Article 16 Affirmative Marketing of Affordable Units
33-16. PURPOSE.

The purpose of the Article is to establish administrative procedures to ensure a wide dissemination of knowledge of affordable housing units as they become available to the low- and moderate-income population, and that the selection of tenants or homeowners, as the case may be, meets the requirements of the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26). (Ord. No. O-06-04 § 2)

33-16.1 Affirmative Marketing.

a. 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 affordable housing. The City of Bayonne's affirmative marketing plan addresses the requirements of N.J.A.C. 5:80-26.15. Bayonne is located in COAH Housing Region 1 that consists of Hudson, Bergen, Passaic, and Sussex Counties. The affirmative marketing program is a continuing program that shall meet the requirements set forth in this Article.

b. The affirmative marketing plan is intended to be used by all developers of affordable housing restricted to low- and moderate-income households located within the City of Bayonne Information provided in the marketing of low- and moderateincome units shall contain the name, address, directions (to the project), the number of units (including the number of sales and/or rental units), a range of prices or the price of sales and/or rental units, the name of the sales agent and/or rental manager along with their business hours when applications may be obtained and directions to their office, a description of the size (in bedrooms) of the units and of the random selection method that shall be used to select occupants, a disclosure of required application fee(s), and the maximum income permitted to qualify for the housing units. Advertising and outreach shall take place during the first week of the marketing program and each month thereafter until all of the affordable units have been leased or sold.

c. Location of Applications. Applications, brochure(s), signs, and/or poster(s) shall be located at the Bayonne Municipal Building, Bayonne Housing Authority, Hudson County Community Development Office and respective sales and rental offices. Applications shall also be mailed to prospective applicants upon request,

d. The media and outreach sources to be used in advertising and publicizing of the availability of housing in the affirmative marketing plan shall include the following:

1. Newspapers of general circulation within the housing region. All newspaper articles, announcements, and requests for applications for low- and moderate-income units shall appear in the following publications: Star Ledger and Jersey Journal.

2. Radio and television stations within the housing region. Public service announcements shall be made through the use of the following radio stations broadcasting throughout the region: WPAT (93.1) Paterson, WFDU (89.1) Newark and WNJP (91.5) New Jersey Public Radio, Sussex and Bay-TV (Channel 78, Bayonne NJ).

3. Other publications circulated within the housing region. All newspaper articles, announcements, and requests for applications for low- and moderate-income housing shall appear in the following neighborhood oriented weekly newspapers: Bayonne Journal and Bayonne Community News.



4. Employers throughout the housing region. The following Bayonne employers will be contacted for the posting of advertisements and the distribution of flyers regarding available affordable housing: IMTT, Maidenform, Inc., Bayonne Medical Center, The Haddad Apparel Group and Inserra, Inc., Bayonne Board of Education and other prominent employers as they may appear.

5. Community Outreach. The following is a listing of community contact person(s) and/or organizations in Hudson, Bergen, Passaic and Sussex Counties that will aid in soliciting low- and moderate-income applicants, with particular emphasis on contacts that will reach out to groups that are least likely to be reached by commercial media efforts Bayonne Faith-Based Center (Bayonne), Urban League of Hudson County (Jersey City), Jersey City Affordable Housing Coalition (Jersey City), North Hudson Community Action Corp. (West New York), New Jersey Community Development Corporation (Paterson), Northwest New Jersey Community Action Program, Inc. (Phillipsburg).

6. Other Advertising and Outreach Efforts. The following groups in the Bayonne region will be sent information circulars and applications: Liberty Board of Realtors in Hudson County, Bayonne Economic Opportunity Foundation, Rental Assistance Office (Local office of DCA), Hudson County Department of Family Services and County Office of Aging (Union City), Catholic Charities (Diocese of Newark) and Lutheran Social Ministries of New Jersey (Trenton).

7. The affirmative marketing process for available affordable units shall begin at least four (4) months prior to expected occupancy. In implementing the marketing program, the administrative agent shall undertake all of the following strategies:

(a) Publication of one (1) advertisement in a newspaper listed above.

(b) Broadcast of one (1) advertisement by a radio station listed above.

(c) At least one (1) additional regional marketing strategy using one (1) of the other sources listed above.

e. In implementing the affirmative marketing plan, each administrative agent shall designate an experienced staff agent approved by COAH to provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit history, mortgage qualifications, rental lease agreements, and landlord/tenant law, as applicable. Alternatively, an administrative agent may refer applicants to an experienced agency approved by COAH to provide such counseling services.

f. The City shall also ensure that all original applicant and sales records of affordable units be returned to the municipality for reporting purposes and to aid with future resale. The City shall have the ultimate responsibility for the proper administration of the affirmative marketing program including initial sales and rentals and resale and re-rental.

(Ord. No. O-06-04 § 2)



33-16.2 Household Certification and Referral.

a. The administrative agents office shall be open to take applications at specified times during the week as advertised. The administrative agents staff shall interview all perspective applicants to explain the regulations and policies associated with each development and the Citys low- and moderate-income housing program in general.

b. The administrative agent shall secure all information from applicant households necessary and appropriate to determine that the 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, dated, and executed certification, as set forth in the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.16). The administrative agent shall prepare a standard form of certification and shall sign and date one (1) for each household when certified. An initial certification shall be valid for no more than one hundred eighty (180) days. Certifications may be renewed, at the discretion of the administrative agent, for an additional one hundred eighty (180) day period.

c. When reviewing an applicant households income to determine eligibility, the requirements as set forth in N.J.A.C. 5:80-26.16 shall apply.

(Ord. No. O-06-04 § 2)

33-16.3 Procedures for Changing Administrative Agents.

In order to ensure an orderly transfer of control responsibility from a municipality to an administrative agent, from one administrative agent to another administrative agent, or other transfer, the requirements as set forth in N.J.A.C. 5:80-26.17 shall apply as are necessary before or during the transition. (Ord. No. O-06-04 § 2)

33-16.4 Enforcement.

a. By accepting State funds for affordable housing purposes, or by submitting to the jurisdiction of COAH, Bayonne shall be deemed to have delegated to its administrative agent the day-to-day responsibility for implementing practices and procedures designated to ensure effective compliance with the controls set forth in this Article. The City of Bayonne, however, shall retain the ultimate responsibility for ensuring effective compliance with the requirements as set forth in the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.).

b. The administrative agent § s enforcement responsibility for implementing such practices and procedures shall not be delegated or otherwise transferred to any other party, except to a successor administrative agent.

(Ord. No. O-06-04 § 2)



33-16.5 Appeals.

Appeals from all decisions of the administrative agent shall be filed in writing with the Executive Director of the New Jersey Housing and Mortgage Finance Agency. When acting in this capacity, the Executive Director may appoint one (1) or more employees of the Agency, COAH and or the Department of Community Affairs to assist him or her in rendering the final decision; whenever he or she, in his or her sole discretion, determines that committee participation would materially provide a fair and just disposition of the appeal. A written decision of the Executive Director upholding, modifying or reversing an administrative agents decision shall be a final administrative action. (Ord. No. O-06-04 § 2)