Draft_October 2025_West Orange_HEFSP_with Appendices

N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented. 8. The initial rent for a restricted rental unit shall be calculated so as not to exceed thirty (30%) percent of the eligible monthly income of the appropriate size household, including an allowance for tenant paid utilities, as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of NwJ.A.C. 5:80-26.3, as may be amended and supplemented. 9. The price of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price. 10. The rent of low- and moderate-income units may be increased annually based on the permitted percentage increase in the Regional Income Limits chart. This increase shall not exceed nine (9%) percent in any one (1) year. Rents for units constructed pursuant to low- income housing tax credit regulations shall be indexed pursuant to the regulations governing low- income housing tax credits. 25-18.7 Utilities. a. Affordable units shall utilize the same type of heating source as market units within the affordable development. b. Those tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program. 25-18.8 Occupancy Standards. a. In referring certified households to specific restricted units, the administrative agent shall, to the extent feasible and without causing an undue delay in the occupancy of a unit. strive to: 1. Provide an occupant for each bedroom; 2. Provide children of different sexes with separate bedrooms; 3. Provide separate bedrooms for parents and children; and, 4. Prevent more than two (2) persons from occupying a single bedroom. 25-18.9 Control Periods for Restricted Ownership Units and Enforcement Mechanisms. Control periods for restricted ownership units are pursuant to NwJ.A.C. 5:80-26.5 and each restricted ownership unit shall remain subject to the

Restricted Ownership Units and Enforcement Mechanisms. Control periods for restricted ownership units are pursuant to NwJ.A.C. 5:80-26.5 and each restricted ownership unit shall remain subject to the requirements of this ordinance for a period of at least thirty (30) years and thereafter until West Orange takes action by ordinance to release the unit from such requirements. Prior to such action, a restricted ownership unit must remain subject to the requirements of N.J.A.C. 5:80-26.1. a. The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit. b. Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the administrative agent shall determine the restricted price for the unit and shall also determine the non-restricted, 4844-7802-2092, v. 2