Affordable housing obligation.
A. This article is intended to assure that low- and moderate-income units ("affordable units") are created with controls on affordability and that low- and moderate-income households shall occupy these units. This article shall apply except where inconsistent with applicable law.
B. The City of Northfield 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. The Fair Share Plan has been adopted by the Planning Board and endorsed by the governing body. The Fair Share Plan describes how the City of Northfield shall address its fair share for low- and moderate-income housing as documented in the Housing Element and outlined in the terms of the settlement agreement between the City and the Fair Share Housing Center (FSHC).
C. This article implements the City's Fair Share Plan, addresses the requirements of the Court and the terms of the settlement agreement, and also implements a City-wide requirement that all new multifamily residential development of five or more units shall have a mandatory affordable housing set-aside for low- and moderate-income units, subject to certain enumerated conditions.
D. The City of Northfield shall track the status of the implementation of the Housing Element and Fair Share Plan. Any plan evaluation report of the Housing Element and Fair Share Plan shall be available to the public at City Hall, located on 1600 Shore Road, Northfield, New Jersey 08225.
E. On the first anniversary of the execution of the settlement agreement, April 27, 2018, and every anniversary thereafter through July 2, 2025, the City will provide an 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 Fair Share Housing Center ("FSHC"), or any other forms endorsed by the Special Master and FSHC. In addition to the foregoing, the City may also post such activity on the CTM system and/or file a copy of its report with the Council on Affordable Housing or its successor agency at the state level.
F. The Fair Housing Act includes two provisions regarding actions to be taken by the City during the ten-year period of protection provided by the FSHC agreement. The City will comply with these provisions as follows:
(1) For the midpoint realistic opportunity review due on July 1, 2020, as required pursuant to N.J.S.A. 52:27D-313, the City will post on its municipal website, with a copy provided to Fair Share Housing Center, a status report as to its implementation of its Housing Element and Fair Share Plan and an analysis of whether any unbuilt sites or unfulfilled mechanisms continue to create 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 municipality, with a copy to FSHC, regarding whether any sites no longer present a realistic opportunity and should be replaced and whether the mechanisms established to address the City's unmet need should be revised or supplemented. Any interested party may, by motion, request a hearing before the Court regarding these issues.
(2) 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 FSHC agreement, or April 27, 2018, and every third year thereafter, the City will post on its municipal website, with a copy to Fair Share Housing Center, a status report as to its satisfaction of its very-low-income requirements, including the requirement that 13% of the affordable units in each project will be made available to very-low-income households in the housing region. Such posting shall invite any interested party to submit comments to the municipality and FSHC on the issue of whether the municipality has complied with its very-low-income housing obligation under the terms of its settlement with FSHC.
(3) In addition to the foregoing postings, the City may also elect to file copies of its reports with the Council on Affordable Housing, or its successor agency at the state level.
A. 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:
(1) Provide an occupant for each bedroom;
(2) Provide children of different sex with separate bedrooms; and
(3) Prevent more than two persons from occupying a single bedroom.
B. Additional provisions related to occupancy standards (if any) shall be provided in the applicable operating manuals that shall be prepared by the administrative agent.
Control periods for restricted-ownership units; enforcement mechanisms. See
§ 215-56.17: Control periods for restricted-ownership units; enforcement mechanisms for detailed information.
Price restrictions for restricted-ownership units, homeowners' association fees and resale prices.
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:
A. The initial purchase price for a restricted-ownership unit shall be approved by the administrative agent.
B. The administrative agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.
C. The method used to determine the condominium association fee amounts and special assessments shall be indistinguishable between the low- and moderate-income unit owners and the market unit owners.
D. 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. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom.
Buyer income eligibility.
A. Buyer income eligibility for restricted-ownership units shall be in accordance with N.J.A.C. 5:80-26.1 et seq., 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.
B. 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 homeowners' association fees, as applicable) does not exceed 30% of the household's certified monthly income.
A. A written lease shall be required for all restricted rental units, except for units in an assisted living residence, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the administrative agent.
B. 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.
C. Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit 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 article.