[Adopted 4-19-2005 by Ord. No. 2877]

A. The purpose of this article is to establish an affirmative marketing plan and compliance program.

B. This article will apply to all developments that contain proposed low- and moderate-income units. The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by a developer/sponsor, municipality and/or designated administrative agency of affordable housing. The plan addresses the requirements of N.J.A.C. 5:93-11. In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin. The Township of Nutley is in Housing Region 2, consisting of Essex, Union, Morris and Warren Counties.

The affirmative marketing program is a continuing program and will meet the following requirements

A. All newspaper articles, announcements and requests for applications for low- and moderate-income units will appear in the following daily newspapers/publications: The Star Ledger; The Nutley Sun; and The Nutley Journal.

B. The primary marketing will take the form of at least one press release sent to the above publications and a paid display advertisement in each of the above newspapers. Additional advertising and publicity will be on an "as needed" basis.

C. The advertisement will include the: street address; direction to housing units; number of bedrooms per unit; range of selling prices/rents; size of units; household income limits; and location of applications, including business hours and where/how applications may be obtained.

D. All newspaper articles, announcements and requests for applications for low- and moderate-income housing will appear in the following neighborhood-oriented weekly newspapers, religious publications and organizational newsletters within the region: The Nutley Sun and The Nutley Journal.

E. The following is the location of applications, brochure(s), sign(s), and/or poster(s) used as part of the affirmative marketing program including specific employment centers within the region: Municipal Building; Municipal Library; developer's sales/rental office on site; senior center.

F. The following is a list of community contact person(s) and/or organization(s) in Essex, Union, Morris, and Warren Counties that will aid in the affirmative marketing program with particular emphasis on contacts that will reach out to groups that are least like to apply for housing within the region: Essex County Department of Human Services; Union County Department of Human Services; Morris County Department of Human Services; Warren County Department of Human Services.

G. Applications will be mailed to prospective applicants upon request.

H. Additionally, applications will be sent to the chief administrative employees of each of the following agencies in the counties of Essex, Union, Morris and Warren: Office of Aging; Housing Agency or Authority; Library; area community action agencies.

The following is a description of the random selection method that will be used to select occupants of low- and moderateincome housing: Advertisements will be placed in the appropriate newspapers with a deadline for filing applications. Applications will be received and each application will be assigned a number. There will be a lottery, which will prioritize the applications. The application will then be reviewed for certification in the order which resulted from the lottery.

The Township of Nutley is ultimately responsible for administering the affirmative marketing program. The Township of Nutley has delegated this responsibility to the Housing Officer. The Housing Officer will income qualify lowand moderate-income households; place income-eligible households in low- and moderate-income units upon initial occupancy; provide for the initial occupancy of low- and moderate-income units with income qualified households; continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls; assist with advertising and outreach to low- and moderate-income households if in contract; and enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:80-26. The Housing Officer will provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, responsibilities of homeownership, rental lease requirements and landlord/tenant law. Subject to the approval of COAH, the Township may contract with or authorize one or more persons, agencies, or government entities to administer all or part of these responsibilities.

Households who live or work in the COAH-established housing region may be given preference for sales and rental units constructed within the housing region. Applicants living outside the housing region will have an equal opportunity for units after regional applicants have been initially serviced. The Township of Nutley intends to comply with N.J.A.C. 5:93-11.7.

Developers of low- and moderate-income housing units may assist in the marketing of the affordable units in their respective developments if so designated by the Township of Nutley.

A. The marketing program will commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program will continue until all low- and moderate-income housing units are initially occupied and for as long as affordable units are deed-restricted and occupancy or reoccupancy of units continues to be necessary.

B. Nutley will comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 12.1.