ARTICLE 18.6 SALE, RESALE AND LEASING OF AFFORDABLE UNITS
Section 18.6.1 All affordable housing units shall be required to have covenants and deed restrictions running with the land to control the resale price, lease, sub-lease or initial sale of affordable units for a minimum period of thirty (30) years in such form as may then be promulgated by COAH as a standard deed restriction.

Section 18.6.2 With the approval of the Township the developer may substitute other legal mechanisms to ensure that all such units will remain affordable to person of lower income for a minimum of thirty (30) years.

Section 18.6.3 The owner of all rental units shall provide legal mechanisms satisfactory to the Township, including deed restrictions or covenants, to assure that rental units will remain affordable to persons of low and moderate income for a minimum of thirty (30) years

Section 18.6.4 The Township may contract with the New Jersey Housing and Mortgage Finance Agency or other appropriate agency so that the latter shall be responsible for assuring that low and moderate income housing units, both for sale and rental, remain affordable to low and moderate income households.

Section 18.6.5 The Provisions of N. J A C.5 .92-12.1 to N. J A. C.5 : 92-12 18 as published at 21 N. J. R 2021 et seq, shall apply to all affordable housing units constructed for sale in the Township on or after December 1, 1989.

Section 18.6.6 To provide assurance that low and moderate income units are created with controls on affordability over time and that low and moderate income households occupy these units, the Township will designate an Affordable Housing Officer with the responsibility of ensuring the affordability of sales and rental units over time The Affordable Housing Officer will be responsible for those activities detailed in N. J. A C 5 93-9 1 (a).

A. In addition, the Affordable Housing Officer will be responsible fen utilizing the verification and certification procedures outlined in N J A.C 5.93-9 1 (b) in placing households in low and moderate income units, and

B. Newly constructed low and moderate income sales units will remain affordable to low and moderate income households for at least thirty (30) years The Affordable Housing Officer will require all conveyances of newly constructed units to contain the deed restriction and mortgage lien adopted by COAH and referred to as Appendix E as found in N J A.C. 5.93 as from time to time amended

C. Housing units created through the conversion of a non-residential structure will be considered a new housing unit and will be subject to thirty year controls on affordability. The Affordable Housing Officer will require an appropriate deed restriction and mortgage lien subject to COAH's approval.

D. The mortgage lien and deed restriction shall be filed with the recording officer of the County of Union and shall be in the then current form adopted by COAH and set forth in Appendix E to N.J A C 5.93

E.The deed restriction, including the repayment clauses and the mortgage lien, shall have priority over all mortgages on the property except for a first mortgage placed on the property for the mortgagee prior to the execution of resale contracts.

**Webmasters Note: The inconsistent numbering of this section of the document has been verified with the town.

Section 18.6.9 Rental units

A. Newly constructed low and moderate income rental units will remain affordable to low and moderate income households for at least thirty (30) years. The Affordable Housing Officer will require an appropriate deed restriction and mortgage lien subject to COAH's approval.

B. Affordability controls in accessory apartments will be for a period of at least ten (10) years, except if the apartment is to receive a rental bonus credit pursuant to N.J A C. 5:93-5.13, then the controls on affordability will extend for thirty (30) years.

C. Alternative living arrangements will be controlled in a manner suitable to COAH, that provides assurances that such a facility will house low and moderate income households for at least ten (10) years except if the alternative living arrangement is to receive a rental bonus credit pursuant to N J A C 5 93-5.13, then the controls on affordability will extend for thirty (30) years