The Zoning Officer, the Township Affordable Housing Manager and the Director of the Township Department of Human Services and Housing shall enforce the Housing Plan. (Ord. #1294, §XI; Ord. #1309, §I)

All the moderate and low income units in the Township of Mahwah which have been designated as such pursuant to either the Township of Mahwah Affordable Housing Plan, approved by the Township of Mahwah Planning Board, a Judgment of the Superior Court or the Council on Affordable Housing shall be rented or sold in accordance with the provisions of the Affordable Housing Plan adopted by the Township of Mahwah. (Ord. #1294, §XI)

No person, corporation, partnership, joint venture, estate, association or their agent shall sell or rent a low or moderate income unit in violation of its designation as affordable housing. (Ord. #1294, §XI)

In the event that a sale or rental has occurred which violates the Affordable Housing Plan because either the person who occupies it is not a certified low or moderate income person according to the Affordable Housing Plan or the rent or sale is in excess of the purchase price or rent or both, then the unit owner shall be given notice of the violation of the Housing Plan by the Township and five (5) days to correct the violation. In the event the violation is not corrected within the period provided, then the Township or its designee shall institute proceedings in the Municipal Court of the Township of Mahwah to enforce the affordable housing restriction. (Ord. #1294, §XI)

Notwithstanding any other Township Code provisions for penalties, in the event that a Court determines that a seller, owner, landlord, assignee has violated the Affordable Housing Plan by either selling real property designated as low or moderate income unit to a person not certified in accordance with the Mahwah Affordable Housing Plan or at a sale price in excess of the amount allowed pursuant to the affordable housing plan or rented the unit to a person who is not qualified as a low or moderate income person or charge a rental in excess of the amount of rent as provided for by the affordable housing plan or both, then the Court shall impose a fine for the first offense of one thousand ($1,000.00) dollars plus Court costs and as to subsequent offenses, the same fine.

In addition, the Court shall direct an owner or landlord to make restitution to the occupant of the premises if it finds that the occupant had no knowledge of the violation of the housing plan and the actual rent charged by the seller or landlord.

The Court shall also impose court costs in the event of a violation and may impose an imprisonment for a term not to exceed ninety (90) days. Every day that the violation continues shall be considered a separate and subsequent offense. The Court may upon the proper motion, exercise its discretion to merge separate offenses into one (1) offense. (Ord. #1294, §XI)