All new Residential, Mix-Use Development or Substantial Rehabilitation having 15 or more Residential units shall set aside 20% of the total number of Residential units as Income-Restricted Units in accordance with the Standards set forth in Section 41:21-3. Of that 20%

The following compensatory benefits are provided to facilitate the inclusion of affordable housing:

The income-restricted units required by Section 41:21-2 of this Chapter shall be constructed on-site. Provision of any of the required income-restricted units off-site is prohibited.

Rounding. When any calculation of the mandatory set-aside results in a fractional income-restricted unit of 1/2 or more, the fraction shall be rounded up to the next whole unit. When such a calculation results in a fraction of less than 1/2, the fraction shall be rounded down to the previous whole unit.

Income-restricted units shall be integrated with and interspersed among the market-rate units.

Any residential unit which is reserved for the superintendent of a residential development that is subject to this Chapter shall not be credited towards satisfaction of the mandatory set-aside.

The marketer of income-restricted units created pursuant to this Chapter shall, without unduly delaying occupancy, affirmatively market with best efforts said units in accordance with the lottery system set forth in Section 41:21-19, paragraph 6 of this Chapter.

It is the intent of this Chapter to prevent evasion of its requirements by the artificial subdivision, separation, construction or rehabilitation of a project into smaller developments through the manipulation of the design or implementation schedule. The Zoning Board of Adjustment, therefore, shall review each application, including the completed checklist required by Section 41:21-6 of this Chapter, to determine whether the project has been artificially subdivided, separated, constructed or rehabilitated through the manipulation of the design or implementation schedule in order to evade the provisions of this Chapter. If the Zoning Board so finds, the application shall not be approved.

All new Residential, Mix Use Development or Substantial Rehabilitation having less than 15 Residential units. Any project that seeks amended site plan application, which increases the number of units to 15 and over should not be exempt from complying with this Chapter.

Any new Residential, Mix-Use Development or Substantial Rehabilitation undertaken by the Newark City Housing Authority or a non-profit entity in which at least 50% of the total Residential units in the development are for Low or Moderate Income Housing.

Projects that have submitted a complete development application in accordance with N.J.S.A. 40:55D-10.5 prior to the effectiveness of this Chapter, unless the developer seeks a substantial change, modification or amendment

Projects may, with the approval of the Office of City Planning, make a voluntary cash payment into the City of Newark's Affordable Housing Trust Fund in lieu of constructing all or part of the income-restricted units required by this Chapter.

The amount of the payment-in-lieu figure is $180,000 per unit. The Municipal Council, in consultation with the City of Newark, Department of Economic and Housing Development, should review this construction cost figure every five years.

The City may also consider a reduction in the payment-in-lieu should the Developer provide the following community benefits:

The Office of City Planning is authorized to approve voluntary cash payment-in-lieu only upon written findings, supported by the record, that such a contribution will further the housing policies of the City of Newark more than the construction of income-restricted units at the time of the development application. In making such findings, the Office of City Planning shall consider and determine the following factors:

The opportunity to make a voluntary payment in lieu of constructing income-restricted units is not intended to be and should not be construed as a right available to developers at their sole option. The policy of this Chapter favors construction of income-restricted units.

The Office of City Planning approval of any payment-in-lieu shall be conditioned upon the developer and the City entering into a developer's agreement that details the manner in which the payment-in-lieu commitment will be fulfilled.

A Developer will not receive a Certification of Occupancy (CO), until the City has received the agreed upon payment in lieu of construction.

10% of the voluntary payment in lieu of construction acquired shall be applied or expended within the ward where the development is located. No moratorium or suspension of this allocation requirement may be authorized, except upon Resolution adopted by Municipal Council.

The Municipal Council, at its discretion and by Ordinance, has the authority to make changes to the amount of the payment-in-lieu on a specific development project.

Upon receipt of each submitted Checklist, the Zoning Board of Adjustment Clerk or Secretary shall forward a copy of same to the Manager of the City of Newark Division of Housing Assistance in the Department of Economic and Housing Development.

As soon as reasonably practicable, the Manager of the Division of Housing and Real Estate Development shall submit any written comments which the Manager may have on a completed Checklist to the Zoning Board Clerk or Secretary. Upon receipt, the Zoning Board Clerk or Secretary shall distribute the Manager's written comments to the Zoning Board members.

Nothing in this Chapter shall be construed as altering any applicable time periods established by New Jersey statute or City of Newark Ordinance for Zoning Office action on a development application.

Certificates of Occupancy for the last 10% of the market-rate units shall not be issued until Certificates of Occupancy have been issued for all of the required income-restricted units.

A schedule setting forth the phasing of the actual number of total units and income-restricted units, by unit size, for each development shall be incorporated into the resolution of approval for any development subject to the provisions of this Chapter.

In determining the initial rents and initial sales prices for compliance with the affordability average requirements for income-restricted units other than assisted living facilities, the following standards shall be used:

For assisted living facilities, the following standards shall be used:

In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the administrative agent shall strive to:

Each income-restricted ownership unit shall remain subject to the requirements of this Chapter for a period of 30 years; provided, however, that:

The affordability control period for an income-restricted ownership unit shall commence on the date the initial certified household takes title to the income-restricted unit and shall terminate only at such time as is applicable under Subsection 1 above.

Prior to the issuance of the initial Certificate of Occupancy for an income-restricted ownership unit and upon each successive sale during the period of income-restricted ownership, the administrative agent shall determine the income-restricted price for the unit and shall also determine the non-restricted, fair market value of the unit based on either an appraisal or the unit's equalized assessed value. At the time of the sale of the unit, the 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 non-exempt sale after the unit's release from the requirements of this Chapter, an amount equal to the difference between the unit's non-restricted fair market value and its restricted price. The recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit. The recapture note and recapture mortgage lien shall be in favor of the Agency if the unit was financed New Jersey Housing and Mortgage Finance Agency (NJHMFA) contributed to the financing of the unit, and, in all other cases, in favor of the City of Newark. The recapture note and recapture mortgage lien shall be in the form prescribed in Subchapter Appendices L, M, N, O, P and Q of N.J.A.C. 5:80-26, as may be amended or supplemented, incorporated herein by reference, and as applicable.

All conveyances of income-restricted ownership units shall be made by deeds and restrictive covenants substantially in the form prescribed in Subchapter Appendices A, B, C, D, L, M, N, O, P and Q of N.J.A.C. 5:80-26, as same may be amended or supplemented, incorporated herein by reference, as applicable.

The affordability controls set forth in this Chapter and incorporated in instruments in the forms presented Appendices A, D, E, F, G, H, I, J, K, L, M, N, O, P and Q of N.J.A.C. 5:80-26, as same may be amended or supplemented, incorporated herein by reference, shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to income-restricted ownership units.

At the time of the first non-exempt sale following a thirty-year interval from the date of the issuance of the initial Certificate of Occupancy, the City of Newark shall have the right of first refusal to purchase an income-restricted ownership unit at the maximum restricted price, with the exceptions noted under Subsection 1 above, provided that:

All income-restricted ownership units created pursuant to this Chapter shall be released from the requirements of this Chapter upon the expiration of the applicable control period specified under Subsection 1 above, provided that:

In those instances in which control periods expire pursuant to this section, the administrative agent shall, within 60 days of the expiration of the control period, execute a release, substantially in form set forth in Appendix F to N.J.A.C. 5:80-26, as same may be amended or supplemented, incorporated herein by reference, of all restriction instruments with respect to the unit. The owner of the income-restricted unit is responsible for recording the release instruments and returning the recorded originals promptly to the administrative agent. Upon the expiration of the control period for an income-restricted ownership unit established in this section, the owner of the unit shall be entitled to sell it to any purchaser at the fair market price.

The initial purchase price for an income-restricted ownership unit shall be approved by the administrative agent and, if the unit is receiving assistance under the balanced housing program, shall be consistent with the balanced housing grant agreement.

The initial purchase price for all income-restricted ownership units except those financed under NJHMFA shall be calculated so that the monthly carrying costs of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve HR15 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 an appropriate household size as determined under N.J.A.C. 5:80-26.4, as many be amended or 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 or supplemented.

The initial purchase price of an income-restricted ownership unit financed under NJHMFA unit shall be calculated so that the monthly carrying costs of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve HR15 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 a household whose income does not exceed 45% of median income, in the case of a low-income unit, or 72% of median income, in the case of a moderate-income unit, and that is of an appropriate household size as determined under N.J.A.C. 5:80 — 26.4, as may be amended or supplemented.

The maximum resale price for an income-restricted ownership unit, if the resale occurs prior to the one-year anniversary of the date on which title to the unit was first transferred to a certified household, is the initial purchase price. If the resale occurs on or after such anniversary date, the maximum resale price shall be consistent with the regional income limits most recently published by COAH and calculated pursuant to N.J.A.C. 5:94-7.2(b), as same may be amended or supplemented. 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 developments subject to this Chapter shall provide no distinction between the condominium or homeowner association fees and special assessments paid by low- and moderate-income purchasers and those paid by market purchasers.

Low-income ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income. Moderate income ownership units shall be reserved for households with a gross household income less than 80% of median income. For example, a household earning 48% of median income may be placed in any low-income unit; however, a household earning 53% does not qualify for a low-income unit. A household earning 67% of median may be placed in any moderate income housing unit. A household earning less than 50% of median may be placed in a moderate income housing unit. Notwithstanding the foregoing, however, the administrative agent may permit moderate-income purchasers to buy low-income units in housing markets where, as determined by COAH or the Division, as applicable, low-income prices are required but there is an insufficient number of low-income purchasers to permit prompt occupancy of the units. A certified household that purchases an income-restricted ownership unit must occupy it as the principal residence and not lease the unit; provided, however, the administrative agent may permit the owner of an income-restricted ownership unit, upon a showing of hardship, to lease the unit to a certified household for a period not to exceed one year.

The administrative agent shall certify a household as eligible for an income-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 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. The administrative agent, however, may exercise the discretion to certify a low-or moderate-income household as eligible despite the fact that the unit's monthly housing cost would exceed the 33% level, if the household obtains a firm mortgage loan commitment at the higher level from a licensed financial institution, under terms consistent with the requirements of the New Jersey Home Ownership Security Act of 2002, N.J.S.A. 46:10B-22 et seq., including certification from a non-profit counselor approved by HUD or the New Jersey Department of Banking and Insurance that the borrower has received counseling on the advisability of the loan transaction.

Prior to incurring any indebtedness to be secured by an income-restricted ownership unit, the owner shall submit to the Deputy Mayor/Director of the Department of Economic and Housing Development and the administrative agent a notice of intent to incur such indebtedness, in such form and with such documentary support as determined by the administrative agent, and the owner shall not incur any such indebtedness unless and until the administrative agent has determined in writing that the proposed indebtedness complies with the provisions of this section.

With the exception of original purchase money mortgages, during a control period, neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by an income-restricted ownership unit to exceed 95% of the maximum allowable resale price of that unit, as such price is determined by the Deputy Mayor/Director of the Department of Economic and Housing Development in accordance with N.J.A.C. 5:80-26.6(c), as same may be amended or supplemented.

The owners of income-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 for affordability for the larger household.

Upon the resale of an income-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 signing 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, 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 resale.

An income-restricted ownership unit shall be required to obtain a Continuing Certificate of Occupancy or a certified statement from the City of Newark Building Inspector stating that the unit meets all code standards upon the first transfer of title that follows the expiration of the applicable minimum control period provided under N.J.A.C. 5:80-26.5(a), as may be amended or supplemented.

Each income-restricted rental unit created pursuant to this Chapter shall remain subject to the requirements of this Chapter for a period of 30 years; provided, however, that:

The affordability control period for the income-restricted rental units in a development subject to this Chapter shall commence on the first date that a certified household occupies a unit and shall terminate only at such time that the City of Newark opts to release the unit from the requirements of this Chapter in accordance with Subsection 5 below, except that the affordability controls set forth in this Chapter shall remain in effect until the date on which a rental unit shall become vacant, provided that the occupant household continues to earn a gross annual income of less than 80% of the applicable median income. If, at that time, a rental household's income is found to exceed 80% of the regional median income, the rental rate restriction shall expire at the later of either the next scheduled lease renewal or 60 days.

Deeds of all real property that include income-restricted rental units shall contain deed restriction language substantially in the form set forth in Appendix E to N.J.A.C. 5:80-26, as may be amended or supplemented, incorporated herein by reference. The deed restriction shall have priority over all mortgages on the property. The deed restriction shall be filed by the developer or seller with the records office of Essex County, and a copy of the filed document shall be provided to the administrative agent within 30 days of the receipt of a certificate of occupancy. The preparer of the foregoing instrument shall certify to the administrative agent that the deed restriction language in Appendix E has been included therein.

An income-restricted rental unit shall remain subject to the affordability controls of this Chapter despite the occurrence of any of the following events:

All income-restricted rental units in any development created pursuant to this Chapter shall be released from the requirements of this Chapter upon the expiration of the minimum control period specified under subsection a above, provided that:

The initial rent for an income-restricted rental unit shall be approved by the administrative agent and, if the unit is receiving assistance under the Balanced Housing Program, shall be consistent with the Balanced Housing grant agreement. The initial rent shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate household size as determined under N.J.A.C. 5:80-26.4, as may be amended or 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 or supplemented.

At the anniversary date of the tenancy of the certified household occupying an income-restricted rental unit, the rent may be increased, if such increase is consistent with the regional income limits most recently published by COACH, calculated pursuant to N.J.A.C. 5:94-7.2(b), as may be amended or supplemented, and has been filed with the administrative agent. If the landlord has charged a tenant less than the initial maximum allowable rent for a restricted unit, the landlord may, with the approval of the administrative agent, use the maximum allowable rent instead of the current rent in performing this multiplication to establish the rent for the next tenant under a new lease.

Approved initial rents may not be increased when an announcement of a COACH-adopted increase occurs during initial lease-up activity. Rents may not be increased more than once a year. Rents may not be increased by more than one COACH-approved increment at one time. Rents may not be increased at the time of a new occupancy if the new occupancy occurs within a year of the last occupancy and prior to the next published COACH-adopted increase. No additional fees or charges may be added to the approved rent (except, in the case of units in an assisted living residence, for the customary charges for food and services) without the express written approval of the administrative agent. Application fees (including the charge for any credit check) may not exceed 5% of the monthly rental of the applicable restricted unit and shall be payable to the administrative agent to be applied to the costs of administering the controls in this section as applicable to the unit.

A written lease is required for all income-restricted rental units, except for units in an assisted living residence. Final lease agreements are the responsibility of the landlord and the prospective tenant. Tenants are responsible for security deposits and the full amount of the rent as stated on the lease. All lease provisions shall comply with applicable law. The landlord shall provide the administrative agent with sufficient information for a preparation of a unit inventory form for entry into the centralized affordable housing unit inventory system. The landlord shall submit a copy of each lease entered into with a certified household to the administrative agent within 10 business days after the execution of each lease.

Those tenant-paid utilities that are included in the utility allowance shall be so stated in the lease. The allowance for utilities shall be consistent with the utility allowance approved by DACE for its Section 8 program.

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 an income-restricted rental unit when the household is a 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 or supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:

The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection 2 above with the administrative agent, who shall counsel the household on budgeting.

No applicant or tenant shall be discriminated against on the basis of actual or perceived race, religion, national origin, nationality, ancestry, pregnancy or breastfeeding, sex, gender identity or expression, sexual orientation, familial status) defined as having care or custody of a child under age 18 or being pregnant), disability, liability for service in the Armed Forces of the United States, marital status, civil union status, domestic partnership status, criminal background or legal source of income to be used for rental or mortgage payments.

The affordability controls set forth in this Chapter shall be administered and enforced by the administrative agent. The primary responsibility of the administrative agent shall be to ensure that the income-restricted units under administration are sold or rented, as applicable, only to low and moderate-income households. Among the responsibilities of the administrative agent are the following:

(Reserved)

The administrative agent shall create and shall publish in plain English, and in such other languages as may be appropriate to serving its client base, a written operating manual, as approved by COAH, to the extent applicable, setting forth procedures for administering such affordability controls, including procedures for long-term control of restricted units; for enforcing the covenants set forth in Appendices A, B, C, D and E of N.J.A.C. 5:80-26, as may be amended or supplemented, consistent with the provisions of N.J.A.C. 5:80-26.18, as may be amended or supplemented; and for releasing income-restricted units promptly at the conclusion of applicable control periods. The administrative agent shall have authority to take all actions necessary and appropriate to carrying out its responsibilities hereunder. The operating manual shall have a separate and distinct Chapter or Section setting forth the process for identifying applicant households seeking certification to restricted units, for reviewing applicant household eligibility, and for certifying applicant households in accordance with the household certification and referral requirements set forth in N.J.A.C. 5:80-26.16, as may be amended or supplemented.

In the event that the City shall not otherwise appoint one or more administrative agents, the City of Newark, Division of Housing Assistance shall serve as the administrative agent for income-restricted units which are created pursuant to this Chapter.

The administrative agent shall have the authority to discharge and release any or all instruments filed of record to establish affordability controls.

The adminsitrative agent shall establish a lottery system for the selection of eligible applicant households to be referred to the developer for the purchase or lease of an income restrict unit as follows:

The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer or sponsor of income-restricted housing. The affirmative marketing plan is also intended to target those potentially eligible persons who are least likely to apply for income-restricted units in the housing region. It is a continuing program that directs all marketing activities toward the housing region and covers the period of deed restriction.

The administrative agent shall assure the affirmative marketing of income-restricted units which are created pursuant to this chapter, and shall be responsible for implementing the affirmative marketing plan. The administrative agent shall attend an affirmative marketing training program approved by COAH, if such program is available.

The City shall ensure that all original applicant and sales records of income-restricted units are returned to the City for reporting purposes and to aid with future resales.

In implementing the affirmative marketing plan, the administrative agent shall designate an experienced staff person approved by COAH, to the extent applicable, to provide counseling services to low and moderate income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law. Alternatively, the administrative agent may contract with an experienced agency approved by COAH, to the extent applicable, to provide such counseling services.

The affirmative marketing plan shall provide the following information:

The affirmative marketing plan shall describe the media to be used in advertising and publicizing the availability of housing. In developing the plan, the administrative agent shall consider the use of language translations. The plan shall include the following:

The affirmative marketing process for available income-restricted units shall begin at least four months prior to expected occupancy. In implementing the marketing program, the administrative agent shall undertake all of the following strategies:

Such advertising and outreach shall take place during the first week of the marketing program and each month thereafter until all the units have been leased or sold. The advertisement shall include at least the following:

Applications for income-restricted housing shall be made available in several locations, including, the Essex County Administrative Building; Newark City Hall and the City of Newark Municipal Library; and the developer's sales office. Applications shall be mailed to prospective applicants upon request.

The costs of advertising income-restricted units created pursuant to this Chapter shall be the developer's responsibility, and said responsibility shall be a condition of Zoning Board of Adjustment approval.

The administrative agent shall secure all information from applicant households necessary and appropriate to determine that income-restricted units are occupied by properly sized households with appropriate low or moderate-income levels. No household may be referred to a restricted unit, or may receive a commitment with respect to a restricted unit, unless that household has received a signed and dated certification, as set forth in this section, and has executed a certificate in the form set forth in Appendices J or K to N.J.A.C. 5:80-26, as may be amended or supplemented and as applicable.

The administrative agent shall prepare a standard form of certification and shall sign and date one for each household when certified. An initial certification shall be valid for no more than 180 days unless a valid contract for sale or lease has been executed within that time period. In this event, certifications shall be valid until such time as the contract for sale or lease is ruled invalid and no occupancy has occurred. Certifications may be renewed in writing at the request of a certified household for an additional period of 180 days at the discretion of the administrative agent.

The administrative agent shall require each member of an applicant household who is 18 years of age or older to provide documentation to verify the member's income, including income received by adults on behalf of minor children for their benefit. Household members 18 years of age or older who do not receive income must produce documentation of current status.

Income verification documentation may include, but is not limited to, the following for each and every member of a household who is 18 years of age or older:

Court ordered payments for alimony or child support to another household, whether or not it is being paid regularly, shall be excluded from income for purposes of determining income eligibility.

At the discretion of the administrative agent, households may also be required to produce documentation of household composition for determining the correct unit size and applicable median income guide.

A certificate of eligibility may be withheld by the administrative agent as a result of an applicant's inability to demonstrate sufficient present assets for down payment or security deposit purposes, subject to development phasing that may provide opportunity for future savings.

A certificate of eligibility may be withheld by the administrative agent as a result of an applicant's inability to verify funds claimed as assets, household composition or other facts represented.

A certificate of eligibility shall be denied by the administrative agent as a result of any willful and material misstatement of fact made by the applicant in seeking eligibility.

The administrative agent shall screen households that apply for low-and moderate-income housing for preliminary income eligibility, by comparing their total gross annual income to the regional low-and moderate-income limits adopted for that year by COAH.

The following information shall promptly be provided to the administrative agent by the developer or sponsor of any project containing any affordable units subject to the requirements of this Chapter, upon the latter of either final municipal land use approval or issuance of a grant contract by a governmental authority:

The Deputy Mayor/Director of the Department of Economic and Housing Development shall liaison with the administrative agent on all matters related to this section as may be necessary and appropriate from time to time.

The City shall ensure that all income-restricted units are identified as affordable within the Tax Assessor's Office and any Municipal Utility Authority (MUA). The City and any MUA shall promptly notify the administrative agent of a change in billing address, payment delinquency of two consecutive billing cycles, transfer of title, or institution of a writ of foreclosure on all income-restricted units.

The City shall provide all reasonable and necessary assistance in support of the administrative agent's efforts to ensure effective compliance with the controls set forth in this Chapter.

Administrative agent practices and procedures shall include the following:

Any developer subject to this Chapter that is substantially rehabilitating a residential and/or mixed use development 40 or more units in the City of Newark, this Chapter shall be effective January 1, 2019;

Any developer subject to this Chapter that is not requesting a tax abatement and/or subsidy from the City of Newark, this Chapter shall be effective January 1, 2019

Any developer subject to this Chapter, except those developers subject to Subsections 1 and 2 under this section, this Chapter shall be effective on January 1, 2018;

Any development that has received its new foundation permit by the above-listed deadline of January 1, 2018, will not be subject to the provisions of this Chapter.