The purpose of this Article is to implement the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.) and the regulations of the New Jersey Council on Affordable Housing (N.J.A.C. 5:94-1 et seq.), as they may be amended or superseded. The article is designed to implement the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.) by assuring that affordable housing created under the Act is occupied by low- and moderate-income households for the appropriate period of time. The words, phrases, and terms herein shall be interpreted to have the same meanings and usages as in the Act and related regulations. (Ord. No. O-06-04 § 1)

a. In each affordable development, at least fifty (50%) percent of the restricted units within each bedroom distribution shall be low-income units and the remainder may be moderate-income units.

b. Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:

1. The combined number of efficiency and one-bedroom units is no greater than twenty (20%) percent of the total low- and moderate-income units;

2. At least thirty (30%) percent of all low- and moderate-income units are two-bedroom units;

3. At least twenty (20%) percent of all low- and moderate-income units are three-bedroom units; and

4. The remainder, if any, may be allocated at the discretion of the developer.

c. Age-restricted low- and moderate-income units may utilize a modified bedroom distribution. At a minimum, the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the affordable development. The standard may be met by creating all one-bedroom units or by creating a two-bedroom unit for each efficiency unit.

d. The maximum rent for affordable units within each affordable development shall be affordable to households earning no more than sixty (60%) percent of median income and the average rent for low- and moderate-income units shall be affordable to households earning no more than fifty-two (52%) percent of median income. The developers and/or municipal sponsors of restricted rental units shall establish at least one (1) rent for each bedroom type for both low-income and moderate-income units, provided that at least ten (10%) percent of all low- and moderate-income units shall be affordable to households earning no more than thirty-five (35%) percent of median income.

e. The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than seventy (70%) percent of median income. Each affordable development shall achieve an affordability average of fifty-five (55%) percent for restricted ownership units. In achieving this affordability average, moderate-income ownership units shall be available for at least three (3) different prices for each bedroom type, and low-income ownership units shall be available for at least two (2) different prices for each bedroom type.

f. Affordable units shall utilize the same type of heating source as market units within the affordable development.

g. The facade of an affordable housing unit shall be indistinguishable from those of market units in terms of the use of exterior materials, windows, doors, reveal, roof pitch, color, or other material. Affordable housing units shall be interspersed with market rate housing to the greatest extent possible.

h. The provisions of this section shall not apply to affordable developments financed under UHORP or MONI or to assisted living residences, which shall comply with the applicable New Jersey Housing Mortgage Finance Agency policies, guidelines and regulations.

(Ord. No. O-06-04 § 1)

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

1. A studio shall be affordable to a one-person household;

2. A one-bedroom unit shall be affordable to a one and one-half-person household;

3. A two-bedroom unit shall be affordable to a three-person household;

4. A three-bedroom unit shall be affordable to a four and one-half-person household;

5. A four-bedroom unit shall be affordable to a six-person household.

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

1. A studio shall be affordable to a one-person household;

2. A one-bedroom unit shall be affordable to one and one-half-person household;

3. A two-bedroom unit shall be affordable to a two-person household or to two (2) one-person households.

c. 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:

1. Provide an occupant for each unit bedroom;

2. Provide children of different sex with separate bedrooms; and

3. Prevent more than two (2) persons from occupying a single bedroom.

(Ord. No. O-06-04 § 1)

a. Each restricted ownership unit shall remain subject to the requirements of the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.) until the City of Bayonne elects to release the unit from such requirements pursuant to action taken in compliance with N.J.A.C. 5:80-26.5(g). Prior to such municipal election, a restricted ownership unit shall remain subject to the requirements of N.J.A.C. 5-80-26.5, for a period of at least thirty (30) years.

b. Each restricted ownership unit shall remain in compliance with and subject to the requirements of the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.5 for control periods, N.J.A.C. 5:80-26.6 for price restrictions, N.J.A.C. 5:80-26.7 for buyer income eligibility, N.J.A.C. 5:80-26.8 for limitations on indebtedness and subordination, N.J.A.C. 5:80-26.9 for capital improvements, and N.J.A.C. 5:80-26.10 for maintenance.

(Ord. No. O-06-04 § 1)

a. Each restricted rental unit shall remain subject to the requirements of the Uniform Housing Affordability Controls until the City of Bayonne elects to release the unit from such requirement pursuant to action taken in compliance with N.J.A.C. 5:80-26.11(e). Prior to such a municipal election, a restricted rental unit shall remain subject to the requirements of N.J.A.C. 5:80-26.11, for a period of thirty (30) years.

b. Each restricted rental unit shall remain in compliance with and subject to the requirements of the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.11 for control periods, N.J.A.C. 5:80-26.12 for restrictions on rents, and N.J.A.C. 5:80-26.13 for tenant income eligibility.

(Ord. No. O-06-04 § 1)

a. Each income restricted unit identified in Bayonne City's Fair Share Housing Plan shall have a designated administrative agent. The affordability controls set forth in this Article shall be administered and enforced by the administrative agent. The primary responsibility of the administrative agent shall be to ensure that the 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 those outlined under N.J.A.C. 5:80-26.14. The City of Bayonne shall administratively approve the designated administrative agent.

b. The Bayonne City COAH Compliance Officer, Housing Affordability Service or other experienced administrative agent approved by the NJ Department of Community Affairs, the NJ Housing Mortgage Finance Agency or COAH for the administration of affordability controls pursuant to the Fair Housing Act.

c. The administrative agent shall have the responsibility to income qualify low and moderate-income households, to place income eligible households in low- and moderate-income units upon initial occupancy, to provide for the initial occupancy of low- and moderate-income units with income qualified households, to continue to qualify households for re-occupancy of units as they become vacant during the period of affordability controls, to assist with advertising and outreach to low- and moderateincome households, and to enforce the terms of the deed restriction and mortgage loan. The administrative agent will 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.

d. In addition, the City of Bayonne hereby designates the Head of the Division of Community Development or their designee as the COAH Compliance Officer to act as liaison between COAH, the municipality, and developer or sponsor of affordable housing. The municipal liaison shall be responsible for tracking the progress of affordable housing, fielding inquiries regarding affordable housing from the public and COAH, and complying with COAH monitoring and reporting requirements.

(Ord. No. O-06-04 § 1; Ord. No. O-09-28 § 2)