search icon

West Orange City Zoning Code

§ 25-18.16

Tenant Income Eligibility.

[Ord. No. 2357-12 § 25-18.16; amended 10-10-2020 by Ord. No. 2619-20]
Pursuant to N.J.A.C. 5:80-26.13, tenant income eligibility shall be determined as follows:
a. 
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. Very-low-income rental units shall be reserved for households with a gross household income of 30% or less of median income.
b. 
The administrative agent shall certify a household as eligible for a 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; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
1. 
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;
2. 
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;
3. 
The household is currently in substandard or overcrowded living conditions;
4. 
The household documents the existence of assets, with which the household proposes to supplement the rent payments; or
5. 
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.
c. 
The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection b above with the administrative agent, who shall counsel the household on budgeting.