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Home My Public Portal AboutOrd. 07-16 No. 07-16 @rvtmtltce of t4e tffiorouZ14 of C1Iarterd1 ~ ~ W ~ Councilman Presents the following Ordinance Seconded by Councilman AN ORDINANCE TO CREATE THE POSITION OF MUNICIPAL HOUSING LIAISON (J\1HL)/RCA ADMINISTRATOR FOR THE PURPOSE OF ADMINISTERING THE BOROUGH OF CARTERET'S AFFORDABLE HOUSING PROGRAM Ai'ill REGIONAL CONTRIBUTION AGREEMENTS PURSUANT TO THE FAIR HOUSING ACT. BE IT ORDAINED by the Mayor and Council of the Borough of Carteret, in the County 0 Middlesex and State ofNe\\' Jersey that the following amendments be made to Chapter 4 of th Borough of Carteret: Sectiou 1. Purnose. The purpose of tlus article is to create the administrative mechanisms needed for th execution of the Borough of Carteret's responsibility to assist in the provision of afforrlabl housing pursuant to the Fair Housing Act of 1985. Section 2. Definitions. As used in tIus article, the following temlS shall have the meanings indicated: lVHIL/RCA ADMINISTRATOR - The employee charged by the govemillg body with th responsibility for oversight and adminjstration of the affordable housing program for th Borough of Carteret and any RCA it enters into. ADl\iINISTRATIVE AGENT - The entity responsible for administering the affordabilit) controls of some or all units in the affordable housing program for the Borough of Carteret t ensure that the restricted units under administration are affinnatively marketed and sold 0 rented, as applicable, only to low- and moderate-income households. Section 3. Establishment of1\IHLfRCA Administrator Dosition and comoensation: powers and duties. B. Establislunent of position of MHL/RCA Administrator. There is hereb) established the position ofMHLIRCA Administrator for the Borough ofCarteret. Subject to the approval of the Council on Affordable Housing (COAII), th MIlL/RCA Administrator shall be appointed by the Govemillg Body and may b a full or part time employee. A. C. The 1VIHLlRCA Administrator shall be responsible for oversight an administration of the municipality's affordable housing program and th administration of any RCA entered into by the Borough of Carteret, including th follo:wing responsibilities which may not be contracted out: (1) Serving as the Borough of Carteret's primary point of contact for al inquiries from the State, affordable housing providers, Administrativ Agents, and interested households; (2) Establishing an escrow account for the ReA funds and submitting to COAR a signed escrow agreement between the Borough of Carteret, th bank and COAII for each RCA; NO 07-16 PAGE 2 (3) 1\1onitoring the status of all restricted units in the Borough-of Cmteret's Fair Share Plan and any Project Plan for any ReA; (4) Compiling, verifying. and submitting semi-annual reports as required by COAII; (5) Coordinating meetings with affordable housing providers and Administrative Agents, as applicable; (6) Attending continuing education opportunities as offered or approved by COAII; (7) If applicable. serving as the Administrative Agent for some or all of the restricted units in the Borough of Carteret as described in F. belm,v and any RCAs entered into by the Borough ofCarteret. D. Subject to approval by COAR, the Borough of Carteret may contract with or authorize a consultant, authority, govenmlent or any agency charged by the Goveming Body, which entity shall have the responsibility of administering the affordable housing pro-gram of the Borough of Carteret, except for those responsibilities which may not be contracted out pursuant to subsection C above. If the Borough of Calteret contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and Mfmnative Marketing Plan, the MHL/RCA Administrator shall supervise the contracting Administrative Agent. E. Compensat-ion shall be fixed by the Governing Body at the time of the appointment of the MHL/RCA Administrator. (3) Affordability Controls (a) Fumishing to attomeys or closing agellCs fonus of deed restrictions and mortgages for recording at the time of conveyance oftitIe of each restdcted unit; (b) Creating and maintaining a file on each restricted unit for its control peliod, including the recorded deed with restrictions, recorded 1l10ltgage and note, as appropriate; (c) Ensuring that the removal of the deed restrictions and cancellation of the mortgage pate are effectuated and properly filed with the. appropriate county's register of deeds or county clerk's 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 Cel1ificates of Occupancy or certifications pursuant to NJ.A.C. 5:80-26.10. (7) The Administrative Agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder. ection 4. Severabilit '. If any settioD, subsection, paragraph, sentence or other part of this Ordinance is adjudged Iconstitutf6mtLor invalid, such judgment shall not affect or invalidate the remainder of this Ordinance, but shall be confined in its effect to the section, subsection, paragraph, sentence or other part of this Ordinance directly involved in the controversy in which said judgment shall NO. 07-16 PAGE 'I lave been rendered and all. other provisions of this Ordinance shall remain in fuiI force and [fect. ection 5. Inconsistent Ordinances Rcncaled. All ordinances or parts of ordinances which are inconsistent with the provisions of tlus rdinance are hereby repealed, but only to the extent of such inconsistencies. ection 6. Effective Date. Tllis Ordinance shall take effect immediately upon final adoption and publication in the lal11ler prescribed by law. COUNCIL!\IAN DO NOT USE SPACE BELOW THIS LINE . RECORD OF COUNCIL VOTE YES NO NY A.B. COUNCILMAN YES NO NY A.B. RIOS x X x - Indicate Vute AS - Absent NV . Not Voting XOR - Indicates Vote to Overrule Veto Adopted on first reading of the Council of the Borough of Carteret, N J., on Adopted on second reading after h ~epternber lImp 7, 7007 20, 2007 APPR~; BY DN~ _.~_ MAYOR BOROUGH OF CARTEREI AN ORDINANCE TO CREATE THE POSITION OF MUNICIPAL HOUSING LIAISON (MHL)/RCA ADMINISTRATOR FOR THE PURPOSE OF ADMINISTERING THE BOROUGH OF CARTERET'S AFFORDABLE HOUSING PROGRAM AND REGIONAL CON TRIBUTlON AGREEMENTS PURSUANT TO THE fAIR HOUSING ACT. BE IT ORDAINED by the Mayor <lnd COuncil of the a " of Carteret, in the COunty of Middlesex and S New Jersey that the following amendments bt .e to Chapter 4 of the Borough of Carteret. Section 1. Puroose. Ihe purpose of this article is to create the administrative mechanisms needed for the execu- tion of the Borough of Carteret's responsjbHity to as. sist in the proviSion of affordable housing pursuant to the Fair Housing Act of 1985. Section 2. Definitions. -----AS-U5edTrllll1SarticJe, the following terms shall have the meanings indlcated, MHlIRCA ADMINISTRATOR - The employee charg- ~~e~g~t aWJ~~~If,I~~~rio~it~ ~~ ~~~~~?~Ii~J~~ WElttO~~re~ r~[o.the Borough of Carteret and any ADMINISTRATIVE AGENT - The entity responsible for administering the affordabHity controls of some or all units in the affordable housmg program for the Borough of Cartere!. Section 3. Establ(sDmeQt of MHl/RCA Administrator ~:~~.ri ana comoenSiltlon' DOwers and A. EstabTisnment of position of MHl/RCA Administrator. There is hereby established the position of MHl/RCA Administrator for the Borough of Carteret. B. Subject to the approval of the Council on Affoitlable Houslnll (COAH), the MHURCA Administrator sha be appomted by the J~v:~n~n~o~~~ and may be a full or part C. -The MHEJRcAAdmlnistratorshall be resp- onsible for oversight and administration of the municipality's affordable housin~ prog- ram and the aaministration of any ReA en- tered into the Borough of Cartoret, includ- ~no1 te tg~~~~~~r~?nsibilltles which may (1) Serving as the Borough of Carteret's r~~~r~g'thn~ ~~a1~n~aff~:d~bi~ h~;- ing providers, Admfnistrative Agents, and interested households; (2) Establishing an escrow account for RCA funds and submitting to COAH a signed escrow agreement between the Borough of Carteret, the bank and COAH for each RCA; (3) Monitoring the status of all restricted units in the Borough of Carteret's Fair Share Plan and any Project Plan for (4) ~'fn~TIt,~, verifying, and submitting semi-annual reports as required by (5) ~lnating meetings with affordable housing providers and Administrative Agents, as applicable; (6) Aftendmg continuing education oppo-- gg~~~ as offered or approved by (7) If applicable, serving as the Administ- rative Agent for some or all of the re...- stricted units in the Borough of Cart- et as described in F. below and any RCAs entered into by the Borough of Cartere!. D. Subject to approval by COAH, the Borough of Cartcret may contract with or authorize a consultant, authority, government or any agency charged by the Governing Body which entity shall have the responsibility of administering the affordable housing program of the Borough of Carteret, except for fhose responsibilitIes which may not be contracted out pursuant to subsection C above. If the Borough of Carteret contracts with another entity 10 administer all or any part of the affordable housing program inc- luding the affordablllty controls and Affirm- ative Marketing Plan, the MHURCA Admin- istrator shall supervise the contracting AdminlstratlvBJ\gent. E. Compensation shall be fixed by the Govern~ ing Body at the time of the appointment of the MHl/RCA Administrator. (3) AffordabilityControls (a) Furnishing to attorneys or closing agent's forms of deed restrictions and mortgages for recording at the time of conveyance of tille of each restricted unIt; (b) ~~~tir~t~~~~~~iiaf~;7~ ~~Trgr period, inclUding the recorded deed with restrictions, recorded mortgage and note, as appropriate; (c) Ensuring that the removal of the deed restrictlons and cancellatlon of the mortgage note are effectuated and pfOperfy filed WIth the approp- riate countY's register of deeds or county clerk's office after the term- inationoftheaffordabilitycontrols for each restricted unit, (d) Communicating with lenders regar- ding foreclosures; and (e) Ensuring the issuance of Continuing Certificates of Occupancy or certif- ications pursuant to N.J,A,.C. 5:80- 26.10. . - -- (7) The Administrative Agent shall have authority to take all actions necessary ~~iM~~O~~~~~e~rry out its respo- Section 4. severab~ -Ilany section, su lion, paragraph, sentence or other part of this Ordinance is adJud~ed unconstitu- fn~~~ld~[eir~:I:~in~rncge)~1~~~rJi~~~~tb~~~~lfr AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. one (1) times, once in each issue as follows: September 26, 2007 ~~~ CI ~~ Notary Public ofNenN1J~~s~~ERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2, 2011 Sworn and subscribed before me this;J{.&t< day of~ I ;).. CXJl ~P~.R~I~~'" /Kathleen M. Barney, MMC 0- Municipal Clerk BOROUGH OF WIERE! ORDINANCE 07-16 AN ORDINANCE TO CREATE THE POSI . TION OF MUNICIPAL HOUSING LIAISON (MHL) ReA ADMIN . ISTRATOR FOR THE PURPOSE OF ADMINISTERING THE BOROUGH OF CARTERET'S AFFORDABLE HOUSING PROGRAM AND REGIONAL CONTRIBUTION AGREEMENT PUR - SUANT TO THE FAIR HOUSING ACT APPROVED AND ADOPTED: September 20, 2007 INTRODUCED: June 7, 2007 Advertised as adopted on ~fS~~Efi~in~e~\~hg: n~~~: tember 3, 2007 Hearing Held: September 20,2007 Approved By: Mayor DanielJ. Reiman Advertised as finally ad~ted: September 26, ~T~LEEN M. BARNEY, MUNICIPAL CLERK ($17&0.) 513235 ,D ~ 61/ Ii,