ࡱ> DFC'` 5+bjbj 2>"w^^^^8">,Ufvvvvv$ h##T"^^vv%CCCp^8vvCCC vj *iS1-4%0U,w$w$ w$ CjU$ ^^^^^^ Sample  [insert name of municipality, county] [select only one of the following:] WHEREAS, the Governing Body of [insert name of municipality] petitioned the Council on Affordable Housing (COAH) for substantive certification of its Housing Element and Fair Share Plan on [insert date]; and OR WHEREAS, [insert name of municipality] was granted substantive certification of its Housing Element and Fair Share Plan by the Council on Affordable Housing (COAH) on [insert date]; and WHEREAS, under authorization of the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301, et seq., hereinafter the Act) the Municipality is implementing a program to provide affordable housing units to low- and moderate-income households desiring to live within the Municipality; and WHEREAS, at Title 5, Chapter 80, Subchapter 26 of the New Jersey Administrative Code, the State has promulgated affordability controls in regulations designed to implement the Act, by assuring that low- and moderate-income units that are created under the Act are occupied by low- and moderate-income households for an appropriate period of time (the Rules); and WHEREAS, Section 5:80-26.14 of the Rules provides that affordability controls shall be administered by an administrative agent acting on behalf of a municipality; and WHEREAS, the Municipality has selected [insert name of administrative agent] to be the Administrative Agent for the purposes of providing affordability control services for [select one of the following: all affordable housing within the municipality or specify development names or types], as included in this resolution; and WHEREAS, The Administrative Agent shall perform the duties and responsibilities of an administrative agent as are set forth in the Rules, including those set forth in Sections 5:80-26.14, 16 and 18 thereof, which includes: (1) Affirmative Marketing (a) Conducting an outreach process to insure affirmative marketing of affordable housing units in accordance with the Affirmative Marketing Plan of [insert name of municipality] and the provisions of N.J.A.C. 5:80-26.15; (b) Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH; and (c) Providing counseling or contracting to 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. (2) Household Certification (a) Soliciting, scheduling, conducting and following up on interviews with interested households; (b) Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit; (c) Providing written notification to each applicant as to the determination of eligibility or non-eligibility; (d) Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendices J and K of N.J.A.C. 5:80-26.1 et. seq.; (e) Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located; and (f) Employing a random selection process as provided in the Affirmative Marketing Plan of [insert name of municipality] when referring households for certification to affordable units. (3) Affordability Controls (a) Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit; (b) Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate; (c) Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the appropriate countys register of deeds or county clerks office after the termination of the affordability controls for each restricted unit; (d) Communicating with lenders regarding foreclosures; and (e) Ensuring the issuance of Continuing Certificates of Occupancy or certifications pursuant to N.J.A.C. 5:80-26.10. (4) Resale and rental (a) Instituting and maintaining an effective means of communicating information between owners and the Administrative Agent regarding the availability of restricted units for resale or rental; and (b) Instituting and maintaining an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or re-rental. (5) Processing requests from unit owners (a) Reviewing and approving requests from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership; (b) Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the cost of central air conditioning systems; and (c) Processing requests and making determinations on requests by owners of restricted units for hardship waivers. (6) Enforcement Securing lists of all affordable housing units for which tax bills are mailed to absentee owners, and notifying all such owners that they must either move back to their unit or sell it; Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the Administrative Agent; The posting annually in all rental properties, including two-family homes, of a notice as to the maximum permitted rent together with the telephone number of the Administrative Agent where complaints of excess rent can be made; Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4; Establishing a program for diverting unlawful rent payments to the municipality's affordable housing trust fund or other appropriate municipal fund approved by the DCA; (f) Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls; and (g) Providing annual reports to COAH as required. (7) Records received, retained, retrieved, or transmitted in performance of these administrative duties may constitute public records of [insert name of municipality] as defined by N.J.S.A. 47:3-16, and are legal property of [insert name of municipality]. The Administrative Agent named in this resolution must agree to administer and dispose of such records in compliance with the States public records laws and associated administrative rules. The [insert name of municipality] has identified the following as public records, subject to the above-cited provisions: 0120-0000 Affordable Housing Project File 0120-0001 Affordable Housing Project File-Approved 0120-0002 Affordable Housing Project File-Denied/Withdrawn 0120-0003 Affordable Housing Project File-Referral List 0112-0000 Affordable Housing Application File-Individual 0121-0002 Affordable Housing Application File-Certification Denied or Expired 0122-0000 Affordable Housing Unit File 0122-0001 Affordable Housing Unit File-Mailing Notification of Responsibilities 0123-0000 Affordable Housing Unit Inventory 0124-0000 Affordable Housing Trust Fund and/or Regional Contribution Agreement (RCA) Bank Account 0125-0000 Enforcement File-Projects and Units 0126-0000 Monitoring Reports-Annual Submission 0127-0000 Operations Manual Although the State has used its best efforts to identify all records which qualify as public records, the State reserves the right to amend the above list from time to time as warranted. (8) The Administrative Agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder. [Describe any other agreed responsibilities of the Administrative Agent.] NOW THEREFORE BE IT RESOLVED, by the Governing Body of [insert name of municipality] in the County of [insert name of County], and the ǿ޴ýapp that [insert name of municipal employee] is hereby appointed by the Governing Body of [insert name of municipality] as the Administrative Agent for the administration of the affordable housing program. [insert name] Municipal Clerk     COAH August 2009 RESOLUTION APPOINTING A MUNICIPAL ADMINISTRATIVE AGENT Where a municipal employee is serving as Administrative Agent    1>ATU^t   $ % ( 0 1 N : @ T W   ` e m n o v ιvnh*\] h&P6 h&P5h&P6>*] h&P6] h&P6\ h/6\ jh/5U\mHnHuh&P+  1U% ( m n   _`$ `0dha$gd* h05$a$()$ѫѫa$*h 1U%(mn_`A[8 > g W 0 Vn5EVrV3e%&;t%v5e> !|"~""""""""""""""""2#3#6#000000000000000000000000000000000000000000 0 0 0 0 0000000000000000000000000000@000@000@000@000@0@000t000\mnA[8 > g W 0 Vn5EVrV3e6#@0K@0K@0K@0K@0K@0K@0@0j070D@0@0@0@0@0@0@0@0@0@0@0@0@0@0@0@0@0@0@0@0@0@0@0@+ 0@+ 0@+ 0@+ 0@+ 0b0Z0[b0Z0Y !v 2)5+`%$)5+4+8@z(  B    B S  ? 5#h!8t""""""""""""""##3#6# 28M O Q V ,2"""""""""""""""""1#3#6#333333 '/1!!!!!!!!!"$","@"y"y"~"""""""""""""""1#2#2#3#6#""""""""""""""##6#LXjB,88^8`o(() ^`hH.  L ^ `LhH.   ^ `hH. xx^x`hH. HLH^H`LhH. ^`hH. ^`hH. L^`LhH.LXjĘ        /Eto+WBuB>۴=##ʴ+,93c*t>#4d""2QHX ?2~MODEL RESOLUTION AUTHORIZING ENTERING INTO AGREEMENT WITH AN ADMINISTRATIVE AGENCY FOR THE PURPOSE OF ADMINISTERING THE AFFORDBarbara A. Walshldegraw Oh+'0(4P\hx     MODEL RESOLUTION AUTHORIZING ENTERING INTO AGREEMENT WITH AN ADMINISTRATIVE AGENCY FOR THE PURPOSE OF ADMINISTERING THE AFFORDBarbara A. WalshNormalldegraw2Microsoft Office Word@@ %@DYNS1@DYNS1*t՜.+,0h hp|  GDCA>"' MODEL RESOLUTION AUTHORIZING ENTERING INTO AGREEMENT WITH AN ADMINISTRATIVE AGENCY FOR THE PURPOSE OF ADMINISTERING THE AFFORD Title !"#$%&'()*+,-./012456789:<=>?@ABERoot Entry FiS1G1Table $WordDocument2>SummaryInformation(3DocumentSummaryInformation8;CompObjq  FMicrosoft Office Word Document MSWordDocWord.Document.89q