West Orange City Zoning Code
§ 25-18.14
Control Period for Restricted Rental Units.
[Ord. No. 2357-12 § 25-18.14; amended 10-10-2020 by Ord. No. 2619-20]
Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, and each restricted rental unit shall remain subject to the requirements of this section for a period of at least 30 years and thereafter until West Orange takes action by ordinance to release the unit from such requirements; however, prior to such a municipal election, a restricted rental unit must remain subject to the requirements of N.J.A.C. 5:80-26.11. For new projects receiving 9% low-income housing tax credits, a control period of not less than a thirty-year compliance period plus a fifteen-year extended use period shall be required.
a.
Deeds of all real property that include 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 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. Neither the unit nor its affordability designation shall change throughout the term of the deed restriction.
b.
A restricted rental unit shall remain subject to the affordability controls of this section, despite the occurrence of any of the following events:
1.
Sublease or assignment of the lease of the unit;
2.
Sale or other voluntary transfer of the ownership of the unit; or
3.
The entry and enforcement of any judgment of foreclosure on the property containing the unit.
