Morristown may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.
No more than 20% of all revenues collected from development fees may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to COAH's regulations and/or action are not eligible uses of the Affordable Housing Trust Fund.
§ 30-604.8 Ongoing Collection of Fees.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The ability for the Town of Morristown to impose, collect and expend development fees shall expire with its substantive certification from COAH, or its Superior Court judgment of compliance, unless the Town of Morristown has filed an adopted Housing Element and Fair Share Plan with, has petitioned with COAH for substantive certification, or has moved for Superior Court approval of its adopted Housing Element and Fair Share Plan, and has received COAH's approval of its Development Fee Ordinance. If the Town of Morristown fails to renew its ability to impose and collect development fees prior to the date of expiration of its substantive certification from COAH or its Superior Court judgment of compliance, it may be subject to forfeiture of any or all funds remaining within its municipal Affordable Housing Trust Fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund established pursuant to Section 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). The Town of Morristown shall not impose a residential development fee on a development that receives preliminary or final approval after the expiration of its substantive certification, nor may the Town of Morristown retroactively impose a development fee on such a development. The Town of Morristown shall not expend development fees after the expiration of its substantive certification or judgment of compliance.
§ 30-605.1 Purpose and Applicability.
[Added 9-14-2022 by Ord. No. O-29-2022; amended 8-8-2023 by Ord. No. O-11-2023]
The article is intended to assure compliance with the Council on Affordable Housing (COAH) Second Round Substantive Rules at N.J.A.C. 5:93 et seq., and Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq., except where modified, as well as the Fair Housing Act of 1985, N.J.S.A. 52:27D-301 et seq., and that very-low-, low- and moderate-income units (affordable units) are created with controls on affordability and that very-low-, low- and moderate-income households shall occupy these units.
The Town of Morristown Planning Board has adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq. (hereinafter "Fair Share Plan"). The Fair Share Plan was subsequently endorsed by the governing body. The Fair Share Plan describes how the Town of Morristown shall address its fair share of very-low-, low- and moderate-income housing as documented in the Fair Share Plan itself, the settlement agreement entered into between the Town and Fair Share Housing Center (FSHC) in August 2017 (hereinafter "FSHC Settlement Agreement").
§ 30-605.2 Monitoring and Reporting Requirements.
[Added 9-14-2022 by Ord. No. O-29-2022; amended 8-8-2023 by Ord. No. O-11-2023]
The Town of Morristown shall comply with the following monitoring and reporting requirements regarding the status of the implementation of its court-approved Housing Element and Fair Share Plan:
Beginning September 8, 2022, and on every anniversary of that date, the Town agrees to provide annual reporting of its Affordable Housing Trust Fund activity to the New Jersey Department of Community Affairs, Council on Affordable Housing, or Local Government Services, or other entity designated by the State of New Jersey, with a copy provided to the Fair Share Housing Center (FSHC) and posted on the municipal website, using forms developed for this purpose by the New Jersey Department of Community Affairs (NJDCA), Council on Affordable Housing (COAH), or Local Government Services (NJLGS). The report shall include information on the amount and purpose of all expenditures, the source and amount of all deposits, updated totals, as well as a summary of any anticipated deposits and expenditures.
Beginning September 8, 2022, and on every anniversary of that date, the Town agrees to provide annual reporting of the status of all affordable housing activity within the municipality through posting on the municipal website with a copy of such posting provided to the Fair Share Housing Center, using forms previously developed for this purpose by COAH, or any other forms endorsed by the court-appointed special master and FSHC. The annual report shall include detailed updates on every mechanism in the Town's plan, the location and the number of affordable units approved, under construction, and built, information on the bedroom and income distribution of the affordable units, and whether the required UHAC-compliant deed restriction has been imposed on the affordable units. This shall include updates on development in the overlay zones as well as pursuant to the Town's mandatory set-aside ordinance.
The Fair Housing Act includes two provisions regarding action to be taken by the Town during its ten-year repose period. The Town will comply with those provisions as follows:
For the midpoint realistic opportunity review initially due on July 1, 2020, and provided in June 2021, as required pursuant to N.J.S.A. 52:27D-313, the Town will post on its municipal website, with a copy provided to the Fair Share Housing Center, a status report as to its implementation of its plan and an analysis of whether any unbuilt sites or unfulfilled mechanisms continue to present a realistic opportunity and whether the mechanisms to meet unmet need should be revised or supplemented. Such posting shall invite any interested party to submit comments to the Town, with a copy to the Fair Share Housing Center, regarding whether any sites no longer present a realistic opportunity and should be replaced and whether the mechanisms to meet unmet need should be revised or supplemented. Any interested party may by motion request a hearing before the court regarding these issues.
For the review of very-low-income housing requirements required by N.J.S.A. 52:27D-329.1, within 30 days of the third anniversary of the entry of the Town's January 28, 2019 Judgment of Compliance and Repose, which is due on or before January 28, 2022, as may be extended by the terms of that certain consent order entered in the Superior Court of New Jersey, Law Division, Morris County, Docket No. MRS-L-1697-15, and every third year thereafter, the Town will post on its municipal website, with a copy provided to the Fair Share Housing Center, a status report as to its satisfaction of its very-low-income requirements, including the family very-low-income requirements referenced herein. Such posting shall invite any interested party to submit comments to the Town and the Fair Share Housing Center on the issue of whether the Town has complied with its very-low-income housing obligation under the terms of this settlement.
In addition to the foregoing postings, the Town may also elect to file copies of its reports with COAH or its successor agency at the state level.
§ 30-605.3 Definitions.
[Added 9-14-2022 by Ord. No. O-29-2022; amended 8-8-2023 by Ord. No. O-11-2023]
The following terms when used in this article shall have the meanings given in this section:
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.) as has been subsequently amended.
Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity responsible for the administration of affordable units in accordance with this article, including an Administrative Agent designated by a developer of affordable housing, applicable COAH regulations and the Uniform Housing Affordability Controls (UHAC) (N.J.A.C. 5:80-26.1 et seq.)
A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15 and applicable law.
The average percentage of median income at which restricted units in an affordable housing development are affordable to very-low-, low- and moderate-income households.
A sales price or rent within the means of a very-low-, low- or moderate-income household as defined by the Fair Housing Act; in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.
A housing development all or a portion of which consists of restricted units.
A development included in the Town's Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development but shall not include a development with less than five units to require an affordable housing component.
Any mechanism in the Town's Fair Share Plan prepared or implemented to address the Town's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited pursuant to applicable COAH regulations, the FSHC Settlement Agreement, or an order of the court.
The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that: 1) all the residents of the development where the unit is situated are 62 years or older; or 2) at least 80% of the units are occupied by one person that is 55 years or older; or 3) the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
A structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangement includes, but is not limited to: transitional facilities for the homeless, Class A, B, C, D, and E boardinghomes as regulated by the New Jersey Department of Community Affairs; residential health-care facilities as regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements.
A facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
A household that has been certified by an Administrative Agent as a very-low-income household, low-income household or moderate-income household.
The New Jersey Council on Affordable Housing.
The Department of Community Affairs of the State of New Jersey, that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load-bearing structural systems.
Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development, including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.
A non-age-restricted affordable unit available to the general public and not restricted to persons of a certain age, disability, or background.
A development containing both affordable units and market rate units. This term includes, but is not necessarily limited to: new construction, the conversion of a nonresidential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure.
A household with a total gross annual household income equal to 50% or less of the median household income.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include, but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load-bearing structural systems.
Housing not restricted to very-low-, low- and moderate-income households that may sell or rent at any price.
The median income by household size for the applicable county, as adopted annually by the Department.
A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income household.
The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for Morristown.
Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a Class A beneficiary and the transfer of ownership by court order.
A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).
The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by the Department's adopted Regional Income Limits published annually by the Department.
The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.
A dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.
The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.
A household with a total gross annual household income equal to 30% or less of the median household income.
A restricted unit that is affordable to a very-low-income household.
Building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for rehabilitation.
§ 30-605.4 Applicability.
[Added 9-14-2022 by Ord. No. O-29-2022; amended 8-8-2023 by Ord. No. O-11-2023]
The provisions of this article shall apply to all affordable housing developments and affordable housing units that currently exist and that are proposed to be created within the Town of Morristown pursuant to the Town's most recently adopted Housing Element and Fair Share Plan, but shall not have a retroactive effect in accordance with the provisions of the time of application rule of the Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq.
Moreover, this article shall apply to all developments that contain very-low-, low-, and moderate-income housing units, including any currently unanticipated future developments that will provide very-low-, low- and moderate-income housing units.
§ 30-605.5 Alternative Living Arrangements.
[Added 9-14-2022 by Ord. No. O-29-2022; amended 8-8-2023 by Ord. No. O-11-2023]
The administration of an alternative living arrangement shall be in compliance with N.J.A.C. 5:93-5.8 and UHAC, with the following exceptions:
With the exception of units established with capital funding through a twenty-year operating contract with the Department of Human Services, Division of Developmental Disabilities, alternative living arrangements shall have at least ten-year controls on affordability in accordance with UHAC, unless an alternative commitment is approved by the court.
The service provider for the alternative living arrangement shall act as the Administrative Agent for the purposes of administering the affirmative marketing and affordability requirements for the alternative living arrangement.
§ 30-605.6 Phasing Schedule for Inclusionary Zoning.
[Added 9-14-2022 by Ord. No. O-29-2022; amended 8-8-2023 by Ord. No. O-11-2023]
In inclusionary developments the following phasing schedule, located at N.J.A.C. 5:93-5.6(d), shall be followed:
Maximum Percentage of Market-Rate Units Completed | Minimum Percentage of Very-Low-, Low- and Moderate-Income Units Completed |
|---|---|
25% | 0% |
25% + 1 unit | 10% |
50% | 50% |
75% | 75% |
90% | 100% |
§ 30-605.7 New Construction.
[Added 9-14-2022 by Ord. No. O-29-2022; amended 8-8-2023 by Ord. No. O-11-2023]
Very-low/low/moderate split and bedroom distribution of affordable housing units:
The fair share obligation shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit.
At least 13% of all restricted units within each bedroom distribution shall be very-low-income units (affordable to a household earning 30% or less of median income). The very-low-income units shall be counted as part of the required number of low-income units within the development.
At least 25% of the obligation shall be met through rental units, including at least half in rental units available to families.
A maximum of 25% of the Town's obligation may be met with age-restricted units. At least half of all affordable units in the Town's Plan shall be available to families.
In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units including the requirement that 13% that shall be very-low-income.
Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:
The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total very-low-, low-, and moderate-income units;
At least 30% of the total very-low-, low-, and moderate-income units shall be two-bedroom units;
At least 20% of the total very-low-, low-, and moderate-income units shall be three-bedroom units; and
The remaining affordable units may be allocated among two- and three-bedroom units at the discretion of the developer.
Affordable developments that are age-restricted shall be structured such that the number of bedrooms shall equal the number of age-restricted very-low-, low-, and moderate-income units within the inclusionary development. This standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.
Accessibility requirements.
The first floor of all restricted townhouse dwelling units and all restricted units in all other multistory buildings shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
All restricted townhouse dwelling units and all restricted units in other multistory buildings in which a restricted dwelling unit is attached to at least one other dwelling unit shall have the following features:
An adaptable toilet and bathing facility on the first floor; and
An adaptable kitchen on the first floor; and
An interior accessible route of travel on the first floor; and
An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and
If not all of the foregoing requirements in Paragraphs b2(a) through (d) can be satisfied, then an interior accessible route of travel must be provided between stories within an individual unit, but if all of the terms of Paragraphs b2(a) through (d) above have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; and
An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that the Town has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:
Where a unit has been constructed with an adaptable entrance, upon the request of a person with disabilities who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.
To this end, the builder of restricted units shall deposit funds within the Town affordable housing trust fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.
The funds deposited under Paragraph b2(f)(2) above shall be used by the Town for the sole purpose of making the adaptable entrance of an affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
The developer of the restricted units shall submit a design plan and cost estimate to the Town Construction Official for the conversion of adaptable to accessible entrances.
Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Town's Affordable Housing Trust Fund in care of the Town Chief Financial Officer who shall ensure that the funds are deposited into the Affordable Housing Trust Fund and appropriately earmarked.
Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is site impracticable to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
Design.
In future inclusionary developments, very-low-, low- and moderate-income units shall, to the extent reasonably practicable, be integrated with the market units.
In inclusionary developments, very-low-, low-, and moderate-income units shall have access to all of the same common elements and facilities as the market units. The residents of the affordable units shall have full and equal access to all of the amenities, entrances, common areas, and recreation areas and facilities as the residents of the market-rate units.
Maximum rents and sales prices.
In establishing rents and sales prices of affordable housing units, the Administrative Agent shall follow the procedures set forth in UHAC utilizing the most recently published regional weighted average of the uncapped Section 8 income limits published by HUD and by the Superior Court.
The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than 60% of median income, and the average rent for restricted rental units shall be affordable to households earning no more than 52% of median income.
The developers and/or municipal sponsors of restricted units shall establish at least one rent for each bedroom type for both low-income and moderate-income units, provided that at least 13% of all low- and moderate-income rental units shall be affordable to very-low-income households, earning 30% or less of the regional median household income, with such very-low-income units counted toward the low-income housing requirement.
The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70% of median income, and each affordable development must achieve an affordability average of 55% for restricted ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three different sales prices for each bedroom type, and low-income ownership units must be available for at least two different sales prices for each bedroom type, provided that at least 13% of all low- and moderate-income rental units shall be affordable to very-low-income households, earning 30% or less of the regional median household income, with such very-low-income units counted toward the low-income housing requirement.
In determining the initial sales prices and rent levels for compliance with the affordability average requirements for restricted units other than assisted living facilities and age-restricted developments, the following standards shall be used:
A studio unit shall be affordable to a one-person household;
A one-bedroom unit shall be affordable to a one-and-one-half-person household;
A two-bedroom unit shall be affordable to a three-person household;
A three-bedroom unit shall be affordable to a four-and-one-half-person household; and
A four-bedroom unit shall be affordable to a six-person household.
In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units in assisted living facilities and age-restricted developments, the following standards shall be used:
The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 28% of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
The initial rent for a restricted rental unit shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate size household, including an allowance for tenant-paid utilities, as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
Income limits for all units that are part of the Town's Housing Element and Fair Share Plan, and for which income limits are not already established through a federal program exempted from the Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26.1, shall be updated by the Town annually within 30 days of the publication of determinations of median income by HUD as follows:
The income limit for a moderate-income unit for a household of four shall be 80% of the HUD determination of the median income for COAH Region 2 for a family of four. The income limit for a low-income unit for a household of four shall be 50% of the HUD determination of the median income for COAH Region 2 for a family of four. The income limit for a very-low-income unit for a household of four shall be 30% of the HUD determination of the median income for COAH Region 2 for a family of four. These income limits shall be adjusted by household size based on multipliers used by HUD to adjust median income by household size. In no event shall the income limits be less than the previous year.
The income limits are based on carrying out the process in Paragraph d9(a) based on HUD determination of median income for the current fiscal year, and shall be utilized by the Town until new income limits are available.
In establishing sale prices and rents of affordable housing units, the Administrative Agent shall follow the procedures set forth in UHAC, utilizing the regional income limits established by the Council.
The price of owner-occupied very-low-, low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region determined pursuant to Paragraph d9. In no event shall the maximum resale price established by the Administrative Agent be lower than the last recorded purchase price.
The rents of very-low-, low- and moderate-income units may be increased annually based on the permitted percentage increase in the Housing Consumer Price Index for the Northern New Jersey Area, upon its publication for the prior calendar year. This increase shall not exceed 9% in any one year. Rents for units constructed pursuant to low-income housing tax credit regulations shall be indexed pursuant to the regulations governing low-income housing tax credits.
§ 30-605.8 Utilities.
[Added 9-14-2022 by Ord. No. O-29-2022; amended 8-8-2023 by Ord. No. O-11-2023]
Affordable units shall utilize the same type of heating source as market units within an inclusionary development.
Tenant-paid utilities included in the utility allowance shall be set forth in the lease and shall be consistent with the utility allowance approved by HUD for its Section 8 program.
§ 30-605.9 Occupancy Standards.
[Added 9-14-2022 by Ord. No. O-29-2022; amended 8-8-2023 by Ord. No. O-11-2023]
In referring certified households to specific restricted units, the Administrative Agent shall, to the extent feasible and without causing an undue delay in the occupancy of a unit, strive to:
§ 30-605.10 Control Periods for Restricted Ownership Units and Enforcement Mechanisms.
[Added 9-14-2022 by Ord. No. O-29-2022; amended 8-8-2023 by Ord. No. O-11-2023]
Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each restricted ownership unit shall remain subject to the requirements of this chapter for a period of at least 30 years and thereafter unless and until the Town takes action by ordinance, in its sole discretion, to either extend or release the unit from such requirements; prior to such action, a restricted ownership unit must remain subject to the requirements of N.J.A.C. 5:80-26.1 for at least 30 years.
The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.
Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the Administrative Agent shall determine the restricted price for the unit and shall also determine the nonrestricted, fair market value of the unit based on either an appraisal or the unit's equalized assessed value without the restrictions in place.
At the time of the initial sale of the unit, the initial purchaser shall execute and deliver to the Administrative Agent a recapture note obligating the purchaser (as well as the purchaser's heirs, successors and assigns) to repay, upon the first nonexempt sale after the unit's release from the restrictions set forth in this chapter, an amount equal to the difference between the unit's nonrestricted fair market value and its restricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.
The affordability controls set forth in this chapter shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.
A restricted ownership unit shall be required to obtain a continuing certificate of occupancy or a certified statement from the Construction Official stating that the unit meets all Uniform Construction Code standards upon the first transfer of title following the removal of the restrictions provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
§ 30-605.11 Price Restrictions for Restricted Ownership Units, Homeowner Association Fees and Resale Prices.
[Added 9-14-2022 by Ord. No. O-29-2022; amended 8-8-2023 by Ord. No. O-11-2023]
Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:
The initial purchase price for a restricted ownership unit shall be approved by the Administrative Agent.
The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.
The master deeds of inclusionary developments shall provide no distinction between the condominium or homeowner association fees and special assessments paid by very-low-, low- and moderate-income purchasers and those paid by market purchasers unless the master deed for the inclusionary project was executed prior to the enactment of UHAC.
The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of anticipated capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom.
§ 30-605.12 Buyer Income Eligibility.
[Added 9-14-2022 by Ord. No. O-29-2022; amended 8-8-2023 by Ord. No. O-11-2023]
Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for households with a gross household income less than 80% of median income.
The Administrative Agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 33% of the household's eligible monthly income.
§ 30-605.13 Limitations on Indebtedness Secured by Ownership Unit; Subordination.
[Added 9-14-2022 by Ord. No. O-29-2022; amended 8-8-2023 by Ord. No. O-11-2023]
Prior to incurring any indebtedness to be secured by a restricted ownership unit, the owner shall apply to the Administrative Agent for a determination in writing that the proposed indebtedness complies with the provisions of this section, and the Administrative Agent shall issue such determination prior to the owner incurring such indebtedness.
With the exception of first purchase money mortgages, neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of the unit, as such price is determined by the Administrative Agent in accordance with N.J.A.C. 5:80-26.6(b).
§ 30-605.14 Capital Improvements to Ownership Units.
[Added 9-14-2022 by Ord. No. O-29-2022; amended 8-8-2023 by Ord. No. O-11-2023]
The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of capital improvements made since the purchase of the unit. Eligible capital improvements shall be those that render the unit suitable for a larger household or that add an additional bathroom. In no event shall the maximum sales price of an improved housing unit exceed the limits of affordability for the larger household.
Upon the resale of a restricted ownership unit, all items of property that are permanently affixed to the unit or were included when the unit was initially restricted (for example, refrigerator, range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be included in the maximum allowable resale price. Other items may be sold to the purchaser at a reasonable price that has been approved by the Administrative Agent at the time of the signing of the agreement to purchase. The purchase of central air conditioning installed subsequent to the initial sale of the unit and not included in the base price may be made a condition of the unit resale, provided the price, which shall be subject to ten-year, straight-line depreciation, has been approved by the Administrative Agent. Unless otherwise approved by the Administrative Agent, the purchase of any property other than central air conditioning shall not be made a condition of the unit resale. The owner and the purchaser must personally certify at the time of closing that no unapproved transfer of funds for the purpose of selling and receiving property has taken place at the time of or as a condition of resale.
§ 30-605.15 Control Periods for Restricted Rental Units.
[Added 9-14-2022 by Ord. No. O-29-2022; amended 8-8-2023 by Ord. No. O-11-2023]
Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and each restricted rental unit shall remain subject to the requirements of this chapter for a period of at least 30 years and thereafter unless and until the Town takes action by resolution, in its sole discretion, to extend or release the unit from such requirements. Prior to such action, a restricted rental unit shall remain subject to the requirements of N.J.A.C. 5:80-26.1 for at least 30 years. If the Town elects to release the controls after at least 30 years, the Town shall ensure that the affordability controls shall remain in effect until the date on which a rental unit shall become vacant due to the voluntary departure of the occupant household.
Deeds of all real property that includes restricted rental units shall contain deed restriction language. 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 Morris. A copy of the filed and recorded document shall be provided to the Administrative Agent within 30 days of the receipt of a certificate of occupancy.
A restricted rental unit shall remain subject to the affordability controls of this chapter despite the occurrence of any of the following events:
§ 30-605.16 Rent Restrictions for Rental Units; Leases.
[Added 9-14-2022 by Ord. No. O-29-2022; amended 8-8-2023 by Ord. No. O-11-2023]
A written lease shall be required for all restricted rental units, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease so long as it is consistent with the approved rent. A copy of the current lease for each restricted rental unit shall be provided to the Administrative Agent.
No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the Administrative Agent.
Application fees (including the charge for any paperwork or checks) shall not exceed 5% of the monthly rent of the applicable restricted unit or $50, whichever is lesser, and shall be payable to the Administrative Agent to be applied to the costs of administering the controls applicable to the unit as set forth in this chapter.
§ 30-605.17 Tenant Income Eligibility.
[Added 9-14-2022 by Ord. No. O-29-2022; amended 8-8-2023 by Ord. No. O-11-2023]
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined as follows:
Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of median income.
Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income.
Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income.
The Administrative Agent shall certify a household as eligible for a restricted rental unit when the household is a very-low-income household, low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
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 reliable anticipated 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.
The applicant shall file documentation sufficient to establish the existence of the circumstances in Paragraphs b1 through b5 above with the Administrative Agent, who shall counsel the household on budgeting.
§ 30-605.18 Nondiscrimination.
[Added 9-14-2022 by Ord. No. O-29-2022; amended 8-8-2023 by Ord. No. O-11-2023]
income-eligible households that demonstrate the ability to pay shall not be denied access to affordable units on the basis of credit score/history or a prior eviction, and any inquiry into an applicant's criminal history must comply with the Fair Chance in Housing Act. See P.L. 2021, c. 110.[1]
[1]
Editor's Note: See N.J.S.A. 46:8-52 et seq.
§ 30-605.19 Administrative Agent.
[Added 9-14-2022 by Ord. No. O-29-2022; amended 8-8-2023 by Ord. No. O-11-2023]
The Administrative Agent shall be an independent entity serving under contract to and reporting to the Town or as designated by a developer of inclusionary housing that has been approved by the municipality. For new sale and rental developments, all of the fees of the Administrative Agent shall be paid by the owners of the affordable units for which the services of the Administrative Agent are required. For resales, single-family homeowners and condominium homeowners shall be required to pay 3% of the sales price for services provided by the Administrative Agent related to the resale of their homes. That fee shall be collected at closing and paid directly to the Administrative Agent. The Administrative Agent shall perform the duties and responsibilities of an Administrative Agent as set forth in UHAC, including those set forth in N.J.A.C. 5:80-26.14, 16 and 18 thereof, which includes:
Affirmative marketing.
Conducting an outreach process to affirmatively market affordable housing units in accordance with the Town's affirmative marketing plan and the provisions of N.J.A.C. 5:80-26.15; and
Providing counseling or contracting to provide counseling services to very-low-, low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
Household certification.
Soliciting, scheduling, conducting and following up on interviews with interested households; and
Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a very-low-, low- or moderate-income unit; and
Providing written notification to each applicant as to the determination of eligibility or noneligibility; and
Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendices J and K of N.J.A.C. 5:80-26.1 et seq.; and
Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located; and
Employing a random selection process as provided in the affirmative marketing plan of the Town when referring households for certification to affordable units; and
Ensuring income-eligible applicants are not prohibited from access to housing, e.g., by not requiring a Social Security number if unavailable; and
Notifying the following entities of the availability of affordable housing units in the Town of Morristown: the Fair Share Housing Center, the New Jersey State Conference of the NAACP, the Latino Action Network, NORWESCAP, the Supportive Housing Association, and the Central Jersey Housing Resource Center.
Affordability controls.
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the Morris County Register of Deeds or County Clerk's office after the termination of the affordability controls for each restricted unit;
Communicating with lenders regarding foreclosures; and
Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
Resales and rentals:
Instituting and maintaining an effective means of communicating information between owners and the Administrative Agent regarding the availability of restricted units for resale or rental; and
Instituting and maintaining an effective means of communicating information to very-low-, low- and moderate-income households regarding the availability of restricted units for resale or rerental.
Processing requests from unit owners.
Reviewing and approving requests for determination from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership that the amount of indebtedness to be incurred will not violate the terms of this chapter;
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;
Notifying the Town of an owner's intent to sell a restricted unit; and
Making determinations on requests by owners of restricted units for hardship waivers.
Enforcement.
Securing annually from the Town a list of all affordable housing 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;
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;
Posting annually in all rental properties, including two-family homes, of 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;
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;
Establishing a program for diverting unlawful rent payments to the Town's Affordable Housing Trust Fund; and
Creating and publishing a written operating manual for each affordable housing program administered by the Administrative Agent, to be approved by the Town Mayor and Council and the court, setting forth procedures for administering the affordability controls.
Additional responsibilities.
The Administrative Agent shall have the authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.
The Administrative Agent shall prepare monitoring reports for submission to the municipal housing liaison in time to meet any monitoring requirements and deadlines imposed by the court.
The Administrative Agent shall attend continuing education sessions on affordability controls, compliance monitoring, and affirmative marketing at least annually and more often as needed.
§ 30-605.20 Affirmative Marketing Requirements.
[Added 9-14-2022 by Ord. No. O-29-2022; amended 8-8-2023 by Ord. No. O-11-2023]
Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the Town shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, a requirement for household recertification, acceleration of all sums due under a mortgage, recuperation of any funds from a sale in violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.
After providing written notice of a violation to an owner, developer or tenant of a very-low-, low- or moderate-income unit and advising the owner, developer or tenant of the penalties for such violations, the Town may take the following action(s) against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:
The Town may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation or violations of the regulations governing the affordable housing unit. If the owner, developer or tenant is adjudged by the court to have violated any provision of the regulations governing affordable housing units, the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the court:
A fine of not more than $2,000 per day or imprisonment for a period not to exceed 90 days, or both, provided that each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not a continuation of the initial offense;
In the case of an owner who has rented a low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Town affordable housing trust fund of the gross amount of rent illegally collected;
In the case of an owner who has rented a low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the court.
The Town may file a court action in the Superior Court seeking a judgment that would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any such judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low- or moderate-income unit.
The judgment shall be enforceable, at the option of the Town, by means of an execution sale by the sheriff, at which time the very-low-, low- 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 Town, including attorney's fees. The violating owner shall have his right to possession terminated as well as his 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 very-low-, low- and moderate-income unit. The excess, if any, shall be applied to reimburse the Town 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 Town in full as aforesaid, the violating owner shall be personally responsible for the full extent of such deficiency, in addition to any and all costs incurred by the Town 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 Town 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 Town 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 Town. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the Town, whether such balance shall be paid to the owner or forfeited to the Town.
Foreclosure by the Town 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 very-low-, 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 Town may acquire title to the very-low-, 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 very-low-, 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 very-low-, low- and moderate-income unit to be either sold at the sheriff's sale or acquired by the Town shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the Town, with such offer to purchase being equal to the maximum resale price of the very-low-, 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.
§ 30-605.21 Enforcement of Affordable Housing Regulations.
[Added 9-14-2022 by Ord. No. O-29-2022; amended 8-8-2023 by Ord. No. O-11-2023]
Appeals from all decisions of an Administrative Agent appointed pursuant to this chapter shall be filed in writing with the court.