harmony - highlands...harmony township received its first round substantive certification fiom coah...
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HARMONY TOWNSHIP Warren County
Third Round Housing Element
and Fair Share Plan
Adopted by the Land Use Board June 7,201 0 and
Endorsed by the Township Committee June 7,20 10
License No. 33LI00229400
HARMONY TOWNSHIP Warren County
Third Round Housing Element
and Fair Share Plan
Adopted by the Land Use Board June 7,2010 and
Endorsed by the Township Committee June 7,2010
TABLE OF CONTENTS
HOUSING ELEMENT
Overview. .. .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Goals and Objectives of the Housing Element and Fair Share Plan .............................. Summary of Harmony Township's Past Affordable Housing Activities ........................ Housing, Demographic and Employment Information .................................................. Summary of Harmony's Current Third Round Affordable Housing Obligations.. . . . . . . .. .. Determination of Applicable Growth Share Obligation ................................................. Projected Housing, Demographic and Employment Changes and Capacity to . .
Accommodate Growth Projechons ..................................................................... . . . . . Rehabilitation Obligation ............................................................................................... Components of the Prior Round Obligation ................................................................... . . . . Satlsfjmg the Prior Round Obhgatlon ........................................................................... Components of the Third Round Obligation .................................................................. Satisfying the Third Round Obligation .......................................................................... Third Round Rental, Family and Very Low Income Housing Obligations ................... Consideration of Other Sites for Inclusionary Residential Development ...................... Availability of Infrastructure. ......................................................................................... Anticipated Land Use Patterns, Anticipated Demand for Projected Growth
and Economic Impact .......................................................................................... Development Constraints ................................................................................................ Summary of Harmony's Third Round Affordable Housing Plan ......................................
HOUSING ELEMENT APPENDICES
APPENDIX A Inventory of Municipal Housing Conditions
APPENDIX B Analysis of Demographic Characteristics
APPENDIX C Summary of Employment Data
APPENDIX D Workbook A - COAH's Calculation of Growth Share Obligation
APPENDIX E Highlands Build-Out Analysis (Module 2 of Basic Plan Conformance)
APPENDIX F Documentation of Completed Rehabilitation Activity
APPENDIX G Documentation for "Pink House" Credits
APPENDIX H Documentation for Township-Owned Duplex Credits
APPEIVDIX I Documentation for Habitat for Humanity Duplex Credits
APPENDIX J Resolution of Land Use Board re American Developers Application
APPENDIX K Site Documentation for Transrnix Site
APPENDIX L Site Documentation for Upper Dowel Site
FAIR SHARE PLAN
Introduction ............................................................................................................... 1 . . Prior Round Obligation ................................................................................................. 2
"Pink House" Township Rental Duplex Unit Habitat for Humanity Duplex Units American Developers Buy-Downs Arc of Warren I Habitat for HumanityRJpper Dowel Site
Third Round Growth Share Obligation .......................................................................... 2 Arc of Warren I1 Transmix Site Habitat for HurnanityAJpper Dowel Site Accessory Apartments
Third Round Family, Rental, Family Rental and Very Low Income . . Housing Obligations .......................................................................................... 4 Summary of Harmony's Third Round Affbrdable Housing Plan ................................... 5
FAIR SHARE PLAN APPENDICES
APPENDIX A Affordable Housing Ordinance
APPENDIX B Minnative Marketing Plan
APPENDIX C Accessory Apartment Program
APPENDIX D ARC of Warren Special Needs Housing Developments
APPENDIX E 100% Affordable Housing Developments
APPENDIX F Existing and Proposed Development Fee Ordinances, Escrow Agreement
APPENDIX G Proposed Spending Plan and Resolution of Intent to Fund
APPENDIX H Contracts with NORWESCAP, Resolution of Intent to Contract with AdditionalAdministrative Agent
APPENDIX I Ordinance Creating Position of Municipal Affordable Housing Liaison and Resolution Appointing Municipal Affordable Housing Liaison to Fill That Position
HOUSING ELEMENT
HOUSING ELEMENT
Overview
This Housing Element has been prepared in accordance with the Municipal Land Use Law (MLUL) at N.J.S.A. 40:55D-28b(3) to address Harmony Township's affordable housing obligations for the third round, covering the period fiom 2004 to 201 8 (but also including the housing need generated between 2000 and 2004). This Plan includes the minimum requirements presented at N.J.S.A. 52:27D-3 10, the Fair Housing Act, and the information required pursuant to N.J.A.C. 5:97-2.3 and 3.2.
According to the Fair Housing Act, municipalities that choose to enact and enforce a zoning ordinance are obligated to prepare and adopt a Housing Element as part of the community's Master Plan. The Fair Housing Act established the Council on Affordable Housing (COAH) as the State agency to administer municipal implementation of municipal Housing Elements and Fair Share Plans and to create rules and regulations regarding the development of low- and moderate-income housing in the State. COAH has established both Procedural and Substantive Rules for municipalities to adhere to in addressing their affordable housing obligations. To receive certification fiom COAH, a municipality must not only adopt the required Housing Element of the Master Plan but also adopt a Fair Share Plan that includes all of the implementation strategies, including the specific ordinances, plans, timetables and resolutions that are needed to carry out the plan. Once certified by COAH, a municipality's Housing Element and Fair Share Plan is now entitled to a ten-year presumption of validity against a builders remedy challenge, as long as the municipality continues to implement the plan in accordance with COAH's approval.
COAH's first round regulations covered the time period fiom 1987 to 1993. In 1994, COAH adopted new Substantive Rules establishing the requirements for the second round of affordable housing plans, covering the twelve year cumulative period fiom 1987 to 1999.
The Substantive Rules for COAH's third round were initially adopted on December 20,2004, to cover the period from January, 2000, to December, 20 13. These third round Rules were challenged, and in January of 2007, the Appellate Court invalidated large portions of the 2004 Rules. As a result, COAH went back to the drawing boards and prepared new Rules, which were introduced in December of 2007 and adopted in May of 2008. COAH received an overwhelming number of comments on the December, 2007, Rule proposals. Consequently, when COAH adopted the Rules, it simultaneously introduced a set of comprehensive amendments to the newly adopted Rules. These amendments were adopted in September of 2008. In addition, the New Jersey Legislature adopted amendments to the Fair Housing Act in June of 2008 that were signed into law by the Governor in July of 2008. The amendments to the Fair Housing Act affect, among other things, the requirement to provide very low income housing and the role of non- residential development~ in providing affbrdable housing.
The Rules now in effect provide that municipalities address a third round fair share obligation based upon COAH's projections of growth in households and employment in each municipality during the delivery period. Municipalities are required to provide one affordable housing unit
for every four market priced housing units projected and one affordable housing unit for every 16 jobs projected.
Municipalities located within the Highlands Region, as Harmony Township is, were given an extension of time in which to prepare and submit a third round Housing Element and Fair Share Plan so that the plan could be coordinated with the municipality's Highlands Regional Master Plan conformance efforts.
Harmony Township submitted the documents and resolution required for Basic Plan Conformance in the Highlands Preservation Area, which encompasses about half of the Township, by the deadline of December 8,2009. The documents submitted by the Township also fulfilled the requirements for Basic Plan Conformance in the Highlands Planning Area, although the resolution submitted to the Highlands Council was limited to a commitment for the Preservation Area only.
The overriding policy of this Housing Element and Fair Share Plan is to ensure provision of a variety of affordable housing opportunities sufficient to address the needs of the Township and the region, while at the same time respecting the density limits of the Highlands Land Use Plan Element and the resource constraints applicable to the Highlands Area.
Goals and Objectives of the Housing Element and Fair Share Plan
In furtherance of Harmony Township's efforts to ensure sound planning within the Highlands Area, this Plan incorporates the following goals and objectives with respect to the provision of affordable housing in Harmony Township:
1. To the extent feasible, the plan will utilize the existing housing stock and/or previously approved developments that are already vested.
2. To provide a realistic opportunity for the provision of the municipal share of the region's present and prospective needs for housing for low- and moderate-income families.
3. To the maximum extent feasible, to incorporate affordable housing units into any new residential construction that occurs within the Highlands Area including any mixed use, redevelopment, and/or adaptive reuse projects.
4. To preserve and monitor the existing affordable housing stock in the Township.
5. To reduce long term housing costs through:
a. Implementation of green building and energy efficient technology in the rehabilitation, redevelopment and development of housing. Recent innovations in building practices and development regulations reflect significant energy efficiency measures, and therefore cost reductions, through building materials, energy efficient appliances, water conservation measures, innovative and
alternative technologies that support conservation practices, and common sense practices such as recycling and re-use.
b. Promotion of the use of sustainable site design, efficient water management, energy efficient technologies, green building materials and equipment, and retrofitting for efficiencies.
c. Maximizing the efficient use of existing hfiastructure, through such means as redevelopment, infill and adaptive reuse.
6. To use a smart growth approach to achieving housing needs:
a. To the extent feasible, to use land more efficiently to engender economically vibrant communities, complete with jobs, houses, shopping, recreation, entertainment and multiple modes of transportation.
b. To support a diverse mix of housing that offers a wide range of choice in terms of value, type and location. In addition, to achieve quality housing design that provides adequate light, air, and open space.
c. To target afXordable housing units for areas with existing higher densities, fiee of environmental constraints, and within walking distance of schools, employment, services, transit and community facilities with sufficient capacity to support them.
Summary of Harmony Township's Past Affordable Housing Activities
Harmony Township received its first round Substantive Certification fiom COAH in 1990. At that time, the Township's fair share obligation had been determined by COAH to be 57 units, comprised of a 22 unit rehabilitation obligation and a 35 unit new construction obligation. The Township's first round plan included 21 units of credit for a portion of the 82 unit National Church Residence HUD-subsidized low and moderate income senior citizen and handicapped housing development in Lopatcong Township, which had been jointly sponsored by Lopatcong, Pohatcong and Harmony Townships. The 2 1 units of credit which represented Harmony Township's agreed upon share (Pohatcong also received 21 credits and Lopatcong, as the host municipality, received 42 credits), reduced the COAH obligation remaining to Harmony Township in the first round to 36 units (22 rehabilitation units and 14 new construction units). The Township was sued by Dowel Associates on the day it adopted its fust round Housing Element and Fair Share Plan. The case was ultimately transferred to COAH and mediated. As a result of the mediated agreement with Dowel Associates, Block 37, Lot 4 was to be developed with an inclusionary residential development that would produce the remaining 36 low and moderate income housing units.
When COAH issued its second round fair share numbers, the Township of Harmony was determined to have a cumulative fair share obligation (for both the first and second rounds) of 69 units, comprised of both a 22 unit rehabilitation obligation and an inclusionary or new construction obligation of 47 units. Since COAH had already awarded Harmony credit for the
21 units of HUD-subsidized senior and handicapped housing in Lopatcong, only 26 additional new units were needed to fulfill the remaining new construction obligation. These units were proposed by Harmony to be fulfilled on the Dowel Associates site, as provided in the mediated agreement. The Township proposed to address its 22 unit rehabilitation obligation through credits for 7 units already rehabilitated by the Warren County Housing Programs office since 1990 and by h d i n g an additional 15 units of rehabilitation with contributions from Dowel Associates in lieu of the construction of 10 of the 36 affordable units otherwise required of them (since only 26 units were needed to fulfill the new construction obligation).
COAH certified the Township's second round plan on October 2,2002, giving the Township's Housing Element and Fair Share Plan a presumption of validity for a period of six (6) years from the date of certification. This certification was subsequently determined by COAH to protect Harmony against builder's remedy lawsuits as to its prior round affordable housing obligation, but not, after May 15,2007, as to its third round obligation. As a result, Harmony adopted an Interim Third Round Housing Element in May of 2007, which it submitted to COAH just before the deadline of May 15,2007. It did this to ensure that it would remain under COAH's jurisdiction for the third round, even though COAH's initially adopted third round Rules were expected to change within a matter of months, based upon the Appellate Court's ruling.
The lynchpin of Harmony's prior round Housing Element and Fair Share Plan was the Dowel Associates site, which became part of the Township's first round Housing Element and Fair Share Plan as a result of a mediated settlement agreement. That agreement had contemplated the construction of 3 15 dwelling units, of which 36 would be affordable units for low and moderate income households.
The Dowel Associates site did not develop during the first round, so when the Township was preparing its second round Housing Element and Fair Share Plan, it was required to address the reasons why the site had not developed and to demonstrate to COAH that the site still presented a realistic opportunity for the construction of low and moderate income housing.
There had been issues beginning in about 1990 with the odors emanating from aerial hose application of sludge from a sludge factory at the Crouse Farm nearby. The stench fiom this operation had allegedly prevented Dowel Associates fiom proceeding with the development of their site. The Township demonstrated to COAH that the DEP had indeed shut down the sludge factory in 2000. Dowel Associates provided letters to COAH indicating that it was preparing to proceed with a development application on the site, based on the development of an on-site water supply and on-site sewage treatment system.
Questions had been raised at the time about the site's geology, which was known to be prone to karst activity. Unbeknownst to the Township, Dowel Associates had retained Geoscience Services in 1993 to prepare a hydrogeological report evaluating the site's ability to support development. That report, which came to light much later, during the hearings on the development application, identified significant evidence of karst in the form of sinkholes throughout much of the site and raised serious issues regarding the ability of the site to support structures and accommodate stormwater infiltration. Nevertheless, Dowel Associates assured the
Township, via an abbreviated report fiom Geoscience Services, dated June 21,2002, that the site could, in fact, be developed, and it was on the strength of that assurance that the Township was able to convince COAH that the site could and would be developed as originally planned.
In August of 2002, Dowel Associates entered into a contract to sell the property to Centex Homes, LLC. Centex proposed to develop the property consistent with the inclusionary zoning in effect at that time and, early in 2003, submitted a development application seeking preliminary major site plan and subdivision approval. During the course of the hearings, it became apparent that there was indeed significant evidence of karst activity on the site, particularly in the very area where a drip irrigation system was proposed for the disposal of 100,000 gallons per day of treated sewage effluent. Moreover, the Board was concerned that the stormwater management system proposed by Centex was not compliant with the new Stormwater Management Rules promulgated by the NJDEP and that, if it could be made compliant, it would likely raise some of the same concerns that the proposed drip irrigation system had aroused. Ultimately, the Board denied Centex's application without prejudice, and Centex sued.
On August 10,2006, a Court-appointed expert hydrogeologist, Matthew J. Mulhall, P.G., issued a comprehensive and detailed report concluding that there are currently more questions than answers in terms of whether an on-site sewage treatment plant can be safely designed for the Dowel Associates property. Centex withdrew fiom the litigation and cancelled its contract with Dowel.
Dowel Associates pressed forward with the litigation on its own behalf, however, and on October 12,2006, the Honorable Victor Ashrafi, JSC, entered an Order for Summary Judgment enforcing the terms of the 1990 mediated settlement agreement, and, on May 2,2007, the Honorable Allison Accurso, JSC, overturned the Land Use Board's denial of the Centex application on the grounds that the Board did not have jurisdiction to deny the application based on the infeasibility of the proposed sewage disposal system and should have approved the application conditioned on the NJDEP's approval of the proposed sewage disposal system. The Township appealed Judge Accurso's decision. Her decision was upheld by the Appellate Court, and certification was denied by the Supreme Court. Late in 2007, Dowel Associates returned to the Land Use Board for the Court-mandated approval of its development application, subject to the NJDEP7s approval of the proposed sewage disposal system and the Township's Wastewater Management Plan. The Land Use Board adopted the requisite resolution on December 5,2007 (with amendments dated December 20,2007). As of this writing, no action has as yet been taken by the NJDEP with respect to the Township's proposed Wastewater Management Plan (which includes the on-site sewage treatment system for the Dowel Associates site). Recently, the Township provided the NJDEP with responses to its questions and list of additional materials required to be submitted (one of which is the Highlands Council's review and approval of the Wastewater Management Plan, which has not been obtained).
Harmony Township continues to believe that most of the Dowel Associates site is not appropriate or viable as an inclusionary development site. In addition to its karst geology, it lies in the heart of the Township's agricultural development area, where numerous other farms have
been preserved fiom development, and it is within the area designated in the Highlands Regional Master Plan as Planning Area Conservation Zone. Moreover, the 1 1.4% set-aside that was required as part of the mediated settlement agreement is too low to cover the growth share obligation generated by the entire development of 3 15 dwelling units. Nevertheless, the Township had been precluded fiom removing the Dowel Associates site fiom its Housing Element and Fair Share Plan by the Courts.
Recently, the Township and Dowel negotiated an agreement for the Township to purchase the Dowel Associates tract, and the Township has adopted a bonding ordinance to pay for the acquisition. As a result, the Township must now devise ways of addressing both its prior round and its third round affordable housing obligations without the affordable units that Dowel Associates had been planning to create.
Housing, Demographic and Employment Information
Appendices A, B and C to this Housing Element contain the Housing, Demographic and Employment background information required by COAH.
Summary of Harmony's Current Third Round Affordable Housing Obligations
COAH's currently applicable determination of the total municipal third round fair share obligation is comprised of three components: the prior round obligation, the rehabilitation obligation and the third round "growth share" obligation. For the Township of Harmony, the COAH numbers are as follows:
Third Round Total Affordable
Prior Round Obligation Rehabilitation
1 Share Obligation I I
Obligation Third Round Growth
I Total 176 1
26
COAH's determination of the third round growth share obligation is based on its consultants' projections of household and employment growth by municipality through the year 2018. The 26 unit third round obligation growth share shown for Harmony Township is based upon a projected employment growth of 4 jobs and a projected household growth of 129 dwelling units, all between January 1,2004 and December 3 1,2018. COAH divides the projected household growth by 5 and the projected employment growth by 16 and adds the two results together to determine the third round growth share obligation.
Determination of Applicable Growth Share Obligation
Municipalities that are located in the Highlands Area and that are either required to conform to the Highlands Regional Master Plan (in the Preservation Area) or elect to do so (in the Planning Area) are subject to limitations on the amount of development that will be permitted due to the amount and capacity of vacant developable land in both wastewater and septic system service areas, utility capacity and resource based capacity (Net Water Availability).
As demonstrated in the table below (developed fiom Table 4 of the Municipal Build-Out Analysis prepared by the Highlands Council for Harmony), the Highlands Council has determined that Harmony has a maximum future build-out of 247 new dwelling units and no new employment opportunities based on septic densitylutility service limitations. Therefore, the Township has a projected "growth share" obligation of 49.4 (or 50) affordable housing units.
Municipal Build-Out Results with Resource and Utility Constraints
Residential units - Sewered
Preservation Area Planning Area Totals
0 0 0
Septic System Yield 18 229 247
Total Residential Units 18 229 247
Non-Residential Jobs - Sewered
Source: Table 4, Municipal Build-Out Report for Harmony Township, prepared by New Jersey Highlands Council, 2009.
The maximum build-out number does not take into account development that is exempted from the Highlands Act. Exempted development (generally isolated single-family dwellings) could increase the actual build out of the Township and thereby create an additional "growth share" obligation in the future. On the other hand, the acquisition and preservation of farms and other open space could lead to a reduction in the calculation of the build-out potential for the Township, and this would serve to decrease the "growth share" obligation in the future.
Municipalities conforming in the Highlands Area may elect to use either the Highlands full build-out number or the COAH projection through 2018. If a Highlands municipality elects to use the Highlands build-out number, it is & obligated to address the fair share obligation associated with any growth that has occurred in the municipality since January 1,2004.
According to The New Jersey Construction Reporter, a total of 46 residential Certificates of Occupancy were issued in the Township fiom January 1,2004, through July 3 1,2009.
Interestingly, many of these COs were issued in the years 2004 through 2007. A number of homes in Harmony Township were severely damaged by flooding in 2004,2005 and 2006, and many of these homes were subsequently elevated (on new foundations), which may account for the unusually high number of COs reported for new residential construction, during a time when there were actually very few new homes built.
Additionally, Certificates of Occupancy were issued for 1,824 square feet of assembly floor area (if this was for a house of worship it would be excluded fiom the calculation of the growth share obligation); 10,830 square feet of oflice floor area; and 41,382 square feet of storage space, according to the same source.
Based on COAH's "growth share" ratios of one af5ordable unit for every four market units and one affordable unit for every 16 jobs, the 46 residential units constructed since January 1,2004 (two of which are new affordable units that may be excluded fiom the calculation of the growth share obligation), have generated an obligation for 8.8 affordable housing units. The non- residential space constructed since January 1,2004, has generated an obligation for another 4.66 affordable housing units. The calculation of the non-residential portion of the obligation is based on Appendix D of COAH's Substantive Rules. Thus, Harmony has incurred a total growth share obligation fiom January 1,2004, through July 3 1,2009, of 13.46 or 14 affordable housing units, which, when added to the 50 unit obligation associated with its build-out potential, equates to a total obligation of 64 units.
The COAH projections, by contrast, already cover the growth anticipated for the entire period from January 1,2004, to December 31,2018. The 26 unit projected obligation includes the 14 unit affordable housing obligation generated by growth within the Township fiom January 1, 2004, to date.
In Harmony Township's case, the Highlands build-out analysis (to which actual growth since January 1,2004, must be added) will result in a considerably higher third round obligation than the COAH projections. The Highlands number is intended as a "forever" number although, as previously indicated, it is subject to adjustment based on exempted development as well as land acquisitions and deed restrictions for preservation purposes. It is unrealistic to expect all of that development to occur before the end of 201 8, given the current economy. Consequently, Harmony Township will be utilizing COAH'sprojection of the obligation through 2018 (of 26 units) rather than the Highlands ultimate build-out number to address its third round obligation. Harmony Township will not be seeking any adjustment in the obligation assigned to it by COAH at this time.
Appendix D of this document presents Workbook A, COAH's calculation of the Township's current third round growth share obligation.
Projected Housing, Demographic and Employment Changes and Capacity to Accommodate Growth Projections
Harmony Township's ability to assure that it can accommodate the growth projected by COAH for the third round (through 20 18) has diminished as a result of the agreement reached between Harmony Township and Dowel Associates in which the Dowel Associates property will be purchased by Harmony Township. As a result of that acquisition, which has not yet occurred, the 3 15 new dwelling units that were to have been constructed on that site are unlikely to be built.
Notwithstanding the foregoing, the Highlands Build-Out Analysis projects a "111 build-out" potential for Harmony Township of some 247 additional dwelling units (over and above what has already occurred since the beginning of 2004). Consequently, it is clear that there is ~ ~ c i e n t development capacity in the Township to accommodate the COAH-projected residential growth of 129 dwelling units in a manner that will be consistent with the Highlands Regional Master Plan. The COAH-projected non-residential growth of 4 new jobs may or may not occur. Given the current slow-down in construction activity, it is not known whether the COAH projections will be achieved by 2018, but they can be achieved.
In view of the very low septic densities suggested by the nitrate dilution standards in the Highlands Regional Master Plan, achieving the calculated "full build out" potential of 247 additional residential units in the Township will require m a t i v e efforts on the part of the Township to encourage clustering, intra-municipal transfers of density, Highlands redevelopment and other techniques designed to facilitate Highlands-appropriate development. The Township will be exploring these techniques as it refines its draft Highlands Land Use Element and Highlands Land Use Ordinance.
Appendix E of this Housing Element presents the Highlands Build-Out Analysis (Module 2 of the Basic Plan Conformance Requirements).
Rehabilitation Obligation
Harmony has already satisfied its third round rehabilitation obligation. The third round rehabilitation obligation is for three (3) units - and three units in the Township were rehabilitated after April 1,2000, and prior to December 20,2004. These rehabilitation projects met the COAH rehabilitation requirements that were in place prior to December, 20,2004. Consequently, all three units are eligible for crediting. Appendix F of this Housing Element presents the documentation required by COAH as to the three rehabilitated units, although COAH already has this information in its files.
Components of the Prior Round Obligation
The prior round obligation of 47 units has been partially satisfied with the 2 1 prior cycle credits claimed by Harmony Township and aflirmed by COAH for the 82 unit National Church Residence development in Lopatcong Township. Subtracting the 21 prior cycle credits flom the
47 unit prior round obligation leaves the Township with a 26 unit obligation that had been expected to be fulfilled with affordable units built by Dowel Associates.
Out of the 26 unit remaining prior round obligation, at least 25% is required to be satisfied with rental units, and rental bonuses are permitted to be awarded at the rate of two credits for every unit of affordable family rental housing and at the rate of one and one-third credit for every unit of affordable age-restricted housing, with a total cap on the number of units eligible for rental bonuses equal to the number of units comprising the rental obligation.
Age restricted units are permitted to be used to satisfl up to 25% of the prior round obligation.
Regional Contribution Agreements were previously permitted to be used to satisfl up to 50% of the prior round obligation, but this is no longer the case, and at this time, no new Regional Contribution Agreements are being entertained by COAH. As a regional planning entity, the Highlands Council is permitted by the New Jersey Legislature to authorize inter-municipal transfers of the affordable housing obligation among municipalities that fall within the Highlands Council's jurisdiction, but there is no program currently in place to support this mechanism.
Satisfying the Prior Round Obligation
With all of the uncertainty surrounding the probability of the Dowel Associates project ever coming to hition, Harmony Township has, over the past several years, pro-actively sought and implemented opportunities to create additional affordable housing units within the Township.
"Pink House"
To that end, the Township purchased a three (3) unit apartment building identified on the Harmony Township Tax Map as Lots 72 and 73 in Block 9, located at 2830-2834 Belvidere Road. A deed restriction has been placed on the property such that all three (3) units are required to be rented to and to remain affordable to qualified low income (one (1) two-bedroom unit) and very low income (two (2) units - one (1) one-bedroom and one (1) two-bedroom) households for a period of 99 years. The units are administered by NORWESCAP, which has a contract with Harmony Township for this purpose. It should be noted that the NORWESCAP definitions of "low" and "very low" income are consistent with the HCTD definitions (not COAH's) and are comparable to COAH's definitions of moderate and low income, respectively.
Township Rental Duplex Unit
Additionally, the Township purchased one (1) two-bedroom unit within a duplex building located at 1040 Third Avenue, identified on the Township Tax Map as Block 39, Lot 14. This unit has also been deed restricted as a very low income (low income) rental unit for a period of 99 years and is also being administered by NORWESCAP.
Habitat for Humanity Duplex Units
Finally, the T o m h i p purchased a lot specifically for the purpose of allowing two (2) affordable for sale units to be built and administered by Habitat for Humanity in a new duplex building. This lot is identified on the Harmony Township Tax Map as Block 43, Lot 28. The building has been completed and the units are occupied.
American Developers Buy Downs
In addition, two (2) existing units within the Township will be purchased, deed-restricted as affordable housing, and resold to qualified low or moderate income households by American Developers, the developer of an approved twenty-one (21) lot subdivision that has yet to be constructed.
ARC of Warren I
Recently, ARC of Warren has notified the Township that it proposes to purchase an existing single-family dwelling somewhere in the Township to create a 4-5 bedroom home for supportive special needs housing. The property will be deed restricted for a period of at least 30 years, and all of the residents will be very low income (SSI).
ARC of Warren I1
ARC of Warren has also expressed an interest in creating a second 4-6 bedroom group home for supportive special needs housing in Harmony in the future and is willing to work with the Township to identify an appropriate site, either for new construction or for conversion. Since these types of group homes are considered by law to be single-family homes, the use of an existing dwelling anywhere in Harmony for the purpose of creating a group home is already deemed a permitted use and does not violate any provisions of the Highlands Regional Master Plan or NJDEP regulations for the Highlands Preservation Area.
If all of the foregoing proposals are implemented, the Township stands to have created, participated in the creation of, or otherwise gained a total of 17- 19 affordable housing units (the unit of crediting for a group home is a bedroom) with such units having the potential to generate the maximum of 6 rental bonuses the Township will be eligible to claim in the prior round.
In view of COAH's policy that affordable housing units must be allocated first to any remaining prior round obligation and second to the third round growth share obligation, the following credits will be used to fulfill the 47 unit prior round obligation:
Existing - 33 credits (21 prior cycle plus 12 new):
21 prior cycle credits (previously approved) for Lopatcong Seniors (21 credits)
3 pink house rental units plus three rental bonuses (6 credits)
1 rental unit in half of a duplex building plus one rental bonus (2 credits)
2 duplex units for sale (Habitat for Humanity) (2 credits)
2 American Developers approved but not implemented market to affordable buy-downs (2
credits)
Proposed to Address Shortfall - 14 credits:
4 ARC special needs 4-bedroom group home using an existing dwelling plus two rental
bonuses (6 credits)
8 (of 13 total) Habitat for Humanity units on septic systems clustered on upper portion of
Dowel site (8 credits)
Habitat for HumanitvAJpper Dowel Site
The proposal for the construction of up to thirteen (1 3) Habitat for Humanity units on the upper portion of the Dowel site (of which eight (8) units would be allocated to meeting the prior round obligation) assumes the use of septic systems, not sewer service, as had been intended for the 3 15 unit Dowel Associates development. It also assumes that all of the units would be able to be clustered on modestly sized lots.
The Dowel site consists of a total of 185 acres. Given the Highlands Regional Master Plan's septic density limit of one septic system for each 13.47 acres in the watershed encompassing the Dowel Associates site, as many as 13 dwelling units, each with its own septic system, could be constructed on this property.
The upper portion of the site, closer to Route 5 19, has a deeper soil overburden and demonstrates more geologic stability than the lower portion of the site, nearer the River. It is anticipated that up to 13 dwelling units served by septic systems could be clustered in this part of the site, leaving the balance available as farmland andlor open space. The upper part of the site is suitable for the type and amount of residential development contemplated and developable in accordance with the standards of the Highlands Regional Master Plan. The Fair Share Plan includes proposed zoning regulations that would permit such development and satisfy the Highlands Regional Master Plan septic density limits. The availability of the site depends, of course, on the ability of the Township to complete its intended acquisition of the entire 185 acre Dowel Associates site.
Components of the Third Round Obligation
According to COAH's current Rules, together with the 2008 amendments to the Fair Housing Act, at least half of the Township's 26 unit growth share obligation must be provided as family housing units, meaning available to the general public (i.e. not age-restricted and not special needs units).
Also, according to the Rules, the maximum number of units that can be age-restricted in the third round is, as it was in the prior round, 25% of the total growth share obligation, or, in Harmony's case, six (6) units for the third round.
The Township has a third round rental obligation of seven (7) units (25% of the entire 26 unit growth share obligation). This rental obligation is in addition to the rental obligation for the prior round, which was also seven (7) units. If the third round rental obligation is fully satisfied, with at least 50% of these rental units being family rental units available to the general public, the Township will be eligible to receive rental bonuses at the rate of two credits (one being the rental bonus) for each "excess" family rental unit (over and above those counted toward fulfillment of the rental obligation) that is available to the general public.
For the third round growth share obligation, bonus credits for excess rental units and for certain other mechanisms in COAH's Rules may be used to satisfy up to 25% (or six (6) units) of the total growth share obligation.
Based upon the 2008 amendments to the Fair Housing Act, the Township also has an obligation to provide very low income housing, defined as housing affordable to households earning 30% or less of median income for the region. At least 13% of all housing units created to satisfjr the third round growth share obligation must be affordable to very low income households, and at least 50% of the very low income housing must be in the form of family units - available to the general public. In Harmony Township's case, the very low income housing obligation equates to 3.38 (or 4) units, of which two (2) are required to be family units.
Satisfying the Third Round Growth Share Obligation
Transmix Site
Harmony Township has acquired title (by Judgment in Lieu of Foreclosure) to the former Trans- Mix site on Garrison Road, not far fkom the Dowel Associates site. The site is a 79.01 acre site identified on the Township Tax Map as Lot 27 in Block 39. The Township is currently evaluating the site for its development potential. Based on the Highlands Regional Master Plan's septic density limits for the watershed area encompassing the Transmix site, which is the same 13.47 acres per septic system that applies to the Dowel site, just under six (6) dwelling units could be constructed on this property. If an appropriate area on the site can be identified that can support residential development, the Township would seek a non-profit sponsor to construct up to six (6) new rental units in a configuration appropriate to the physical characteristics of the site. Alternatively, the Township could provide a location on the Trans-Mix site for the second group home to be constructed by ARC of Warren, perhaps in lieu of one of the six (6) single-family homes that might be built there. This second scenario would yield a total of ten affordable rental units, exceeding the Township's rental obligation of seven (7) units and allowing the Township to claim a rental bonus credit for one of the family rental units, for a total of 11 credits.
Habitat for Humanity at Dowel
Additionally, assuming that the acquisition of the Dowel Associates site proceeds as planned, five (5) of the thirteen (13) homes to be constructed there by Habitat for Humanity would be eligible for crediting against the third round growth share obligation. This would bring the third round growth share credits up to a total of 16, just 10 short of the 26 unit obligation.
Highlands Redevelopment
One potential mechanism for satisfying the remaining ten (10) unitsfcredits needed to fulfill the entire third round growth share obligation is the Highlands Redevelopment approach. This approach is not like redevelopment in the traditional sense (under the Local Redevelopment and Housing Law), in that it does not require municipal condemnation of properties. Instead, Harmony would provide, through its zoning, a more intense use of selected previously developed sites (or portions of sites) so as to create af3ordable housing opportunities.
Initially, Harmony Township had hoped that the former Race Track site might accommodate some residential development in a Highlands Redevelopment format, but it has since been learned that the Race Track site is deed restricted against residential development and can only be redeveloped for non-residential purposes. Consequently, it has been eliminated fiom consideration. At this time, there are no proposals to use Highlands Redevelopment as a means of providing af3ordable housing, but this could be reconsidered in the future.
The principal issue in moving forward with any Highlands Redevelopment approach is how to address sewage treatment and disposal and how the use of additional septic systems or septic capacity to do so might impact the developability of other properties in Harmony, due to the maximum septic density limitations within the Township.
The Highlands Council interprets its septic density standards as applying to the number of dwelling units permitted, not just the number of septic systems. However, if an owner of an existing single family dwelling were permitted to create an accessory apartment within that dwelling, without adding to it and without any increase in the total number of bedrooms in the dwelling, there should be no impact on septic system usage (since the size of a septic system is designed based on the number of bedrooms in the home).
Consequently, Harmony Township intends to seek permission from the Highlands Council for an accessory apartment program based on zoning provisions that would limit the resulting total number of bedrooms in both the accessory apartment and the host unit to the existing number of bedrooms and would require use of the misting septic system to serve both units. This is not a limit on the size of the accessory apartment, which is prohibited by COAH, but it is a limit on the total number of bedrooms within the host unit and the accessory apartment unit combined, so that this type of program can work in the Highlands Region. If permitted, such an accessory apartment program would address the remaining 10 units of the third round growth share obligation.
The Township will have to subsidize the creation of the accessory apartments with a one-time payment of $20,000 for each moderate income unit and $25,000 for each low income unit. The homeowner would be permitted to choose which level of subsidy would apply, based on whether the accessory apartment unit would be restricted to a low income household or a moderate income household. The units would be restricted for a period of 10 years.
The subsidy is permitted to be used by the owner to cover the costs of construction in creating the unit or, in the alternative, to provide compensation for the reduction in the rental rate over the requisite 10 year period of affordability controls. The rental rates are limited to a rent level affordable to a household earning 60 percent of median income for the housing region for a moderate income unit and affordable to a household earning 44 percent of median income for the housing region for a low income unit.
During the 10 year affordability control period, the accessory apartment would have to be affirmatively marketed to qualified households throughout the housing region, but at the of the 10 year period, the owner would have a legal accessory apartment that could be rented to anyone of his choosing, including a family member. The total cost to the Township of this program, assuming ten (1 0) homeowners apply for it, would be not more than $250,000.
The Fair Share Plan includes proposed zoning regulations that would permit the creation of affordable accessory apartments subject to the parameters outlined herein.
Third Round Rental, Family, and Very Low Income Housing Obligations
Harmony Township's plan will address all of the above components of the third round growth share obligation. The rental obligation would be satisfied on the Transmix site through five family rental units and one five-bedroom ARC of Warren supportive special needs house. Four of the five family rental units are needed to satisfy the 50% family housing portion of the rental obligation; the remaining three units of the rental obligation are satisfied with three of the bedrooms in the ARC house. The fifth family rental unit will be eligible for a rental bonus credit.
Harmony Township also has to address the new requirement of the Fair Housing Act that 13% of ALL affordable housing units created to satisfy the third round obligation must be affordable to very low income households. This means that Harmony has a very low income housing obligation, based on the 26 unit third round growth share obligation, of 3.38 or four (4) units. The Affordable Housing Ordinance will include a requirement that at least 10% of all affordable rental units shall be affordable to households earning 30% or less of median income, so one of the family rental units will have to be a very low income unit. The remaining three (3) very low income units will be addressed with the ARC special needs bedrooms. COAH requires that, to the extent feasible, at least 50% of the required very low income units be family units, but in Harmony's case, this does not appear to be feasible, and the Township will be seeking a waiver fiom COAH of the requirement for one additional family very low income unit. The total number of very low income units required will be provided, but the distribution between family and special needs units will not be consistent with the Rules.
Overall, out of the 25 units and 26 credits intended to address the third round growth share obligation, 80% will be family units. At this time, the Township is not proposing to age-restrict any of the units in its plan, and the only special needs housing contemplated for the third round growth share obligation is the second ARC home.
Consideration of Other Sites for Inclusionary Residential Development
One proposal has been discussed informally with Harmony Township representatives that would involve the construction of a retail building with affordable apartments above it on a portion of a small farm located on Route 5 19. The issue with this proposal is its apparent inconsistency with the Highlands Regional Master Plan, including the applicable septic density limitations.
The informal discussions with the prospective purchaser of the property occurred more than two years ago and have not progressed.
At this time, there is nothing on the horizon in the way of new development in Harmony Township, due in large measure to the economy and in small measure to the effect of the NJDEP regulations in the Highlands Preservation Area. The Township does not expect to reach the level of development forecast by COAH within the certification period unless there are major changes in the economy and in State policies regarding development in the Highlands Region.
Availability of Infrastructure
Harmony Township is entirely dependent upon individual septic systems and private wells for sewage disposal and water supply, respectively. The capacity to accommodate additional wells and septic systems is already limited in the Highlands Preservation Area by NJDEP regulations. If the Township continues on the path of opting in to conformance with the Highlands Regional Master Plan for the Planning Area, such capacity will be similarly limited in the Planning Area. The Highlands Build-Out Analysis for Harmony Township, presented in the Appendix to this document, demonstrates the impact of the Highlands Regional Master Plan on the Township's development capacity.
Anticipated Land Use Patterns, Anticipated Demand for Projected Growth and Economic Impact
The overall land use pattern in Harmony Township is not expected to change significantly in response to this Housing Element. Two small residential clusters are contemplated, along with up to 10 accessory apartments in existing residential buildings with no resulting additional bedrooms. Additionally, the plan includes adaptive reuse of the existing housing stock and permitted infill development. The existing pattern of land uses within the Township is already characterized by small clusters of residential and (limited) commercial development interspersed with farms. This will not change significantly with the implementation of the Third Round Housing Element and Fair Share Plan.
As a result of the development limitations imposed by the NJDEP Highlands Preservation Area regulations and the anticipated impact of municipal conformance with the Highlands Regional Master Plan throughout the Highlands Region, it is expected that the demand for housing within the Highlands Region will exceed the supply. The economic impacts of this are not yet known - presumably existing housing values will rise, but the speculative value of vacant and farmed land will stabilize. This is not an outcome of the Housing Element, but it is a reality that is likely to result in slower growth in the future than Harmony (and other Highlands Region municipalities) have experienced in the past.
Development Constraints
Much of the Township is subject to environmental constraints of one kind or another as a result of the Highlands Regional Master Plan. The Township has prepared (but has not yet adopted) a Highlands Environmental Resource Inventory and a Highlands Master Plan Supplement that identify these constraints and their impact on future development in the Township. These constraints do not preclude the implementation of any the proposals contained in this Housing Element and Fair Share Plan, however. Appendix G of this Housing Element presents Highlands resource mapping for each of the undeveloped sites named in the Plan.
Harmony Township is located in the Highlands Region and is fairly evenly divided between Preservation Area and Planning Area.
The Township is not without its share of contaminated (previously industrial) sites. The contamination issues do restrict which sites have been cleaned up or can be cleaned up to a residential standard that would allow redevelopment with residential uses. In many cases, industrial site owners elect to limit the clean-up achievement level to an industrial standard, with a deed restriction against future residential development. This serves two purposes. It keeps clean-up costs down, and it reduces the potential for lawsuits from future residents of the site. The Race Track site was ruled out as a potential affordable housing site due to such a deed restriction.
Summary of Harmony's Third Round Affordable Housing Plan
Harmony Township will address its current cumulative third round affordable housing obligation as follows:
Rehab Obligation:
3 units
Fully addressed prior to December, 2004.
Prior Round Obligation:
47 units
21 prior cycle credits (previously approved) for Lopatcong Seniors (21 credits) 3 pink house rental units plus three rental bonuses (6 credits) 1 rental unit in half of a duplex building plus one rental bonus (2 credits) 2 duplex units for sale (Habitat for Humanity) (2 credits) 2 American Developers approved but not implemented market to affordable buy-downs (2 credits) 4-bedroom ARC special needs group home in an existing dwelling plus two rental bonuses (6 credits) 8 (of 13 total) Habitat for Humanity units on septic systems on upper portion of Dowel site (8 credits)
Third Round Obligation:
26 units
5 family rental units at Transmix site plus one rental bonus (6 credits) 5-bedroom ARC special needs group home in a new dwelling on Transmix site (5 credits) 5 (of 13 total) Habitat for Humanity units on septic systems on upper portion of Dowel site (5 credits) 10 accessory apartments in existing residential buildings with no net increase in number of bedrooms and no new septic systems (1 0 credits)
TOTAL
76 credits176 unit obligation
The Appendices to this Housing Element and to the Fair Share Plan include the mapping and supportive documentation andlor zoning amendments required by COAH for each of the foregoing programs and credits, in addition to a new Mordable Housing Ordinance, a new Affirmative Marketing Plan and copies of the Township's Development Fee Ordinance, Escrow Agreement and Spending Plan, and a Resolution of Intent to Fund.
Harmony Township has been using NORWESCAP to administer its existing affordable housing units and expects to continue to do so in the future. To the extent that NORWESCAP is not involved in one or more of the municipally sponsored developments, the Township will be obligated to contract with another Administrative Agent to manage such units. Copies of the existing contracts with NORWESCAP are included in the Appendices to the Fair Share Plan, along with a Resolution of Intent to Contract with an (additional) Administrative Agent, if needed for other affordable housing developments.
HOUSING ELEMENT APPENDICES
APPENDIX A INVENTORY OF MUNICIPAL HOUSING CONDITIONS
Appendix A:
Inventorv of Municipal Housing; Conditions
The primary source of information for the inventory of the Township's housing stock is the 2000 U.S. Census.
According to the 2000 Census, the Township has 1,076 housing units, of which 1,010 (94%) are occupied. Table 1 identifies the units in a structure by tenure; as used throughout this Plan Element, "tenure" refers to whether a unit is owner-occupied or renter-occupied. While the Township largely consists of one-family, detached dwellings (96% of the total, compared to 66% in the County), there are 43 units in attached or multi-family structures. The Township has a relatively low percentage of renter-occupied units, 12%, compared to 27% in Warren County and 34% in the State.
TABLE 1: Units in Structure by Tenure
Source: 2000 U.S. Census, Summary Tape File 3 (STF-3) for Township, QT-H5 and QT-H1 0.
Table 2 presents the data concerning the year housing units were built by tenure, while Table 3 compares the Township to Warren County and the State. Approximately 64% of the owner-occupied units in the Township were built before 1970, and 90% of the renter occupied units were built before 1970.
TABLE 2: Year Structure Built by Tenure
Source: 2000 U.S. Census, STF-3 for Township, QT-H7 and QT-H5.
Table 3 compares the year of construction for all dwelling units in the Township to Warren County and the State. The Township has a much larger percentage of units built prior to 1960 than does the County or State and a smaller percentage of units built between 1990 and 2000. These differences are highlighted further by the median year of construction.
TABLE 3: Comparison of Year of Construction for Township, County, and State
I Pre- 1940 I 3 1.4 I 29.4 I 20.1 I
Information reported in the 2000 Census concerning occupancy characteristics includes the household size in occupied housing units by tenure, and the number of bedrooms per unit by tenure; these data are reported in Tables 4 and 5, respectively. Table 4 indicates that renter-occupied units generally house smaller households, with 62% of renter- occupied units having 2 persons or fewer compared to 53% of owner-occupied units. Table 5 indicates that renter-occupied units generally have fewer bedrooms, with 64% having two bedrooms or fewer, compared to 2 1 % of owner-occupied units.
I Median Year I Source: 2000 U.S. Census, SF-3 for Township, County, and State, DP-4.
1957 1963 ' 1962
TABLE 4: Household Size in Occupied Housing Units by Tenure
Source: 2000 U.S. Census, SF-3 for Township, H-17.
TABLE 5: Number of Bedrooms per Unit by Tenure
Table 6 compares the Township's average household size for all occupied units, owner- occupied units, and renter-occupied units to those of the County and State. The Township's average household size for owner-occupied units is higher lower than those of the State and Warren County. The average household size for renter-occupied units is higher than the County's but lower than the State's.
No bedroom
1 bedroom
2 bedrooms
3 bedrooms
4 bedrooms
5+ bedrooms
TABLE 6: Average Household Size for Occupied Units for Township, County, and State
I New Jersey I 2.68 I 2.81 I 2.43
Source: 2000 U.S. Census, SF-3 for Township, QT-H8 & QT-H5.
0
57
236
485
264
34
Source: 2000 U.S. Census, SF- 1 for Township, County, and State, DP- 1.
0
5.3
21.9
45.1
24.5
3.2
0
10
20
20
16
0
0
47
216
465
248
34
0
41
146
442
234
29
0
6
70
23
14
5
The distribution of bedrooms per unit, shown in Table 7, indicates that the Township contains less "no or one bedroom" units than the County or State and significantly more two or more bedroom units than either the County or State.
TABLE 7: Percentage of AU Units by Number of Bedrooms
I Warren County I 13.9% I 62.1 % I 24.1% I
Jurisdiction
Harmony Township
In addition to data concerning occupancy characteristics, the 2000 Census includes a number of indicators, or surrogates, which relate to the condition of the housing stock. These indicators are used by the Council on Affordable Housing (COAH) in calculating a municipality's deteriorated units and indigenous need. In the first Two Rounds of COAH's fair share allocations (1987-1999), COAH used seven indicators to calculate indigenous need: age of dwelling; plumbing facilities; kitchen facilities; persons per room; heating fuel; sewer; and, water. In the proposed Round Three rules, COAH has reduced this to three indicators, which in addition to age of unit (Pre-1940 units in Table 2), are the following, as described in COAH's rules.
I
Plumbing Facilities Inadequate plumbing is indicated by either a lack of exclusive use of plumbing or incomplete plumbing facilities.
Four or More
27.7%
None or one
5.3%
New Jersey
Kitchen Facilities Inadequate kitchen facilities are indicated by shared use of a kitchen or the non-presence of a sink with piped water, a stove, or a refigerator.
Two or Three
67%
Table 8 compares the Township, County, and State for the above indicators of housing quality. The Township has less units with inadequate kitchen facilities than the County and State.
Source: 2000 U.S. Census, SF-3 for Township, County, and State, QT-H4.
TABLE 8: Housing Quality for Township, County, and State
22.6% 18.3% 59.2%
Notes: I The universe for these factors is all housing units. Source: 2000 U.S. Census, SF-3 for Township, County, and State QT-H4.
Overcrowding
Inadequate plumbing ' Inadequate kitchen '
1.4
.4
0
1.4
0.4
0.7
5
0.7
0.8
The last factors used to describe the municipal housing stock are the values and rental values for residential units. With regard to values, the 2000 Census offers a summary of self- reported housing values. These data are provided in Table 9 and indicate that 75% of all residential properties in the Township are valued under $200,000 with a median value of $156,000.
TABLE 9: Value of Owner Occupied Residential Units
Source: 2000 U.S. Censu:
% Value
The data in Table 10 indicate that virtually all housing units rent for under $999/month with the largest percentage, 34.6%, found between $750 and $999 per month, and 13.1% of the units renting for $1,0001 month or more.
Number of Units
0
TABLE 10: Gross Rents for Specified Renter-Occupied Housing units1
0
, SF-3 for Township, County, and State, DP-4.
Monthly Rent
The data in Table 1 1 indicate that there are 51 renter households making less than $35,000 annually. At least 42 of these households are paying more than 35% of their income for rent; a figure of 35% is considered the limit of affordability for rental housing costs.
Under $200
$200 - 299
$300 - 499
$500 - 749
$750 - 999
$1,000 - 1,499
$1,000 or more
No Cash Rent
Number of Units YO
Note: Median gross rent for Harmony Township is $745. Source: 2000 U.S. Census, SF-3 for Township, QT-H12.
0
4
14
34
3 7
14
0
4
0
3.7
13.1
31.8
34.6
13.1
0
3.7
TABLE 11: Household Income in 1999 by Gross Rent as a Percentage of Household Income in 1999'
$10,000 - 19,999
$20,000 - 34,999
$35,000 + Note: he universe for this Table is specified renter-occupied housing units. Source: 2000 U.S. Census, SF-3 for Township,QT-H13.
20
13
56
0
4
42
0
0
9
0
0
0
0
5
0
20
4
5
0
0
0
APPENDIX B ANKYSIS OF DEMOGRAPHIC CHARACTERISTICS
Appendix B:
Analysis of Demographic Characteristics
As with the inventory of the municipal housing stock, the primary source of information for the analysis of the demographic characteristics of the Township's residents is the 2000 U.S. Census. The data collected in the 2000 Census provide a wealth of information concerning the characteristics of the Township's population.
The 2000 Census indicates that the Township has 2,729 residents, or 76 more residents than in 1990, representing a population increase of approximately 3%. The Township's 3% increase in the 1990's compares to a 11.8% increase in Warren County and a 8.9% increase in New Jersey.
The age distribution of the Township's residents is shown in Table 1. The younger age classes (0-4) are relatively evenly split between males and females, while males predominate in the 5-19 and 55-69 age groups, females predominate in the 720-34 and 70+ classes.
TABLE 1: Population by Age and Sex
Source: 2000 U.S. Census, SF-1 for Township, QT-PI.
Table 2 compares the Towhip to the County and State for the same age categories. The principal differences among the Township, County, and State occur in the 20-34 and 70+ age categories were the Township has a lower percentage. The Township has a higher percentage of 35-69 year olds than the County or State.
TABLE 2: Comparison of Age Distribution for Township, County, and State
(% of persons)
Source: 2000 U.S. Census, SF-1 for Township, County, and State. QT-PI.
New Jersey Age
I I I
I Table 3 provides the Census data on household size for the Township, while Table 4 compares household sizes in the Township to those in Warren County and the State. The Township differs fi-om the County and State in terms of the distribution of household sizes by having fewer households of one person and more households of 2 and 3 persons.
Median Age
TABLE 3: Persons in Household
Harmony Township Warren County
1 person
36.7 40.1
I
37.6
Household Size Number of Households
2 persons 3 persons
362 202 - I
4 persons 5 persons 6 persons
I I
Source:2000 U.S. Census, STF-1 for Township, QT-P10.
166 77 13 - I
7 or more persons 10
TABLE 4: Comparison of Persons in Household for Township, County, and State
(% of households)
Household Size I Harmony Township I Warren County I State 1 person
2 persons 3 persons 4 persons 5 persons
17.8% 35.8%
6 persons 7 or more persons
Source: 2000 U.S. Census, SF-1 for Township, County, and State, QT-P10.
20% 16.4% 7.6%
I I I
Table 5 presents a detailed breakdown of the Township's population by household type and relationship. There are 1,224 family households in the Township and 197 non-family households; a family household includes a householder living with one or more persons related to him or her by birth, marriage, or adoption, while a non-family household includes a householder living alone or with non-relatives only. In terms of the proportion of family and n o n - f d y households, the Township has more family households than the County or State (77.9% for the Township, 71.1% for the County, and 70.3% for the State).
24.0% 32.3%
1.3% 1%
Persons per household 1 2.68
TABLE 5: Household Type and Relationship
24.5% 30.3%
17.0% 16.5% 7.3%
I Total I
17.3% 16.0% 7.5%
2.1% .9%
I 2.61 -
2.7% 1.7% 2.68
1 Child 345 I
In family Households: Married
787 670
In Non-Family Households: Living alone
Table 6 provides 1999 income data for the Township, County, and State. The Township's per capita is similar to the County's. The Township's median household income is higher than that of the County and State but the median family income is lower than both the State and the County. The definitions used for households and families in Table 6 are
223 180
I In group quarters:
similar to those identified in the description of Table 5, so that the households figure in Table 1 7 includes families.
21 1 Source: 2000 U.S. Census, SF-3 for Township, QT-PlO, P l l and P12.
TABLE 6: 1999 Income for Township, County, and State
I I I
I Warren County $25,728 $56,100 $66,223 I I I I
I New Jersey $27,006 $55,146 $65,370 I I I I I
Source: 2000 U.S. Census, SF-3 for Township, County, and State, DP-3.
Table 7 addresses the lower end of the income spectrum by providing data on poverty levels for persons and families. The determination of poverty status and the associated income levels is based on the cost of an economy food plan and ranges from an annual income of $8,501 for a one-person household to $28,967 for an eight-person family for the year 1999. According to the data in Table 7, the Township proportionally has fewer persons and families qualifjring for poverty status than do the County or State. However, the percentages in Table 7 translate to 122 persons, but only 22 families, in poverty status. Thus, the non- family households have a much larger share of the population in poverty status.
TABLE 7: Poverty Status for Persons and Families for Township, County, and State
I I I Warren County 5.4% 3.6%
(% with 1999 income below poverty)
I I
New Jersey 8.5% 6.3% I
Jurisdiction - *
Harmony Township
I I I I
Source: 2000 U.S. Census, SF-3 for Township, County, and State, DP-3.
The U.S. Census includes a vast array of additional demographic data that provides interesting insights into an area's population. For example, Table 8 provides a comparison of the percent of persons who moved into their homes before 1995; this is a surrogate measure of the mobilitylstability of a population. The data indicate that the percentage of Township residents residing in the same house as in 1995 exceeds that of the County and State.
Persons (%)
4.5%
TABLE 8: Comparison of Place of Residence for Township, County, and State, 1995
Families (%)
2.8%
Jurisdiction Percent living in same house in 1995 I Harmony Township
Warren Countv 74.3 60
I New Jersey 59.8 Source: 2000 U.S. Census, SF-3 for Township, County, and State, QT-H7.
Table 9 compares the educational attainment for Township, County, and State residents. These data indicate that Township residents exceed State residents in high school graduate but have fewer residents with a Bachelors degree than both the State and County.
TABLE 9: Educational Attainment for Township, County, and State Residents (Persons 25 vears and over)
Source: 2000 U.S. Census, SF-3 for Township, County, and State, DP-2.
Harmony Township
Warren County
New Jersey
The 2000 Census also provides data on the means of transportation which people use to reach their place of work. Table 10 compares the Census data for the Township, County, and State relative to driving alone, carpooling, using public transit, and using other means of transportation. The Township has a relatively high percentage of those who drive alone, and a relatively low percentage of workers who carpool or use public transit. Of the 6.7% of workers who reside in the Township and use other means of transportation to reach work, 68 workers work at home and 17 workers walk to work.
TABLE 10 Means of Transportation to Work for Township, County and State Residents
84.5
84.9
82.1
I I I I
I Warren County 8 1.4% 10.9% 1.2% 6.5% I
16
24.4
29.8
I NewJersey 1 73% 1 10.6% 1 9.6% I 6.7% I Source: 2000 U.S. Census, SF-3 for Township, County, and State, DP-3.
APPENDIX C SLMMARY OF EMPLOYMENT DATA
Appendix C:
Summary of Employment Data
The 2000 Census provides detailed information on a municipality's resident population regarding their means of employment. Employment characteristics are describes two ways. First through occupation which is the type of work the employee performs. The second is by industry, or the type of business. Table 1 outlines these two characteristics for Harmony Township.
Table 1: Selected Emplovment Characteristics of Resident Population
1 Sales and office occupations 1 4191 29.4~
Employed civilian population 16 years and over 11,423 (100.0
Farming, fishing, and forestry occupations 4 0.3 Construction, extraction, and maintenance occupations Production. trans~ortation. and material moving; occu~ations
29.1 12.91
OCCUPATION E g e m e n t , professional, and related occupations 1 Service occu~ations
I finance. insurance. real estate. and rental and leasing I 811 5.71
414 184
Agriculture, forestry, fishing and hunting, and mining Construction Manufacturing Wholesale trade Retail trade Transportation and warehousing, and utilities Information
I~rofessional, scientific, management, administrative, and waste management I
1 services 1031 7.2~ ~ducational. health and social services 1 244 17.11
461 3.2
I~rts. entertainment. recreation. accommodation and food services 1 751 5.31
109 194 76
225 77 43
/other services (excevt ~ubblic administration) 1 421 3.01
7.7 13.6 -- 5.3
15.8 5.4 3.0
I 1 Public administration 1 1081 7.61 *DataJi.om the 2000 Census table DP-3 (STF-3).
The table highlights that the largest percentage of the population is in the educational, health and social services field and hold a sales or office position.
In addition to seeking information about the employment characteristics of the population, COAH requires municipalities to report on the types of industries found within the municipality. Table 2 presents data from the New Jersey Department of Labor Annual Report for 2003.
I Construction I I I I
Table 2: Employment and Wages by Industry, Califon Borough HARMONY
Aariculture. forestrv, fishina and huntina
Manufacturing Wholesale trade
Finance and insurance Real estate and rental and leasina
1 Retail trade Transportation and warehousing
I Information
- Professional and technical services
I Administrative and waste services
Annual Wages
Annual Average Units
Educational services Health care and social assistance
Average Employment
3
Arts, entertainment, and recreation Accommodation and food services Other services, except public administration I Unclassified entities
27 $28,125
The extremely low employment reported for Harmony Township appears to be inaccurate, as there are known employment units in the Township that are not represented in the data. It may be that some of these employment units were reported as being in Phillipsburg or in Belvidere, based on their post ofice addresses. While Harmony Township does not have significant employment opportunities, more exist than have been reported in the Department of Labor's 2003 Annual Report.
PRIVATE SECTOR MLINICIPAI-ITY TOTAL FEDERAL GOVT MUNICIPALITY TOTAL LOCAL GOVT MU N l Cl PALITY TOTAL
Source: 2003 Annual Report, NJDOL.
16
3
143
61
$23,137
$40,722
APPENDIX D WORKBOOK A - COAH'S CALCULATION OF
GROWTH SHARE OBLIGATION
Workbook A: Growth Share Deterrr~ination Using Published Data (Using Appendix F(2), Allocating Growth To Municipalities)
COAH Growth Projections Must be used in all submissions
Municipality Name: ~LLAs- c. Enter the COAH generated growth projections from ~ ~ ~ e n d i x F(2) found at the back of N.J.A.C. 5:97-1 et seq. on Line 1 of this worksheet. Use the Tab at the bottom of this page to toggle to the exclusions portion of this worksheet. After entering all relevant exclusions, toggle back to this page to view the growth share obligation that has been calculated. Use these figures in the Application for Substantive Certification.
Enter Growth Projections From 1 Appendix F(2)
Subtract the following Residential Exclusions pursuant to 5:97-2.4(a) from
2 "Exclusions" tab built or projected to be built post 1/1/04 lnclusionary Development SupportivelSpecial Needs Housing Accessory Apartments Municipally Sponsored or 100% Affordable Assisted Living Other
Market Units in Prior Round lnclusionary development built post 1/1/04
Subtract the following Non-Residential 3 Exclusions (5:97-2.4(b)
Affordable units Associated Jobs
Residential Non-
Residential
Click Here to enter Prior Round Exclusions
4 Net Growth Projection 1 115
Affordable Total Projected Growth Share Obligation 2Y. 0565) Units
Projected Growth Share (Conversion to Affordable Units Dividing Households by 5
* For residential growth, see Appendix F(2), Figure A. l , Housing Units by Municipality. For non-residential growth, see Appendix F(2), Figure A.2, Employment by Municipality.
93. $ Affordab'e 4 Affordable
5 and Jobs by 16) 1 Units 4 25 "nits
Affordable and Market-Rate Units Excluded from Growth Municipality Name: 0
Prior Round Affordable Units NOT included in lnclusionary Developments Built post 111104
Number of COs Development Type Issued andlor Projected
SupportiveISpecial Needs Housing Accessory Apartments Municipally Sponsored and 100% Affordable Assisted Living Other
Total
Market and Affordable Units in Prior Round lnclusionary Development Built post 1/1/04
N.J.A.C. 5:97-2.4(a) (Enter Y for yes in Rental column if rental units resulted from N.J.A.C. 5:93-5.15(c)5 incentives)
Development Name Rentals? Total Market Affordable Market Units
(YIN) Units Units Units Excluded
Total d/h ~ 1 4 6 g
Jobs and Affordable Units Built as a result of post I11104 Non-Residential Development N.J.A.C. 5:97-2.4(b)
Affordable Permitted Development Name Units Jobs
Provided Exclusion 0 0 0 0
Total 0 0
Return To Workbook A Summaw
APPENDIX E HIGHLANDS BUILD-OUT ANALYSIS
(MODULE 2 OF BASIC PLAN CONFORMANCE)
New Jersey
Harmonv Township Munici~al Build-Out Report
Prepared by the State of New Jersey Highlands Water Protection and Planning Council in Support of the Highlands Regional Master Plan: Report on the Results of Modules 1 and 2 of the 2009 Plan July 2009 Conformance Process
HARMONY TOWNSHIP MUNICIPAL BUILD-OUT REPORT
for HIGHLANDS REGIONAL MASTER PLAN CONFORMANCE
Purpose and Scope
The Hrghlands Regional Master Plan (RMP) requires that conforming municipalities develop a local build-out analysis that incorporates the policies and objectives of the RMP. Specifically, conforming municipalities are required to "use the Highlands Build-Out Model to develop a local build-out analysis that incorporates RMP policies and objectives to evaluate land use capability and capacity planningyy (Objective 6G4c). The RMP build-out process requires a Limiting Factor Analysis to examine three categories of constraints:
1. Land Based Capacity (potential developable lands);
2. Resource Based Capacity (Septic System Yield and Net Water Availability); and
3. Utility Based Capacity (public water and wastewater).
This Municipal Build-Out Report provides the results of the local build-out analysis based on potential developable lands and existing municipal conditions, including sewer and water supply capacity and Net Water Availability where relevant. It incorporates the results of the lirst two modules of the 2009 Plan Conformance Grants Program: Module 1 "Current Municipal Conditions and Build-Out Analysis," and Module 2 "Land Use and Resource Capacity Analysis." Both modules were completed through a detailed process involving a cooperative effort of the municipality and the Highlands Council. This process was designed to ensure use of the most current municipal information available and proper application of RMP requirements in the conduct of all analyses. The results for Harmony Township are presented in the section "Full Build-Out and Constraints Summary" and tabulated in Table 4 below.
The results of the local build-out analysis are for use by conforming municipalities for other planning activities required for Plan Conformance, such as development of Fair Share Plans addressing affordable housing oblrgations (Module 3). They also will be useful in complying with the New Jersey Department of Environmental Protection (NJDEP) wastewater management planning requirements under the Water Quality Management Planning rules at NJ.A.C. 7:15-5. The results are intended to assess current municipal conditions as they relate to specific RMP policies and objectives. It is important to note that the build-out analysis incorporates many but not every constraint to development included in the RMP, State regulations or local zoning. Future activities under Plan Conformance will address issues such as more refined or current analyses of land availability, resource capacity, resource protection and utility capacity that may modify these results to either increase or decrease the projected build out of the municipality (e.g., reducing build-out
Municipal Build-Out Report for Harmony Township
projections through land preservation, increasing build-out projections by increasing Net Water Availability or designation of Highlands Redevelopment Areas).
The results of the municipal build-out analysis are designed to be utilized at a municipal scale and are not appropriate for determining if a particular parcel or development project is consistent with the RMP. Therefore, the H@dands Build-Out Model is not intended to be applied at a parcel level to determine the development potential of that parcel, as the municipality must apply additional planning and zoning analyses to determine appropriate future sustainable development.
All of the data and figures regarding specific parcels, includmg, but not limited to, preserved lands and water and sewer service, are based on a review of currently available information; however, unintentional inaccuracies may occur and may be formally addressed as RMP Updates. Any request for a formal determination to address updated information may be submitted to the Highlands Council in accordance with the RMP policies and procedures for RMP Updates. In addition, this report does not address any Map Adjustments that a municipality may seek to revise the Land Use Capability Zone Map; these wiU be addressed at a later date.
It is critical to note that this build-out analysis was conducted based on the requirements of Plan Conformance with the RMP, as applied to parcels deemed potentially developable (vacant, over- sized and redevelopable) as of early 2009. These results do not include:
development that has been approved but not completed as of early 2009, which may yield more or less growth than the build-out results calculated for the affected parcels;
the potential impact of some fume development that may be deemed exempt from the
Highlands Act, which may yield more or less growth than the build-out results calculated for those lands;'
the potential impact of future redevelopment that may be approved through designation of Highlands Redevelopment Areas or other approvals granted with waivers as authorized by the Hrghlands Act, which may yield more growth than the build-out results calculated for those lands;
the potential impact of certain land use restrictions based on State regulations and local
ordinances that could not be assessed through a municipal level of analysis; and
Where such development is located in an approved wastewater service area in the RMP Existing Community Zone (not including the Environrnentally-Constrained Sub-zone) or the Lake Community Sub-zone, the results should be similar because the build-out analysis used local zoning. Future developments that may be authorized within the Environmentally-Constrained Sub-Zones, Protection Zone or Conservation Zone that use public or community on-site wastewater systems will have significantly different yields than calculated thtough the RMP build-out process. Likewise, the Septic System Yields for lands that will rely on septic systems may be significantly different from what those allowed by current municipal zoning.
Municipal Build-Out Report for Harmony Township
any reductions in build-out projections due to land preservation for open space or farmland beyond those preserved lands identified by the municipality through Module 1.
Therefore, the Highlands Municipal Build-Out Report for a municipality is a result of current conditions and application of RMP requirements. It provides a critical planning tool but cannot be used as a definitive prediction of the future or as a basis for parcel-based development potential.
This is a final Municipal Build-Out Report, which supersedes the Module 1 Summary Report. The results may be used in Module 3 by the municipality in support of its Housing Element and Fair Share Plan and other relevant purposes.
Municipal Build-Out Report for Harmony Township
Report Structure
This Highlands Council report is based on the municipal build-out results from Modules 1 and 2 performed by Harmony Township and the Highlands Council, in conformance with the Highlands Regional Master Plan (RMI?). These results include consideration of potential land availability, utility capacity, municipal zoning in wastewater utility service areas, Septic System Yield and Net Water Availability in accordance with the RMP. The RMP build-out analysis estimates the potential for new development in Harmony Township, for the entire municipality (see Full Build-Out and Constraints Summary, below).
First, the analysis addressed the build-out potential of the available lands, assuming application of RMP requirements for septic system yields and utility service areas without constraints related to the available capacity of public water supply and wastewater utilities or Net Water Availability. Essentially, the land-based build out represents the maximum potential for development in conformance with the RMP if no other constraints exist. Where sewered development is in conformance with the RMP, municipal zoning is used to determine build-out potential. Where septic systems will be used, the RMP requirements apply and the resulting septic system yield is assumed to be entirely residential in nature. To the extent that septic system capacity is used for non-residential development based on a proportional reallocation from residential development, the projected growth will be different than those reported above. Any reallocations of septic system yield will be addressed in Module 3 - Housing Element and Fair Share Plan.
Second, the public water supply and wastewater demands of development projected for the utility service area are compared to the utility capacity available to the municipality, regarding both public water supply and wastewater utilities. Where capacity is insufficient to support the build-out demand, the build-out estimates are reduced.
Third, the resulting water supply demands from build out in both public water supply utility service areas and domestic well service areas are compared to the Net Water Availability for the HUC14 subwatershed. In many cases, this step required information regarding water supply demands from other municipalities, so that the full demands against each HUC14 subwatershed could be assessed. Again, where Net Water Availability is insufficient to support the build-out demand, the build-out estimates are reduced.
Tlus report also includes a discussion of technical methods used in the build-out process, including quality control assessments and build-out impact factors.
Municipal Build-Out Report for Harmony Township
Full Build-Out and Constrain6 Summary for Harmony Township
Overview
The Harmony Township is located within both the Preservation Area and Planning Area. The RMP build-out analysis for Harmony Township estimates the following new development results for potential developable lands for the entire municipality, which are discussed in detail in the following section and summarized in Table 4:
1. Develo~ment in Wastewater Utfitv Service Areas: There is no HDSF wastewater utility in the municipality.
2. Develo~ment in Septic Svstem Areas: 235 septic systems in the Planning Area for all RMP Land Use Capability Zones and HUC14 subwatersheds, and 18. septic systems in the Preservation Area.
The build-out results based on potential developable lands are not constrained by water supply utility capacity and wastewater utility capacity. The water supply demands from the build-out are constrained by water availability resulang in a constraint on build-out potential equivalent to 6 septic system units, which is 5 percent of the land-based total build-out demand.
Municipal Capacity Conditions and Analysis
A summary of findings on municipal build-out capacity conditions appears in Table 1. It includes the following: potential developable vacant, over-sized and redevelopable lands in the RMP wastewater utility area; potential developable vacant, over-sized and redevelopable parcels in the septic system areas; RMP Septic System Yield; RMP Build-Out Environmentally Constrained lands; available wastewater utility capacity; and available Public Community Water Supply utility capacity.
AU figures are the results of an RMP consistency analysis applied to the information supplied by the Hrghlands Council, as supplemented and verified by Harmony Township. Each Figure shows all of the parcels that were used in the build-out process, whether for Septic System Yield or for build out of RMP wastewater utility areas.
Figure 1 presents the parcel-based potential developable lands and their association with HUCl4 subwatersheds and Land Use Capability Zones, which relate to the RMP Septic System Yield values where the parcels will be served by septic systems.
Figure 2 presents the parcel-based potential developable lands and the RMP Build-Out Environmentally Constrained lands (i.e., steep slopes, flood prone areas and Highlands Open Water buffers). Some of these areas are within the RMP Environmentally-
Municipal Build-Out Report for Harmony Township
Constrained Sub-zones while others are smaller-scale environmental features outside those sub-zones.
Figure 3 presents the parcel-based potential developable lands and their association with the RMP utility area2 for RMP HDSF~ wastewater utilities.
Figwe 4 presents the parcel-based potential developable lands associated with the RMP utility area4 for RMP Public Community Water System utilities.
RMP Build-Out Developable Land. Over-Sized Lot Analvsis and Redevelo~able Land
Harmony Township identified 1,955 acres of potential developable vacant lots and 2,025 acres of potential developable lands on over-sized lots within areas that will be served by septic systems, for a total of 3,980 acres of potential developable Septic System Yield lands. These lands were used as the basis for Septic System Yield, regardless of the extent to which any of the lands were steep slopes, flood prone areas or Highlands Open Water buffers.
In addition, there are no (0) acres of potential developable vacant lands and no (0) acres of identified potential redevelopable land (either over-sized lots or specifically identified by the municipality as being a redevelopment target) within the Existing Area Served by utilities. The municipal information for potential developable lands, over-sized lots and redevelopable land was evaluated by the Iihghlands Council in accordance with the RMP for the build-out analysis. The results for all report figures are summarized in Table 1.
RMP S ~ D tic Svs tern Yield Analysis
There are four (4) HUC14 subwatersheds located entirely or partially within the Planning Area of Harmony Township. The RMP Septic System Yield analysis for the Planning Area determined a yield of 231 units for the Conservation Zone, 1 unit for the Existing Community Zone and 3 units for the Protection Zone. The RMP Septic System Yield analysis determined a yield of 18 units for
2 The RMF' utility area for wastewater includes the Existing Areas Served based on the RMP, plus any NJDEP-approved Sewer Service Area that is within the Existing Community Zone (not including the Environmentally-Constrained Sub- Zone) or the Lake Community Sub-zone.
HDSF - Highlands Domestic Sewerage Facility. These are wastewater treatment works that provide wastewater treatment prima+ of sanitary sewage rather than industrial wastewater as a public utility, and may include service areas and treatment capacities sufficient to support redevelopment and regional growth opportunities. As such, they provide service to multiple parcels under different ownership, rather than to specific developments (e.g., schools, shopping centers, public institutions).
The RMP utility area for public water supply includes the Existing Areas Served based on the RMP, plus any additional properties identified by the municipality that are within the Existing Community Zone (not including the Environmentally-Constrained Sub-zone) or the Lake Community Sub-zone.
Municipal Build-Out Report for Harmony Township
the Preservation Area. The total RMP Septic System Yield for Harmony Township is 253 units. Refer to Table 1 and Figure 1 for additional details.
The build out for septic systems in the Preservation Area identifies the number of septic systems that would be considered permissible under the NJDEP Preservation Area Rules at N.J.A.C. 7:38- 3.4. Each vacant or over-sized lot identified thtough Module 1 and 2 was assessed to determine whether it was of sufficient size to accommodate one or more septic systems, based on NJDEP requirements for 1 unit per 25 acres of non-forested lands, 1 unit per 88 acres of forested lands, or some proportional combination thereof. The yield is assigned by parcel, not by aggregate acreage across multiple parcels, and is compiled for the entire Preservation Area of the municipality as shown in Table 1. Parcels that were too small to accommodate a new septic system under these provisions received no Septic System Yield.
In the Planning Area, the build out for septic systems is based on a yield evaluation for the aggregate of two areas: the acreage of vacant parcels and the net acreage of over-sized parcels. These areas are divided into HUC14 subwatershed/RMP Land Use Capability Zone combinations. Each combination of HUC14 subwatershed and Land Use Capability Zone within the municipality receives its own Septic System Yield, which is not transferable. The yield is based on RMP Policy 2L2, which establishes nitrate targets for each Land Use Capability Zone and incorporates the relevant drought recharge values for each HUC14 subwatershed.
The RMP Septic System Yield is calculated for 4 potential developable lands reliant on septic systems, which may include lands zoned for both residential and non-residential development. Any yields are provided in "equivalent residential units" which may later be allocated among residential and non-residential development using flow translation factors provided in the Highland Regional Bdd-Ozlt Technical Repod (see Appendix B of this report). Therefore, Septic System Yield calculated for Harmony Township would equate to 253 residential units only if no yield is allocated to non- residential development. Septic System Yield may be allocated to non-residential development by reducing the number of residential units and increasing the amount of non-residential development proportionally based on relative flows. This allocation process and the implications for affordable housing requirements will be addressed in Module 3 - Housing Element and Fair Share Plan; this analysis is not part of this report. Therefore, no estimate is made here of non-residential development. All development on septic systems is assumed to rely on domestic wells for the purposes of this analysis.
RMP Build-Out Environmentallv Constrained Lands
The RMP Build-Out analysis identified portions of the potential developable lands that are environmentally constrained based on the RMP (i.e., steep slopes, flood prone areas and Highlands Open Water buffers). These constraints were used in the build-out analysis to determine, where wastewater utility service was anticipated based on conformance with the RMP and approved sewer service areas, whether specific parcels had at least 1,400 square feet of unconstrained area. In addition, the nature and extent of these lands may influence the future development of lands in the
Municipal Build-Out Report for Harmony Township
septic system areas regarding the allocation of Septic System Yield to them and utility lands that are suitable for development. Out of the 3,980 gross developable acres in Harmony Township, for vacant parcels there is a potential net developable area of 1,162 acres in the Planning Area and 187 acres in the Preservation Area; for over-sized parcels there is a potential net developable area of 1,332 acres in the Planning Area and 231 acres in the Preservation Area. These values are a summation of the parcel-specific analyses. Refer to Table 1 and Figure 2 for additional details. This analysis should be viewed as an indicator of the level of environmental constraints in potentially developable lands, not as a parcel-based measure of development capacity.
In certain instances, the municipal potential net developable acres may be under-reported relative to actual buildable area conditions, and may even show a zero or negative value. A zero or negative value indicates that a verv high demee of environmental constraints exists on the potential developable parcels of the municipality as a whole and especially on the over-sized lots; however, some potential developable lands may still exist. This result reflects the evaluation of over-sized lots and of vacant lots that are partly included in the sewer service build-out analysis. The potential developable acres for over-sized parcels are calculated by subtracting the equivalent of a buildable area for a single unit of development (e.g., one house) under the RMP from the total parcel size. Likewise, some parcels are only partially ehgble for sewered development. In both cases the environmental constrained acres for these parcels are calculated based on the entire parcel area due to GIs processing issues. This section of the Municipal Build-Out Report uses a municipal aggregate land area analysis. This information will be used in later aspects of Plan Conformance at a parcel level and not as a municipal land aggregate value. Evaluation of the relationship of septic system yield and buildable lands will be based on the build-out parcel data information and not the Table 1 municipal summary reported values.
As part of that analysis, the municipality will be able to use the database to analyze vacant parcels in septic system areas, to help identifp parcels that could be considered to have some reasonable potential for development based on the amount of unconstrained land within them. Further analysis in later phases of Plan Conformance would then identify additional constraints to the realistic development potential of these parcels based on one or more of the following factors:
1. lack of a minimum one-acre conaguous, unconstrained buildmg site;
2. the potential building site is not accessible or access will result in damage to environmentally constrained lands;
3. application of municipal zoning constraints such as those prohibiting creation of flag lots, landlocked parcels, etc.; or
4. parcel configuration or other parcel-specific issues.
This information on vacant lands with a reasonable potential for development can be used to support the evaluation of Septic System Yield assignment in later phases of Plan Conformance.
Municipal Build-Out Report for Harmony Township
Available HDSF Wastewater Utilitv CaDa~h
There are no HDSF facilities that serve Harmony Township.
Available Public Cornmunitv Water Svstem Utilitv CaDadtv
There are no public water supply facilities that serve Harmony Township.
Water Availability Constraints The build-out results for Harmony Township, based on developable land and utility capacity, were compared to Net Water Availability by the Highlands Council to determine if Net Water Availability posed an additional constraint on development capacity. This analysis determined the potential for Net Water Availability constraints by HUC14 subwatershed, includmg water demands from both Harmony Township and other municipalities and water users that withdraw water from the same HUC14 subwatershed. The Highlands Council determined whether each demand was consumptive or depletive. For the purpose of this analysis, all septic system units were considered to represent a residential land use in accordance with the Highlands Module 2 Build-out Impact Factors presented in Appendix B, and were addressed as consumptive water uses.
The results were compared to Net Water Availability, whether for non-deficit (surplus) subwatersheds, or deficit (Conditional Water Availability) subwatersheds. These values, whether from a deficit or surplus subwatershed, are collectively referred to as Net Water Availability. In HUC14 subwatersheds dominated by Conservation Zone lands, the water availability dedicated for agricultural purposes is not used for this analysis.
Based on this analysis, the Highlands Council determined that the following HUC14 subwatersheds, both within the municipality and in other municipalities but relied upon for municipal water supply, have insufficient Net Water Availability to support the build out demand:
I Table 2 - Net Water Availability Constraints Analysis - Deficits I ~ 1 HUCl4 Subwatershed
I Buckhom Ck) *Subsequent to any reductions due to utility constraints.
02040105110030 UDRV ttibs (Rt 22 to
Based on these results for this HUC14 subwatershed, the build-out results based on potential developable land and utility constraints, as reported above, exceed water availability. Not the entire shortfall is a result of build-out in Harmony Township, as water from the HUC14 subwatershed is shared among municipalities. The portion of the shortfall resulting from Harmony Township represents a constraint on build-out potential of nearly 600 gpd of consumptive water use, which is equivalent to a reduction of 5 percent of the land-based total build-out demand, or 6 septic system units.
Build-Out Demand (MGD)*
Net Water Availability (MGD)
0.046301 0.0123 -0.034001
Municipal Build-Out Report for Harmony Township
For the remaining HUC14 subwatersheds partially or entirely in the municipality, the Highlands Council also assessed the amount of Net Water Availability remaining after build out. The results are in Table 3, which indicates the remaining Net Water Availability for each HUC14 subwatershed (where positive) and the associated public water supply systems that rely upon the HUC14 subwatershed for supply. This information can be used by the municipality to determine whether there is water available to the public water supply system that could support development within any associated wastewater utility service area, whether within the same HUC14 subwatershed or another, for purposes consistent with the RMP as describe above. The wastewater utility must also have remaining capacity available to the municipality. (Note: this available water cannot be used to increase the Septic System Yield beyond the amount calculated by the Hrghlands Council, nor can it be used to justify creation or expansion of utilities in violation of RMP requirements.) A decision as to the allocation of this capacity may occur in Module 3 regarding affordable housing needs identified in the Fair Share Plan, or later in the Plan Conformance process regarding other uses. Where a HUC14 subwatershed is relied upon by more than one municipality for water supply, whether on-site or a public water supply system, coordination will be needed among the municipalities to ensure that proposals for additional use do not exceed the remaining Net Water Availability. Also, there may be additional HUC14 subwatersheds not within the municipality that supply water to the municipality, which are not assessed here.
Table 3 - Net Water Availability - Remaining Capacity
HUC14 Subwatershed 02040105120020 Lopatcong Creek (below Rt 57) incl UDRV
Remaining Net Public Water Supply System(s) Reliant Water Availability Upon the HUC14 Subwatershed (w/
@,=Dl
0.383940
- 21 19001 Aqua NJ Water Co-Phillipsburg (formerly Consumers Water NJ)
2121001 NJ American Water Company - Washington System
2123003 Country View Village, LLC
02040105120010 Lopatcong Creek (above Rt 57) 020401 05 140040 Merrill Creek 02040105140050 Pohatcong Ck ( M e d Ck to Edison Rd) 02040105140030 Pohatcong Ck Pdison Rd-Brass Castle Ck) 02040105140020 Pohatcong Ck (Brass Castle Ck to Rt 31) 02040105110020 Buckhorn Creek (incl UDRV)
0.006632
0.043584
0.022749
0.053383
0.009793
0.028285
Municipal Build-Out Report for Harmony Township
Final Build-Out Results
The build-out results for Harmony Township are summarized in Table 4, based on land based capacity (potential developable land in both wastewater and septic system service areas), utility capacity and resource based capacity (Net Water Availability). These results are to be applied in Module 3 - Housing Element and Fair Share Plan toward the determination of affordable housing obligations. To assist in the evaluation of this information, an Excel file of the Module 2 database has been prepared by the Hrghlands Council for use in Module 3, where applicable. The Excel file is included on the Module 2 CD.
Table 4 -Municipal Build-Out Results With Resource and Utility Constraints
Residential units - Sewered
Septic System Yield
Total Residential Units
Non-Residential Jobs - Sewered
Preservation Area
0
18
18
0
Planning Area
0
229
229
0
Totals
0
247
247
0
Figure I: Municipal Build-out Report Septic System Yield by HUCi4 and LUCM Zone *
HARMONY TOWNSHIP
I
Potential Undevelopable Lands Potential Oversized Lots Potential Developable Lands Potential Redevelopable Lands
Conservation Zone in Conservation Zone in Conservation Zone 0 in Conservation Zone
Existing Community Zone in Erkting Community Zone in Existing Community Zone 0 in Existing Community Zone
m ProtectionZone rn in Protection Zone 0 in Protection Zone 0 in Protection Zone
1 Preservation Area in Preservation Area in Preservation Area in Preservation Area
WC14 Subwatersheds ozw0105~20 HUCi4 I D Number Miles
* Refer to Table 1 for Septic System Meld values, indexed by HUC14 ID o 1 2
Highlands
Figure 2: Municipal Build-out Report Environmental Constrained Lands
Highlands Build-out Environmental Constrained Lands Constraints: Highlands Open Water Buffers (3008) Flood Prone Areas Steep Slopes (Moderate and Severe)
Potential Oversized Lots L-j Reservation Area Potential Developable Lots
HARMONY TOWNSHIP
Miles -
Figure 3: Municipal Build-out Report RMP HDSF Wastewater Utilities
HARMONY TOWNSHIP
HUCi4 Subwatersheds Miles -
Figure 4: Municipal Build-out Report RMP Public Community Water System Utilities
Public Community Water Systems "2008 RMP Existing Area Served 1 HARMONY TOWNSHIP
HUCi4 Subwatersheds Miles I , \ 1 1.5
n Potential Oversized Lots
Potential Developable Lots F--] Preservation Area
Highlands
Figure 5: Municipal Build-out Report Final Build-out Results
HARMONY TOWNSHIP
Miles 111 o 0.5 1 1.5
Table 4 - Municipal Build-out R d C W~th Reso- and Utility Constraints
Preservation Area Boundary
Residential Units - Sewered
Septic System Yield
Total Residential Units
Non-Residential Jobs - Sewered
Planning Area
0
229 229
0
Preservation Area
0
18
18
0
Totals - 0
247 247
0
HARMONY TOWNSHIP INA I o I o I NA I NA I NA I
able 1: RMP Munlclpal Capaclty Cnndltlons based on Module 1 Potentlal Developable Lands- HARMONYTOWNSHIP RMP BulldQut WASTE WATER UTILITY Enlnlng Areas Sewed [EM) Analysls
MUNICIPALIN
RMP BulldQut POTABLE WATER M L I N Eallrtlng Areas Sawed ( W ) Analysls
RMP BulldQut WATER UTILITY Exlstlng Areas Served (FAS) Analvslr Bulld-out Impact Results MUNICIPALIN I WATER MLIN I R~lden t lo l U n b I Nonn#ldantlsl Squan .4et I I Jobs
U*O...-.." T",.,.,C",O I.,* I I
Munlclpal Fsslgned Percentage
MUNlClPALllY
HARMONY TOWNSHIP I NA I 0 I 0 I NA I NA I NA I RMP BulldOut WASTEWATER UTILITY Exlstlng Areas Sewad ( W ) Analysls Bul ldai t Impact Results
RMP Bulld-Out Septlc Svstem Yleld Analysls I I I 1 I nl.lllll a-. I
WASTEWATER UTILITY
MUNICIPALW
MUNICIPALIN I HUC14 I SUBWATERSHED NAME I PUN QYIEU) I P U N EUYIELD I PUNPZYIELD In7nnnrncrrnn-m l n , , . ~ ~ ~ . ~ ,am-! I I ~ D W ~ en I I
Hlghlandr Capaclty (MGD)
WATER UTIL~~Y
HARMONYTOWNSHIP 102040105110030 IUDRV trlbr (Rt 22 to Buckhorn Ck) I 124 I 0 I 3 HARMONY TOWNSHIP (02040105120010 Ilopatcong Creek (above Rt 57) 27 1 0 HARMONYTOWNSHIP ~02040105120020 l~opatcongoeek (below Rt 57) lncl UDRV 1 0 I 0 I 0
Total Wastewater Genemtlon [MGD) - Plannlng Area Munlclpal Avallable
Wastewater Capaclty (MOO)
HARMONY TOWNSHIP INA I o I o I o I o
WASTEWATER UTIUTV
I I totals 1 2311 -
1) -
3
Presewatlon Area I MUNlClPUlTY PRES YIELD
HARMONY TOWNSHIP I 18
,MGD) WaRewabrGenantlon - re=Wat
)RMP BulldQut Potential Dovelopable Landr Analyrlr I
Total Water Demand (MGD) - Plannlng Area
Resldantlal U n b
POTENTIAL DEVELOPABLE VACANT LOT SEPTIC SYSTEM ACRES I I I MUNICIPALIN ! CZ ACRES - PLANNING E P ACRES - PUNNING I PZ ACRES - PUNNING I PRESERVATION ACRES
Water Demand 'MGD)- Presewatlon &a
HARMONY TOWNSHIP I 14371 181 1231 377 POTENTIAL DEVELOPABLE OVERSIZED LOT SEPnCPlSTEM ACRES I I I
MUNICIPAUTY 1 Q ACRES - PLANNING EQACRES - PLANNING I PZ ACRES - PUNNING I PRESERVATION ACRES
Munlclpal Anllable W a l r Utlllty Capaclty (MGM)
Munlclpal*rslgned Percentage
-"- BLE WASTEWATER UTILITY ACRES I I I
MUNICIPALIN I PLANNING ACRES PRESERVATIDN ACRES
Water Utlllty Available Capaclty (MGM)
Jobs Nonrcrldentlal square Fmet People
MUNICIPALIN
Potential Overrlzed Lot Acres
MUNlClPAUTY HARMONY TOWNSHIP
HARMONY TOWNSHIP I 15781 4151 11621 3771 1901 187 POTENTIAL FULL DMLOPABLE ACRES - Plannlng Area
POTENTIAL FULL DEVELOPABLE ACRES - Plannlng Area 16Rn
ENVIRONMENTAL CONSTRAINED ACRES - Plannlng Area
ENVIRONMENTAL CONSTRAINED ACRES - Plannlng Area
77R
NET DEVELOPABLE ACRES- Plannlng Area
NET DEVELOPABLE ACRES - Planning Area
1717
POTENTIAL FULL DEVELOPABLE ACRES. Presewatlon Area
POTENTIAL FULL DEVELOPABLE ACRES -Preservation Area
365
W N m I N E D ACRES - Prewrvatlon Area
NET DEVELOPABLE ACRES - Presewatlon Area
-
ENVIRONMENTAL CONSTRAINED ACRES -
P r e r e m t l ~ n Area 134
-
NEl DEVELOPABLE ACRES - Presewatlon Area
231
Municipal Build-Out Report for Harmony Township
Overview of Technical Method for Build-Out Analysis
Module 1 "Current Municipal Conditions and Build-Out Analysis" (results of which are incorporated into or modified as appropriate for this report) was based on municipal information regarding potential developable lands (includmg identification of preserved lands and fully developed lands) and areas currently served with public water supply and wastewater utilities. It also included the current capacity conditions of public water supply and wastewater utilities, and was evaluated for municipal Land Use Capability in accordance with the RMP. The information was initially prepared by the Highlands Council and has been edited and verified by the municipality as representing the best available information on existing potential developable lands, which include vacant, non-preserved lands, as well as partially-developed lands having potential for further development (i.e., over-sized parcels) or redevelopment. The Highlands Council performed a quality control assessment to ensure that the database was technically sufficient for the build-out process (see Appendix A - Module 1). The build-out capacity conditions represent the complete build out of potential developable lands in accordance with the RMP, assuming no constraints other than location within areas served by water supply or wastewater utilities or, for those lands not within a wastewater utility service area, the Septic System Yield based upon RMP Land Use Capability Zone Map policies (which incorporate the NJDEP Rules for the Preservation Area at h1J.A.C. 7:38-3.4). The Module 1 Summary Report was prepared by the Highlands Council and provided to the municipality, which further verified or corrected land availability and municipal zoning information in the report as the first step in Module 2.
The build-out capacity conditions in Module 1 identified the available utility capacity (in units of flow) allocated to the municipality for associated Highlands Domestic Sewerage Facilities (HDSF), on-site wastewater facilities, and Public Community Water Supply Systems. The Highlands Council initially used available capacity information from the Ut i lg Capan'g Technical w o r t (2008), which used 2003 data for wastewater utilities (comparing permitted flows to the rolling maximum three month daily average in million gallons per day, or MGD) and 2004 data for public water supply utilities (comparing permitted flows to the maximum monthly demand, in million gallons per month, or MGM). The available capacity estimates initially assumed that the capacity for regional utilities (i.e., serving more than one municipality) would be allocated on a first-come, first-served basis; available capacity was apportioned among the municipalities based on relative land availability in the service area municipalities. In the Module 1 process, municipalities and regional utilities were requested to provide both updated flow data and any available information on contracted flows for a municipality. Where such information was provided and verified, it was used to update both utility- wide and municipal available capacity estimates.
The build-out impacts analysis within RMP utility areas was performed by the Highlands Council using build-out environmental constraints, municipal zoning and various impact factors (e.g., water demand, sewerage demand, population, jobs) as identified in the H&hhndr Regional Bdd-Ozd Technical Report (2008) and listed in Appendix B of this report. This analysis was applied only within the RMP utility service areas, deiined as the lands within a NJDEP approved utility service area that are also
Municipal Build-Out Report for Harmony Township
located within the Existing Community Zone or Lake Community Sub-Zone (not including the Existing Community-Environmentally-Constrained Sub-zone). Of these lands, only parcels with at least 1,400 square feet of land that is not environmentally constrained based on the RMP (i.e., steep slopes, flood prone areas and Highlands Open Water buffers) were evaluated for build out in RMP utility service areas. Potential developable lands that did not meet the criteria of the build-out RMP utility areas were evaluated as lands contributing to Septic System Yield.
In addition, the RMP Septic System Yield was calculated for the municipality. The build out for septic system areas in the Planning Area is based on the RMP Septic System Yield Analysis and does not incorporate or evaluate the effects of environmental constraints or municipal zoning. The build- out of septic system areas in the Preservation Area is based on the NJDEP Preservation Area Rules at NJ.A.C. 7:38-3.4, as required by the RMP. The total acreage of all vacant lands, the net acreage of over-sized parcels (i.e., the total lot size minus the acreage needed for one lot under the RMP) and redevelopable lands were used in the Septic System Yield analysis. In the Planning Area, the analysis used the nitrate target for the appropriate Land Use Capability Zone and the drought recharge value for the appropriate HUC14 subwatershed. In the Preservation Area, the analysis used the forested and non-forested lands at a parcel level. In keeping with RMP policies, preserved lands (including SADC, Green Acres, federal, State, county and local lands, and land trust properties and conservation easements where known) were excluded from this analysis. Environmentally constrained lands (i.e., steep slopes, flood prone areas and Highlands Open Water buffers) were included in the septic system yield analysis because the methodology assumes a mixture of constrained and unconstrained lands, but will affect how Septic System Yield is allocated in later stages of the Plan Conformance Process.
The information from Module 1 directly supported the Module 2 Land Use and Resource Capacity Analysis, results of which are incorporated into this report. In Module 2, the Highlands Council and the municipality evaluated the build-out impacts and the associated wastewater and water supply demands within the RMP utility areas as identihed in Module 1.
In Module 2, municipalities reviewed the RMP build-out impacts for RMP utility areas and verified that they reflect densities allowed by exisung municipal zoning. Areas included in the build-out process for sewer service included those lands within the wastewater Ekisting Area Served, as defined by the RMP, and also those lands within an NJDEP-approved Sewer Service Area that is also within the Lake Community Sub-zone or the Existing Community Zone (excluding the Existing Community-Environmentally Constrained Sub-zone). If the existing municipal zoning conditions have changed from the 2005 data used by the Highlands Council, then the municipality provided the current zoning and the Hghlands Council revised the build-out impacts accordingly. The Highlands Council performed a quality control assessment to ensure that the database was technically sufficient for the build-out process (see Appendix A - Module 2).
For some HUC14 subwatersheds in the municipality, the projected consumptive or depletive water demand based on both domestic well sources (either as derived from Septic System Yield, which is
Municipal Build-Out Report for Harmony Township
assumed to be supplied by domestic wells, or within a RMP wastewater utility area served by domestic wells) and water supply utility service indicate that the complete municipal build out of potential developable lands might exceed the Net Water Availability. In such cases, the Highlands Council then calculated Net Water Availability values in Module 2 for use as a further constraint on growth, and determined the extent to which the Net Water Availability would reduce the build out. The Hghlands Council also assessed the extent to which the use of. remaining wastewater utility capacity (i.e., beyond full build-out), if any, would be constrained by Net Water Availability. This information can be used by the municipality to determine whether the wastewater utility capacity can reasonably be used for purposes consistent with the RMP (e.g., affordable housing projects, TDR receiving zones, Highlands Redevelopment Areas, redevelopment within the Existing Area Served) as provided for by Objective 2K3e. A decision as to the allocation of this capacity will occur in Module 3 regarding affordable housing needs identified in the Fair Share Plan, or later in the Plan Conformance process regarding other uses.
Municipal Build-Out Repoa for Harmony Township
Appendix A: Technical Sufficiency Review
MODULE 1
The Module 1 Geodatabase (GDB) and utility capacity spreadsheet information submitted by the municipality were evaluated for technical sufficiency and quality assurance and quality control purposes by the Hrghlands Council staff. The Highlands Council reviewed the GDB (GDB#l and GDB#2, with GDB#3, where relevant) to determine that all the changes that the municipality made to the GDB are technically sufficient in order to process for RMP Build-out. All revisions made to a GDB by the Hrghland Council are reflected in the NJHC-QA-QC-COMMENTS field of the GDB. The same Build-out QA/QC Review method is conducted for both GDB#l and GDB#2. These results were reviewed by the municipality in Module 2 (see below). Any database issues that were not specifically responsive to the technical sufficiency review and not specific to the Module 1 Build-Out Analysis were flagged in the GDB by the Highlands Council for future reference.
When a municipality received GDB#3 (the updated public water utility database), the Council joined and updated the PWSID data from GDB#3 into GDB#l so all the Module 1 information was in GDB#1 for build-out processing.
Before a GDB is processed for Build-out, the Highlands Council reviewed the material submitted by the municipality including cover letters and any email correspondence for additional information relevant to the build-out analysis. The Highlands Council utilizes Microsoft Access to process the GDB through the 1\JHC QA/QC review method to create a Technical Protocol Status (TPS) report that flags all parcels that have contradictory data, as well as a SDE check which identifies inserted, deleted and updated information in the GDB. The Highlands Council utilized the TPS Report and the GDB along with the supporting documentation to evaluate any contradictory data reported as Error Codes on the TPS Repoa.
The TPS report created by the Highlands Council idendies parcels that may contain contradictory data in the GDB and therefore not process correctly in the build-out. There are 11 Error Codes and 5 Data Conditions that may potentially be flagged by the Hrghlands Council within a GDB. The identification of an Error Code may or may not result in an edit by the Council. If an edit was required in order to technically correct the GDB for build-out processing, the edit was conducted by the Hrghlands Council and recorded in the GDB. The following is a list of the TPS Error Codes and Data Conditions that may be applicable to the municipality:
Error Code 01: Municipal Vedication Field Missing - every verifiable field and row should include the Module 1 verifier's name. If a row was blank, the NJHC QA/QC reviewer would populate the field with the verifier's name or consult with the municipality as required, and enter a comment in the hTJHC-QA-QC-COMMENTS field in the GDB.
Municipal Build-Out Report for Harmony Township
Error Code 02: Parcels identified as both a Condo and Open Space - the Highlands Council evaluated the parcel's development and land preservation status to determine if the necessary data fields were populated comectly by the municipality.
Error Code 03: Parcels identified as both Developable and Open Space - the Highlands Council evaluated the parcel's development status and land preservation status and determined if the necessary data fields were populated correctly by the municipality.
Error Code 04: Parcels identified as Oversized or Redevelopable and missing the oversized or redevelopable acreage value - the Highlands Council would either consult with the municipality in order to edit the data field or utilized the GDB information to determine the missing value.
Error Code 05: Parcels identified as Oversized or Redevelopable that were also listed as Not Developable - the Hrghlands Council evaluated the parcel and edited the PARC-STAT-DEV-STATUS data field accordingly.
Error Code 06: Parcels identified as connected to a wastewater utility however no System Provider was identified - the Highlands Council would consult with the municipality and/or review the GDB and supporting documentation in order to edit the missing entry.
Error Code 07: Parcels identified as a 'Yes" indicating they are currently both connected and not connected to a wastewater utility - the Highlands Council edited Not Developable, oversized or redevelopable parcels in the wastewater no connect field to a "No." and if the parcel is vacant and developable then the Hrghlands Council edited the wastewater existing served field to a "No."
Error Code 08: Parcels identified as being connected to a wastewater utility and also identified as vacant or developable - the Highlands Council evaluated these parcels to see if they are developable, redevelopable or oversized and edited and documented accordingly in the GDB.
Error Code 09: Parcels identified as connected to a public water utility however no System Provider was identified - the Highlands Council would consult with the municipality and/or review the GDB and supporting documentation in order to edit the missing entry.
Error Code 10: Parcels identified as a 'Yes" indicating they are currently both connected and not connected to a public water utility - the Hghlands Council edited Not Developable, oversized or redevelopable parcels in the public water no connect field to a "No." and if the parcel is vacant and developable then the Hghlands Council edited the public water existq served field to a "No."
Error Code 11: Parcels identified as being connected to a public water utility and also identified as vacant or developable - the Highlands Council evaluated these parcels to see if they are developable, redevelopable or oversized and edited and documented accordingly in the GDB.
Municipal Build-Out Report for Harmony Township
Data Condition 1: Parcels idenaed as Not Developable due to Envitonmental Constraints or Inadequate Lot Geometry - these parcels were evaluated in septic served areas to ensure that the environmentally constrained parcels in the GDB were not a water body and therefore not appropriate for inclusion in the RMP Septic System Area analysis. Otherwise, vacant parcels indicated to be "Not Developable" due to environmentally constrained lands were included in the Septic System Yield analysis. Parcels that were identi£ied as an inadequate lot geometry but developable with an adjacent parcel may require further review by the municipality to ensure that the build-out process was applied correctly because the Highlands Council is not able to discern the adjacent parcel record that is in common ownership and referenced by the municipality.
Data Condition 2: Parcels identified as having a WW Utility with a Contractual Allocation were flagged in the TPS Report.
Data Condition 3: Parcels identified for PW Utility with a Contractual Allocation were flagged in the TPS Report.
Data Condition 4: Parcels containing entries as "OTHER" with associated comments were reviewed to see if the proper data field associated with the comment had been completed correctly and to assist in the review of the GDB information.
Data Condition 5: Parcels with entries in any of the ccComment" data fields- the Council reviewed this information as a means to assist in GDB technical evaluation and QA/QC review.
In addition to going through the TPS Report as described above, the Council evaluated all open space parcels to ensure they are technically correct in the GDB. The Council also reviewed parcels that have no provider listed for public water or wastewater to ensure that there are no 'Yes" data fields in the utility connection status data field, as these parcels are on septic/domestic wells and not relevant regarding a utility connection status in the GDB. Lastly, the Council QA/QC reviewer initialed and dated the GDB to complete the TPS Report and QA/QC Review process.
The municipality then received a modified GDB that:
1. incorporated the results of all edits by the Highlands Council;
2. merged the final results of GDB's #I and, where applicable, #2 and #3 into a single GDB ;
3. identified the parcels that were processed for build out as potential developable vacant, redevelopable and over-sized lots in both septic system and sewer areas; and
4. incorporated additional fields used by the Hghlands Council in running the build-out process, including municipal z o h g for potential developable vacant and redevelopable parcels associated with sewer service conforming with RMP requirements, and having at least 1,400 square feet of land that is not environmentally constrained. Where such parcels were associated with public water supply service, they were also evaluated for water demands.
Municipal Build-Out Report for Harmony Township
The Municipal Conditions Geodatabase may include in some cases duplicate parcel records within the municipality. These duplicates derive from the process of creating a spatial representation of parcels in GIs. The Highlands Council has taken the necessary steps to avoid double countmg of developable duplicate parcels, in the summary reports and in the geodatabase and any derivatives thereof.
MODULE 2
In Module 2, the municipality completed a final check on parcel information and verified the municipal zoning applicable to parcels that were processed for build out in RMP utility areas. Where edits were made and returned to the Highlands Council, the Council incorporated the edits and, where necessary, performed a revised build-out analysis, the results of which are reflected in this report.
Please note that the Type A and Type B edits conducted by the municipality were reviewed by the Highlands Council and only when an edit was relevant to the RMP Build-out analysis was it incorporated and re-processed for build-out analysis as required.
Type A Edits - Tabular
The information will be updated in the GDB as indicated.
The nature and extent of the information may or may not affect the build-out results.
Type A tabular edits that require a revised build-out will be processed and reported as a Module 2 Municipal Build-out Summary Report.
Type A Edits - Spatial
The revised spatial information will be reviewed in accordance with the Module 1 Technical Review Protocols.
Type A spatial edits that require a revised build-out will be processed and reported as a Module 2 Municipal Build-out Summary Report.
Type B Edits - Municipal Zoning
The information will be updated in the GDB as indicated.
Updated zoning changes only affect parcels in RMP utility areas.
Type B edits that require a revised build-out will be processed and reported as a Module 2 Municipal Build-out Summary Report.
Appendix B - Highlands Module 2 Build-Out Model Impact Factors
Senior or Age restricted Housing
Highlands Zone T L P ~
Garden Aparbnent or (PA-1)
Mixed use/Age Restricted Housing
(percent mix based on 40% residential and 60% non-residential
as Office/Commercial)
Mixed use (percent mix based on 40% residential and 60% non-residential
as Office/Commercial)
I I I I I I I I I I I Highlands Build-Out Residential Impact Factors - Sources * Residential dwelling units generated by the build-out model include both market rate and affordable units. (1) Source: Efficiencies are given as a percentage, between 0 and 100, where a 100 value means complete efficiency (no land lost to development), and a 0 value means no buildings will be estimated for that land use. For example an efficiency of 70% may be representative of developable land that has a 10% set aside for parks and 20% for roads (100% - 10% - 20% = 70%). Project determined values. (2) Source: Who Lives in New Jersey Housing? New Jersey Demographic Multipliers, The Profile of Occupants of Residential and nonresidential Development. Listokin, D., Voicu, I., Dolphin, W., Camp, M. Center for Urban Policy Research. Rutgers University. November 2006. NorthernNJ values were applied to Bergen, Moms, Passaic, Sussex and Warren County municipalities. Central NJ values were applied to Hunterdon and Somerset County municipalities.
1 Table 11-C-1 North Region of New Jersey Total Persons and Persons by Age (2000) @. 85) 2 Table 11-D-1 Central Region of New Jersey Total Persons and Persons by Age (2000) (p. 99) (3) Source: NCNBR, Rutgers University, April 27,2006. The impervious surface area for new dwelling units large lot zoned areas (*) is based on an average 15% impervious surface value @er NJDEP LULC) and a project determined average homestead areaof 0.50 acres. No impact value is attached to the remaining undeveloped area The impact percentage factors for the other residential composite zones represent weighted averages of NJ Highlands Percent Impervious Surface for all residentially developed lands in that composite zone. The raw data was obtained by overlaying NJ Highlands Zoning and DEP 2002 LULC spatial data files, and extracting the calculated percent impervious surface area attached to each LULC residential developed land polygon and the acres of associated developed land in each intersecting municipal zone polygon. The impervious surface areas in each municipal zone within the composite zone were aggregated and then divided by the total developed residential land area, to produce a weighted IS average for each composite zone. (4) Source: Center for Urban Policy Research (CUPR), September 2000. NJGS Consumptive Use Coefficients. For consumptive uses, a factor of 29% is utilized. For depletive uses, a factor of 100% is used (5) Source: NJDEP N.J.A.C. 7: 10 Safe Drinking Water Act Regulations Adopted November 4,2004, 7: 10-12.6 Water Volume Requirements and State Plan Impact Assessment (6) Source: NJDEP N.J.A.C. 7: 14A-23.3 Pollutant Discharge Elimination System: Technical Requirements For TWA Applications; Projected flow criteria
Comparison Zone,Unit Type
Slngle-Famlly Attached, 2-3 BR
Slngle-Fam~ly Attached, 2-3 BR
5+ Unlts (Own/Rent), 2-3
BR 5+ Units
(OwnIRent), 2-3 BR
Municipal Zoning
SOU=
Statewlde N1 Dernographlc
M u l t l ~ l l e r s (2)
Statewide N1 Demographic
Multlpllers (2)
Munlclpal Zonlng
Munlclpal Zontng
Varies Based on zoning Du/Acre
description
Region
Central2
Northern1
central2
70
Density Dwelling unit (du)/acre *
16.01+ dulacre (9.78 mlnlmum)
Apply zone denslty and FAR value
Note: Use Retall/Cornmerclal Impact factors for
non-res %
Apply zone denslty and FAR value
Note: Use Retall/Commerc~al Impact factors for
non-res O/O
Varies Based on zoning
Du/Acre description
0.00
Efficiency Factor %
(1)
70
70
70
Aveage Household
Size ( I )
2.477
2.296
2.262
2.342
Varles Based on zonlng
Du/Acre descrlptlon
Varles Based on zonlng
DuIAcre descrlptlon
Average School
Children in
~ ~ ~ ~ ~ h ~ l d (2)
0.296
0.292
0.308
0.373
0.00
Varles Based on zonlng
Du/Acre descrlptlon
60.3
Percent Impervious
C3)
57.1
68.8
42.0
(75 gpdlperson + 5 gpdlunit) *
Consurnptive/Depletive Coefficient
Consumptive/Deplethre Water Use includes Indoor demand (gpd per person) plus outdoor demand as (gpd per unit) multiplied
by Consumptive/Depletive Use Coefficient (4)
(75 gpdlperson + 5 gpdlunlt) *
Consumptlve/Deplet~ve Coefficient
(75 gpdlperson + 5 gpdlunlt) *
Consumpt~ve/Deplet~ve Coefficient
(75 gpdlperson + 5 gpdlunlt) *
Consumpt~ve/Deplet~ve Coefficient
75 gallons
per person per day
75 gallons per
per day
Public Water System Demand
(5)
75 gallons
per person per day
75 gallons
per person per day
75 gallons
per person per day
Publlc Wastewater
System Generation
(6)
75 gallons per person
per day
75 gallons per
per day
75 gallons
ped,Fgy"n
Appendix B -Highlands Module 2 Build-Out Model Impact Factors
Highlands Build-Out Non-Residential Impact Factors - Sources (1) Source: Efficiencies are given as apercentage, between 0 and 100, where a 100 value means complete efficiency (no land lost to development), and a 0 value means no buildings will be estimated for that land use. For example an efficiency of 70% may be representative of developable land that has a 10% set aside for parks and 20% for roads (100% - 10% - 20% = 70%). Project determined values. (2) Source: Who Lives in New Jersey Housing? New Jersey Demographic Multipliers, The Profile of Occupants of Residential and nonresidential Development. Listokin, D., Voicu, I., Dolphin, W., Camp, M. Center for Urban Policy Research. Rutgers University. November 2006. a Table 11-13 Commercial - Ofice Employees per 1,000 Square Feet of Gross Floor Area (GFA) (p. 136) (Reported Northeast mean value). b Table 11-1-4 Commercial -Retail Employees per 1,000 Square Feet of Gross Floor Area (GFA) (p. 139) (Value derived by averaging the mean number of employees per 1,000 sq. ft. of GFA for retail (excluding mall), retail (enclosed mall), and retail (strip shopping mall) space in the Northeast). c Table 11-1-6 Industrial - Warehouses Employees per 1,000 Square Feet of Gross Floor Area (GFA) (p. 143) (Value derived by averaging the mean number of employees per 1,000 sq. ft. of GFA for Non-Refrigerated and Refrigerated space in the Northeast). (3) Source: NCNBR, Rutgers University, April 27,2006. The impervious surface area for new dwelling units large lot zoned areas (*) is based on an aveIage 15% impervious surface value (per NJDEP LULC) and a project determined average homestead area of 0.50 acres. No impact value is attached to the remaining undeveloped area The impact percentage factors for the other residential composite zones represent weighted averages of NJ Highlands Percent Impervious Surface for all residentially developed lands in that composite zone. The raw data was obtained by overlaying NJ Highlands Zoning and DEP 2002 LULC spatial data files, and extracting the calculated percent impervious surface area attached to each LULC residential developed land polygon and the acres of associated developed land in each intersecting municipal zone polygon. The impervious surface areas in each municipal zone within the composite zone were aggregated and then divided by the total developed residential land area, to produce a weighted IS average for each composite zone. (4) Source: Center for Urban Policy Research (CUPR), September 2000. NJGS Consumptive Use Coefficients. For consumptive uses, a factor of 29% is utilized. For depletive uses, a factor of 100% is used (5) Source: NJDEP N.J.A.C. 7: 10 Safe Drinking Water Act Regulations Adopted November 4,2004,7: 10-12.6 Water Volume Requirements and State Plan Impact Assessment (6) Source: NJDEP N.J.A.C. 7: 14A-23.3 Pollutant Discharge Elimination System: Technical Requirements For TWA Applications; Projected flow criteria
Highlands Composite Zone
TY Pe
Office/Commercial
Retail
Industrial
Floor Area Ratio
Based on
zoning
Based on
zoning
Based on
zoning
Efficiency Factor %(I)
80
80
80
Region
Northeast US
Northeast US
Northeast US
Jobs per 1,000 sf (2)
2.99
1.63
1.11
Percent Impenrious
(3)
78.3
72.5
53.4
Consumptive/ Depletive Water Use multiplied
by Consumptive/Depletive
Use Coefficient
(4)
0.125 gpd/sf * Consurnptive/Depletive
Coefficient
0.125 gpd/sf * Consumptive/Depletive
Coefficient
25 gpd/person * Consumptive/Depletive
Coefficient
Public Water System
Demand (5)
0.125 gallons/day/sf
0.125 gallons/day/sf
25 gallons per person per day
Public Wastewater System Generation
(6)
0.10 gallons/day/sf
0.10 gallons/day/sf
25 gallons per person per day
APPENDIX F DOCUMENTATION OF COMPLETED REHABILITATION ACTIVITY
Council on Affordable Housing Unit Information - Rehabilitation
HARMONY TWP,WARREN
Project Name: Harmony Rehab Program -- Project I D : 12433
Date Funds Develop- Effect. Date of Length of Afford-
Flnal Expended ment Funds Affordablllty Per- Afford- ability Completed Major Inspection on Fees Re- Controls petual ability Controls /Credit System Unlt Unit
Unit Address Qual/Unlt Data Hard Costs Exmended Captured Lien Controls Removed worthy Repalred Cateaories Flags
302 Harmony Brass B: 21-; L: 4-; Q: ; 03/28/05 $0.00 $0.00 $0.00 03/17/05 N 99 Castle Road Unit: 302
Moderate Income
Sale
511 Harmony Brass B: 11-; L: 5 4 ; Q: 04/18/05 $0.00 $0.00 $0.00 10/28/04 N 99 Castle Road ; Unlt: 511
Moderate Income
Sale
99 Swamp Road B: 26-; L: I-; Q: ; 02/03/06 $0.00 $0.00 $0.00 01/10/06 N 99 Unlt: 99
Low Income
Sale
Total Total Total Total Total Development Funds Completed/ Unlts Hard Costs Fees Expended Recaptured Credit Worthy
3 $0.00 $0.00 $0.00 3 1 3
Page: 1
Date: 06/03/2010 03:49 PM P r o j e c t D e t a i l R e p o r t Page: 15
HARMONY TWP,WARREN County - Muni Code:2110
Round: 3.0 Version: Petition STATUS: Highlands Extension
Project Id: 12433
COAH Project Number:
Project Name (s) : Harmony Rehab Program
Type: Rehab
Project Sub Type: N~~~
Status: Completed
Status Date: 02/03/2006
Address :
Acreage Amount: 0
Density:
Set Aside:
Planning Regions:
Project Sponsor Type:
Project Sponsor Name:
Project Developer:
Project Credit Type:
Construction Type:
Preliminary Approval Date:
Final Approval Date:
Flags :
Market Units:
Condo Fee:
Average Range of Affordability:
Funds Committed:
Funds Expended:
Admin Costs:
Payment in Lieu/Growth Share Amount:
Payment in Lieu/Growth Share Units:
Funding Sources:
Municipally Developed
Warren County Housing Program
Rehab
Proposed:
Completed:
w/COs after 1/1/2004:
0 %
0 %
$ .oo
$ .DO
$ .oo
$ .oo
0
C - County Rehab Funds
Length of affordability Controls: Perpetual NO
99 Years
CTMPRJDETAIL (01/09)
Effective Date Of Affordability Controls:
Date Controls Expire:
Date: 06/03/2010 03:49 PM Project Detail Report
Category
Date Affordable Controls Removed:
Date of Last monitoring update:
Comments :
Page: 16 CTMPRJDETAIL (01/09)
Affordable Prior Round Credits Growth Share Credits Completed Affordable Units
Units Proposed Approved Proposed Approved Completed Creditworthy
Rehab 3 3 3
Completed Rehab 3
Low Income
Moderate Income 2 2
Sale 3 3
For Redevelopment Projects
Does this project require deed resticted units to be removed?
APPENDIX G DOCUMENTATION FOR "PINK HOUSE" CREDITS
Counci l on Af fo rdab le Housing Unit Information - New Construct ion
HARMONY TWP,WARREN
Pro jec t Name: Belvidere Road -- Pro jec t ID: 9813
Effect. Length Date Buildlng Initial Date of of Afford- Permlt C.O. Sale % of Afford- Sale/ Per- Afford- abllity Completed/
Blk/Lot/ Complete Num/ or Afford- Munlclpal ablllty Transfer Petual ablllty Controls Credlt Unit Unit Unlt Address Qual/Unlt Date Date Sale ability Subsldy Controls Date Flag Controls Removed worthy Cmtegories Flags
2830 Belvidere B: 9-; L: 7273-; Road Q: ; Unit: 1
1/1 Bedroom
Famlly
- $0.00 30% $125,000.00 04/03/06 N 99 111
1 B 2832 Belvidere B: 9-; L: 7273-; 1 Bedroom Road Q: ; Unit: 2 F
Family
R Rental
ncome - 30% - 2834 Belvidere B: 9-; L: 7273-; $0.00 30% $125,000.00 04/03/06 N 99 1/1 2 Bedroom Road Q: ; Unit: 3 I
Family
Rental
Very Low Income - 30%
Page: 1 CTMUNITNEW (3/081
C o u n c i l on Affordable Housing Unit Information - New C o n s t r u c t i o n
HARMONY TWP,WARREN
Project Name: Belvidere R o a d -- P r o j e c t ID: 9813
Effect. Length Date Building Init lal Date of of Afford- Permit C.O. Sale % of Afford- Sale/ Per- Afford- ability Completed/
Blk/Lot/ Complete Num/ or Afford- Municipal abllity Transfer Petual ability Controls Credit Unit Unit Unlt Address Qual/Unit Date Date Sale ability Subsidy Controls Date Flag Controls Removed worthy Categories Flags
Total Avg O/o Total Total Total Afford- Munlclpal Completed/ Units ablllty Subsldy Credit Worthy
Page: 2 CTMUNITNEW (3/08)
Date: 06/03/201003:49~~ P = o j e = t D e t = i l R = ~ o = t Page: 3
HARMONY TWP,WARREN County - Muni Code:2110
Round: 3.0 Version: Petition STATUS: Highlands Extension
Project Id: 9813
COAH Project Number:
Project Name (s) : Belvidere Road
Type: New Construction - 100% Afford
Project Sub Type: N~~~
Status: Completed
Status Date: 12/31/2006
Address: 2830-2834 Belvidere Road
Block and Lots: 9.-72.
Block and Lots: 9.-73.
Acreage Amount: 0
Density:
Set Aside:
Planning Regions:
Project Sponsor Type:
Project Sponsor Name:
Project Developer:
Project Credit Type:
Construction Type:
Preliminary Approval Date:
Final Approval Date:
Flags :
Market Units:
Condo Fee:
Average Range of Affordability:
Funds Committed:
Funds Expended:
Admin Costs:
Payment in Lieu/Growth Share Amount:
Payment in Lieu/Growth Share Units:
Funding Sources:
Unknown
Post 1986 Completed
New
Proposed:
Completed:
w/COs after 1/1/2004:
0 %
0 %
$ .oo
$ .oo
$ .oo
$ .oo
0
CTMPRJDETAIL (01/09)
Effective Date Of Affordability Controls: 04/03/2006
Date Controls Expire:
Date: 06/03/2010 03:49 PM P r o j e c t D e t a i l R e p o r t
Category
Date Affordable Controls Removed:
Date of Last monitoring update:
Comments :
Page: 4 CTMPRJDETAIL (01/09)
Affordable Prior Round Credits Growth Share Credits Completed Affordable Units
Units Proposed Approved Proposed Approved Completed Creditworthy
New Construction 3 3 3 3
Completed New 3 3 0 0
Family 3 3 3 3
Very Low Income - 30% 2 2 3 3
Low Income 1 1 0 0
Rental 3 3 3 3
1 Bedroom 1 1 1 1
2 Bedroom 2 2 2 2
Bonus - Rental Family 1
Bonus - VLI 2
For Redevelopment Projects
Does this project require deed resticted units to be removed?
Block 9, Lots 72 and 73,2830-2834 Belvidere Road Three Unit Apartment Building
Municipal Deed and Deed Restrictions
Lease Agreements
Tenant Income Data
Warren County Terrance D Lee
County Clerk
3
Book: 2074 Page: 71
Document Number: 2006- 00276865 Document Type: Municipal Deed Recorded Date: 0411 2/2006
Parties: CERILLO, JOHN JR HARMONY TOWNSHIP OF
Comment:
Recorded By: BENBROOK & BENBROOK
Pages Charged: 0
Pages Scanned: 7
Municipal Deed Coversheet
Recording Fee:
Transfer Tax County Treasurer State Treasurer NPNRF Extraordinary Aid Public Health General Fund
Tax Fee:
'* Examined and Charged as Follows ** 8.00 0.00
Town 0.00 HARMONY 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Serial # Consideration Tax Code 355,000.00 E
** DO NOT REMOVE ** ** This Page is Part of the Document **
I hereby certify that the within and foregoing was recorded in the Clerk's Office for:
File Information Mail Back Document Number: 2006- 00276865 KEVIN P BENBROOK
Recorded Date: 04/12/2006 10:07 A 1734 ROUTE 31 NORTH STE 1
Receipt Number: 68561 CLINTON NJ 08809-
** DO NOT REMOVE ** 'This Page is Part of the Document**
DEED
I - Robert D. Clarke, Esq. An Attorney at Law of State of NJ
BETWEEN John Cerillo, Jr
whose address is 54 Whitehead Road, Bridgewater, NJ 08807 referred to as the Grantor,
ANDTownship of Harmony
whose post office address is 3003 Belvidere Road, Phillipsburg, NJ 08865 referred to as the Grantee. The words "Grantor" and "Grantee" shall mean all Grantors and all Grantees listed above.
Transfer of Ownership. The Grantor grants and conveys (bansfers ownership of) the property described below to the Grantee. This transfer is made for the sum of Three Hundred Fifty Five Thousand AND no/100 ( $3 5 5, 0 0 0 . 0 0 ) dollars. The Grantor aclmowledges receipt of this money.
Tax Map Reference. (N.J.S.A. 46: 15-2.1) Municipality of Harmony Block No. 9 Lot Nos. 72and 73 Account No.
[ I No property tax identification number is available on the date of this deed. (Check box if applicable)
Property. The property consists of the land and all the buildings and structures on the land in the Township of Harmony, County of Warren and the State of NJ. The legal description is:
BEING THE SAME PREMISES as conveyed to John Cerillo, Jr., by deed from Sands Holding Company, a New Jersey Corporation dated 07/14/1972 and recorded 07/18/1972 in Deed Book 531, page 1000, records for Warren County, New Jersey. Also by deed from Ellen Cerillo, wife of John Cerillo, Jr., dated 9/8/1977 recorded 9/15/1977 in Deed Bock 637, page 1Oe records for Warrsn County, NJ.
Cons iderek ion: 3551000.00 Exer~ t Code: --- -
Counts Stnte B.P.#,R.F Total .00 .no .OO .OK1
Pub1 il: Extrcl,.. .01! ,<Ill Date: A P ~ 12,2006
DESCRIPTION OF PROPERTY BLOCK 9, LOTS 72 & 73
Township of Harmony Warren County, New jersey
Beginning at a point near the easterly side of Belvidere Road (A.K.A. County Koute 51 9) (66 feet wide), said point also being the beginning point of a deed between Sands Holding Company and John Cerillo, Jr. as described in Deed Book 531, Page 1000 on file in the Warren County Clerks Office and running, thence
(1) Along course 1 as described in said deed to Cerillo, South 20 degrees 00 minutes 00 seconds West, 261.20 feet to a concrete monument, thence;
i i j South 56 degrees 07 minutes 00 seconds East, 200.97 feet to a concrete monument, thence;
(3) North 17 degrees 42 minutes 08 seconds Easf 165.36 feet to a concrete monument, thence;
(4) South 50 degrees 37 minutes 58 seconds East, 202.13 feet to a concrete monument, thence;
(5) North 37 degrees 04 minutes 55 seconds East, 76.01 feet to an iron pin, said course passes over an iron pipe at 20.00 feet, thence;
(6) North 50 degrees 57 minutes 29 seconds West, 424.73 feet to the point and place of beginning.
Containing 64,135 S.F.11.4723 Acres of land more or less.
Subject to the rights of others in and to that portion of Belvidere Road that lies within the subject premises.
Subject to any other easements or restrictions of record, if any.
New Jersey License No. 37599
G ITIREP-3 (7-04)
State of New Jersey SELLER'S RESIDENCY CERTlFlCATlONlEXEMPTION
(C.55, P.L. 2004)
SELLER(S) I N F O R M Complete a Certification)
Name@) John C e r i l l o , J r .
Current Resident Address. Street: 54 Whitehead Road City, Town, Post Office: State Zip Code
Bridgewater N J 08807 Home Phone Business Phone
PROPERTY I N F O F W A T I O N e r t v Description) Block(s) Lot(s) Qualifier
Street Address: 2830-2843 Belvidere Road
Lity, Town, Post Office: State Zip Code Township of ~arrnony N J 08865
Seller's Percentage of Ownership Consideration Closing Date 100% $355,000.00 04/03/2006
S E L L E R ASSURANCES (Check the Appropriate Box) 1. [XX] I am a resident taxpayer of the State of New Jersey pursuant to N.J.S.A. 54A:l-1 et seq. and will file a resident gross income tax return and pay any applicable taxes on any gain or income from the disposition of this property. 2. [ ] The real property being sold or transferred is used exclusively as my principalresidence within the meaning of section 121
of the federal Internal Revenue Code of 1986,26 U.S.C. s. 121. 3. [ ] I am a mortgagor conveying the mortgaged property to a mortgagee in foreclosure or in a transfer in lieu of foreclosure with
no additional consideration. 4. [ ] Seller, transferor or transferee is an agency or authority of the United States of America, an agency or authority of the State
of New-Jersey, the. Federal-National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, or a private mortgage insurance company.
5. [ ] Seller is not individual, estate or trust and as such not required to make an estimated payment pursuant to N.J.S.A.54A:l-1 et seq.
i. [ ] The total consideration for the property is $1,000 or less and as such, the seller is not required to make an estimated -payment pursuant to N.J.S.A. 54A:5-1-1 et seq..
SELLERfS) D E C L A R A T I O N The undersigned understands that this declaration and its contents may be disclosed or provided to the New Jersey Division of Taxation and that any false statement contained herein could be punished by fine, imprisonment, or both. I furthermore declare that I have examined this declaration and, to the best of my knowledge and belief, it is tlue, correct and complete
I RTF-1 (rev. 1/2004) STATE OF NEW JERSEY
AFFIDAVIT OF CONSIDERATION
STATE
COUNTY OF SOMERSET
(1) PARTY OR LEGAL REPRESENT AT^. (See instructions # 3,4. & 5)
Deponent, Robert D . Clarke. Ess., being duly sworn according to law upon hisfher oath deposes and says that helshe is the Leqal Representative of the Seller in a deed dated April 3, 2006 , (Grantor, Grantee, Legal Representative, Corporare Olficer, Officer of Title Co., Lending Institution, etc.) lransferring real property identified as Block number 9, Lot numbers 72 and 73 located at 2830-2843 Belvidere Road, Harmony, Warren County and annexed hereto. (Street Address, Municipality, County)
CONSIDERATION (See Instruction # 6 )
$ $ 3 5 5 , 0 0 0 . 0 0
(3) FULL EXEMPTION FROM FEE (See Instruction # 7) Deponent states that th~s deed transaction is fully exempt from the Realty Transfer Fee imposed by Chapter. 49, P.L. 1968, and and amended by Chapter 1 1 3, P.L. 2003, for the following reason(s): Mere reference to exemption symbol is not sufficient. Explain in detail.
(b) to the Township of Harmony, a subdivision of the State of New Jersey, which is a governmental agency of the United States of America.
14) PARTIAL EXEMPTION FROM FEE NOTE: All boxes below app$ to granlor(s) only. ALL BOXES IN (See Instructions 8 and 9.) APPROPRIATE CATEGORY MUST BE CHECKED. Failure lo do so will
void daim for partial exemption.
Deponent claims that this deed transaction is exempt from the increased portion of the Realty Transfer Fee imposed by Chapter 176, P.L. 1975, as amended by Chapter 113, P.L. 2003 for the following reason(s):
. SENIOR CITIZEN Grantor(s) [ ] 62 yr. of age or over. * &
B. /BLIND Grantor(s) [ ] legally blind or; * \DISABLED PERSON (See Instruction #8 for A or B)
Grantor(s) [ ] permanently and totally disabled [ ] Receiving disability payments [ ] Not gaiqhlly employed*
Senior citizens, blind or disabled persons must also meet all of the following criteria. ] Owned and occupied by grantor(s)at time of sale. [ ] Resident of the State of New Jersey
1: ] One or two-family residential premises. [ ] Owners as joint tenants must all qualify.
'IN THE CASE OF HUSBAND AND WIFE ONLY ONE GRANTOR NEEDS TO QUALIFY IF OWNED AS TENANTS BY THE ENTIRETY.
(See Instruction #8) C. LOW AND MODERATE INCOME HOUSING
[ 1 Affordable according to HUD standards.
[ 1 Meets income requirements of region. [ 1 Reserved for occupancy. [ I Subject to resale controls.
(See Instruction #9) D. NEW CONSTRUCTION
[ 1 Entirely new improvement. [ 1 Not previously occupied.
[ 1 Not previously used for any purpose.
Deponent makes this Affidavit to ~nduce the County Clerk or Register of Deeds to record the deed and accept the fee submitted herewith in accordance with prov~sions ofchapter. 49, P.L. 1968, as amended by Chapter 113, P.L. 2003.
Subscnbed and Sworn to before me t h i s @ dayof .A-?ril, 2206. Robcn U. Ciake, Esq., Deponent
378 South Branch Road. Suite 303 Hillsborough. NJ 08844
b Q .<-, .v/ 3 . seu-(L>-,
Z F . I m , Notary Public My Commission Expires: 06/19/2006
FOR OFFICIAL USE ONLY nstrument Number 2-7 LC rb 9 County )Q rru- eed Number
The Director, Division of Taxation in the Department of the Treasury has prescribed this form, a s required by law. This form may not be altered or amended without approval of the Director.
Promises by Grantor. The Grantor promises that the Grantor has done no act to encumber the property. This promise is called a "covenant as to grantor's acts" (N.J.S.A. 464-6). This promise means that the Grantor has not allowed anyone else to obtain any legal rights which affect the property (such as by making a mortgage or allowing a judgment to be entered against the Grantor).
Signatures. The Grantor signs this Deed as of the date at the top of the fust page.
Witnessed by: ' % % (seal) @ C e r i l l o , Jr.
R o b e r t D . C l a r k e , E s q . .Li A t t o r n e y a t L a w of S t a t e of N J
STATE OF NEW JERSEY, COUNTY OF SOMERSET SS.:
John C e r i l l o , Jr . personally came before me and acknowledged under oath, to my satisfaction, that this person (or if more than one, each person):
(a) is named in and personally signed this Deed; (b) signed, sealed and delivered this Deed as his or her act and deed; and (4 made this Deed for:
$355,000.00 as the full and actual consideration paid or to be paid for the kansfer of title. (Such consideration is defined in N.J.S.A. 46:lS-5.)
Robert D. C l a r k e , E s q . An Attorney at Law of State of NJ
D E E D
John Cerillo, Jr.
Grantor,
Township of Harmony
Grantee.
Dated: dP,. j . / /,b 006
Record and return to:
Kevin P. Benbrook, Esq. 1734 Route 31 N Clinton, NJ 08809
1'
Warren County Patricia J. Kolb
' Acting County Clerk f
Book 2128 Page: 6
cumont Number 2007- 00293376 Document Type: Municipal Miscellaneous Recorded Date: 0 1 / 1 1 ~ 0 ~ 7
Parties: HARMONY TOWNSHIP OF HARMONY TOWNSHIP OF
Comment: Recorded By: BENBROOK & BENBROOK
Pages Charged: 0 Pages Scanned: 5
micipal bAiscellaneous
Recording Fee;
** Examined and Charged as Fallows ** 8.00
" DO NOT REMOVE * " This Page is Part of Uler Document"
hereby certify that the within and foregoing was recorded in the Clerk's Office for;
=ile Information Mat1 Back locurnent Number: 2007- 00293378 BENBROOK & BENBROOK
Recorded Date: O i l 1 fn007 1254 P 1734 ROUTE 31 NORTH STE 1
Receipt Number: .I02717 CLINTON NJ 088DcS-
** DO NOT REMOVE ** **This Page is Part s'f the Document**
Dec\aration P~TRI~:.IR J. ~ Q Q UAF~REH corntry C L E ~ Y , of RaulDEREr NJ
Covenants, Conditions and Restrictions Implementing Affordable Housing Controls
THIS DECLARATION is made chis 4"' day of January, 2007, by the TOWNSHIP O F HARMONY, a municipal corporation of the State of New jersey, having its principal address at 3003 Belvidere Road. Phillipsburg, New Jersey 08865 (hereinafrer referred to as '"Township"}.
WHEREAS, Township Is the owner of a 3-unit residential aparunenr building, eogerher with all of the land and improvements idamified on the Township of Harmony Tax Map as Lots 72 and 73 in Block 9 and also identified as 2830-2834 Eelvidere Road, Harmony Township. Warren County. New Jersey, the metes and bounds description of which is attached hereto as "Schedule A" (hereinafter referred to as the "Affordable Units"); and
WHEREAS, municipalities within the State of New Jersey are required by the Fair Housing Act (P.L 1985, c. 222) (hereinafter the "Acr") to provide for their fair share of housing that is affordable to households with Tow or moderate incomes in accordance wit!! the provisions of the Act;. and
WHEREAS. the Act requires *at municipalities insure thac such designated housing remains affordable to low and moderate income households;
WHEREAS, pursuant to the A- the Affordable Units described in Exhibit A attached to this Agreement have been de~lgnated as low and moderate income housing as defined by the Act and
WHEREAS, h e purpose of chis Declaration is ta insure Fha~ the described Affordable Units remain affordable to low and moderate-income eligible households for rhat period of dme described in Article I of chis Declaration.
W I T N E S S E T H :
Article I -Affordable Housing Covenants
The following covenants (the "Covenants") shall run with the land for the period of time (the "Concrol Period"), determined separate with respect for each dwelling unit, commencing upon the earlier of the date hereof or the daze on which the first certified househ~kl occupies the unit, and shall and expire as determined under the Uniform Canrrols, as defined below.
In accordance with N.J.A.C. 5180-26.5. each restricted urrk shalt remain subject to the requirements of rhis subchapcer, the "ConvoI Period," for a period of ninety-nine (99) years or until h e Township elect$ to release the unit from such requirements. The minimum that a restricted unit must remain subjm to rhe req!~iternents of this subchapcar shal! he fnr a gericd of 30 years; provided, however, thac:
I . Units located in high-poverty census tracts shall remain subject to these affordabiliv requirements for a period of at least I0 years; and
2. Any unit that, prior to December 20,2004, received subsrdntive certification from COAH, was pan of a judgment of compliance from a tourt of competent
jul-isdiction or became subjecr to a grant agreement or other c a n m a wrth either the S m e or a political subdivision hereo of, shall have its control period governed by said grant of substantive certification, judgment or grant or concran.
A. Sale and Llse of the Property is governed by regulatiuns known as &e Uniform Hobsing Affordability Controls, which are found in New Jersey Administrative Code at Title 5 , chapter 80. subchapter 26 (N.J.AC. 5:80-26.1, er seq. the "Uniform Controls"). SEE WHIT m c m S o#'&lTXXED B-
3. t h e ?rapemy shell be uzed s q l ~ l y for d ~ e purpose ofprovlding r e m l ~lwtl i lng units for jaw- CT modelxe-income households, and nrt cornniirment for any such cl;vcMIttg unir shall be given or implied, withdut exception. t o any person who has nor been certitied for char unit in writing by the Adminlscrative Agenr So long as any dwelling unit remains within irs
.- Conrrol Period, sale of the Property musr be expressly subject to these Deed Restrictions, deeds of conveyance n:ust have these Deed Restrictions appended thereto, and no sale of the Property shall be lavrful. unless approved in advance and in writing by the Administrative Agent
. No impro~s?nientS may be made co &e Pr6perty rhat r~ould affect f ~ e Gedracm c~nf igumion d any of irr d.dellii:g units, and aqy improvemanti t:, rhc Property mm be approvad in advance and in writing by the Administrative Agent.
D. T i e Owner shali notify rhe Administrative &em and, if differer:; ;he Township of any foreclosure actions filed with respect t o the Propercy wirhln f i e (5) business days of service upon Owcier.
E. The Owner shall no* the Admlnlstrative Agem and. if dierent, the Township wlchin t!ree (3) business days of rhe filing of any petition for proremion from creditors or
- reopnizatiirn filed by or on behalf of the Owner.
F. A remicted rental unit shall remain subjecr .to the affordability contrais szt forth in this Declaration despite the occurrence of any of the fallowing even=:
i. A sublease or assign me!^^ of the lease oFthe unit; ii. A sale o r other voluntary transfer of the ownarship of the * n ~ ; or iii. The enay and enforcement of any judgment of foreclozure.
G. As vsed herein, Adminisrrative k e n t shall mean the Township, any pan-profit housing aechority established and designated by the Townshp or any third party i idrn in isva~~r designated by the Township, including but rrat limited to NORVL'ESCAP.
Article 2 - Remedies for Breach of Affordable Housing Covenanh
A breach of the Covenants wI1I cause irreparable hann co rhe Administrative &ent. to rhe Township and to the public. in light of the public policiez set forth in the New Jersey Falr Housing Act, rile Uniform Housing Affordabiliry Control rulcs foar;d at N.j A.C. 5:80-26, and the obligation far the PI-ov~sion of low and muderace-i~comc housing.
A. l r r the event of a threatened breach of any of the Coyenan- by the Township or any successor in interesr: of the Property, the Administrative Agenr and the ~ & + v r ~ s k l i ~ shall have all remedies provided ac law or equity, including rhe right to seek injunctive relief o r specific performance
B. Upon the occurrence of a breach of any Covenants by *e Grantee, or any SuCCmsor in interest sr other owner of the Property. the Adrniriistrarjv~ Agenr and the Township chail have all remedies provided at iaw or equiry including but not linii~ed,d co forfeiture, foreclosu~~c, acceloracion of all sums due under any mcrgage, recouping uf aily funds from a sale in violation of the Covenant.,, diveriing oi rent proceeds from illegal rends, 8 b
injuncf\ve re\jei prwentjurther violation of said Covenann, enuy an the prenlises. ~ h o s ~
provided under Tirle 5, Chapter 80, SubchapGr 26 of the New jersey Adrnlnistrarive Code and specific performace.
IN WITNESS WHEREOF, the Township has caused to be executed chis Ceclarasion of Covenaria, Corldicions and Renric~ians Implementing Affordable Housing Concroln as of the date first above written.
TOWNSHIP OF HARMONY
Brian Tipton Mayor
STATE OF NEW J E ~ S E Y I§
COUNTY OF WARREN
I CERTl FY that on January 4, 2W7. % wm penonally came before me and acknowledged under oath v;, my satishaion that
(a) chis person is the Mayor of the Township of Harmony, the Declarant named in this ..- document;
(0) this person is authorized to and did sign this docunleht on behalf o i the Deckrant; and
(c) The making of this Declaration has been duly authorized by a proper aalon of the Township Committee.
-- Record & Return to:
Kevin P. Benbrook, Esq. BENBROOK & BENBROOK I734 Route 3 1 Norch, Suite I Cliriton, NJ 08809
Dpc $: 00295376 Pk: 2 1 2 E P 9 : LO
DESCRIPTION OF PROPERTY BLOCK9,LOTS 7 1 & 13
Township of PLamony Warren County, New Jersey
Beginning at a point near the easterly side of Belvidere Road (A.K.A. County Route 5 19) (66 fcet vridc), said point also being the beginning point of a deed betwcen Sands Holding Compa~~j) and John Cerillo, Jr. as described id Deed Book 531, Page 1000 on file in the Warren County Clerb OEce ancl miming, ihence
Along course 1 as described in sad deed 10 Cerillo, South 20 degrees 00 minutes 00 seconds FVesf 261.20 feet to a concrete monument, thence; South 56 degrees 07 minutes 00 seconds East, 200.97 feet to a conctete monument, thence;
(3) North 17 degrees 42 minutes 08 s e o ~ d y East, 165.36 feet to a concrete monument h~nce;
(4) South 50 d e w 37 mtnutes 58 secands M, 202.13 feet to a concrete m o m e n < thence;
(5) North 37 degrees 04 minutes 55 seconds East, 76.01 feet to an iron pin, sad course passes ova an iton pipe at 20.00 fa& thmfe;
(6) No& 50 degrees 57 minutes 29 s a n d s West, 424.73 feet to the pokt &ad phm of he&ains.
Containhg 64,135 S. F.11.4723 Acrm of land more or less.
SubjM to the rights of others in md to that po&n of Belvidere Road that lics wifhir~ the subject prmises.
Subject to any other easements or restfictiv119 of record, if any.
BEING the same premises conveyed to Tomship of Harmony by' Deed af ~ o h n cerillor Jr., dated April 2, 2008, and recorded in t h e Warren County ~ l e r ~ ' 6 office an kpr i l 12, 2006, in Deed Book 2074, page 71.
SCHEDULE B Unit Specific Controis
I . The two-bedroom unit identified as 2830 Belvidere Road shall be restricted to occupancy as a "low income unit".
2. The one-bedroom unit identified as 2832 Belvidere Road shall be restricted UJ occupancy as an "very low income unit".
3. The two-bedroom unit identified as 2834 Bebidere Road shdl be restricted to occupancy as an "very low income unit".
HARMONY TOWNSHIP AFFORDABLE HOUSING PROGRAM LEASE AGREEMENT
PROHIBITION .AGAINST I ) I S C K I ~ l ~ ~ A T I O ~ : I 'hc owner is sub-iect io tlie nondiscrirtiinatic?n pro~is ions o f 'l'itle VI of the Ci\-il Rights Act of 196-1. Tirle i)f't!le I-air Ilo~tsing .Act. Section 50-1 of tlie Rehabilitarion . k t of 1 973. and r l~e Age Discriniinativ~~ .Act of 1975. All complaints of discrimination should bc directed to the (.)fiicc of Fair Housing ancl Equal Opportunity (FHEO) LiSHI.:D. 26 Fcderal Plaza. R o o n ~ 3532 . New Yet-k. 3 e n l'ork 10278 1-800-496-4294.
PARTIES TO THE LEASE: The o\vnt.r of tlle apartrrlsnL co~nples will be referred to as the "O\~'ner" and the owner's agent tvill be called "31anagernent". You will hc called the "Resident".
Owner: Iiasmony To~17~11i1.7 Warren Co~uit?-. Nd Referred to as "O\\.nrr" in this ap.een1ent.
Managing Agent: l'he Norrh\vest NJ C:onimunity :lctinn Psogratn. Inc. (XORLI-ESC:..ZI'. Jnc.) Referred to as -'Managery' in this ag~.eel-nc.nr.
REXT SCHEDULES: The owner has established:
;A. Tliat the rental charged for the unit !.nu \$ . i l l bc sentiny shall he based on 30% of your ~nontlil\.: iiicon~e (less allo\vances for certain living expenses). but in ally event not to exceed thc ~ ~ i a s i r n u m gross rcnl of ' t l~e unit: and
B. That a recertitication of'>-our incotme \\.ill btt obtained at intcr\.als of not less than one year and the rental c h a r ~ e d shall be adiustecl b!. the O\\:ncl- nr i t s Manager to reflect income changes s h o \ ~ ~ n b! rccet-titicatinn.
ELICIBILIT\. REQUIREklENTS: Eligihilit). ti)^ occupant!. ot'this apartment is limited by regulations to certain lo\\: anJ..'c)r 1no3erate-inccm Rtsicients. Prior to esccution af'this T.easr. Resident ITILIS~ pro\.idc \:lanapei~ient \.critications of income and complcte an application for housing. All eligibility and rent requirernc~~ts are detsrniinecl through the "'r'enant Cel-titicntion". By executing this document. Resident ackno\vledges the rental rates i n this .4greemrnt. and agrees to submit to recertification of incorns arid eligihilit!, ar least on a annual basis. Resident agrees to cooperate n.ith this process b! pro\-iding all I-cquirecl incomi. intbrmation and further agrees to compl?. lvith all rcquirerncnts. Failure t o cornpl!. with ttie eligibilit! dctctrminativn process. or the pro\sision oi'f:~lss misleading jnforn~atic~n \I- i l l lead to e~.iction anii pnssit\le criminal GI- ci\.ii prosccr~tion.
11. CONI)ITTO3S OF THE AGREEMENT:
.4. -1-liis lease agreement (-'lease") cc3mmences on this 1" da!. of October 201)6, bet\wen the Ov-ner Hal-monv Township Warren C:ountl., %J and the Kcsidenr Alison F l e r n i n ~ and the C'o-Resident and ,:ill culminate on the 30:" day of S e p t e m h e r ~ 20 06 .
B. In consideration of ( a ) Resident's representation in Resident's rental application and (b? Resident pa>.mri.~t of the rent and performance of thr other prcn.isions of the lease. the Owner leases to Resident Mark iClarsoti and the Co-Resident in the apartment known as Crnit 2830, located at 2830-2834 Bel~:idere Road, Hamionv Tocvnship. Wan-en C'ountv. NJ .
C. 1 . OCCUPANCY: The fbllo\~.inp individuals will be occupying the apartment:
Rame Date of Birth Relationship
Mark Marasoli 06!24i 1 9G 1 Tenant
Jonathan Marason 0 3 2 5: 199 1 S 0 1-1
Sex
Male
Male
2. UNAI'THORIZED PERSONS: No person otlier than thosc listed above and their guests tila!. rrside~lt in the apat-tment.
D. 1. RENT AND LATE FEES: During the tern1 of this lease. Resident shall pay as rent $ 716.00 which shall be payable in monthly installnlents of S 716.00 in ad~.ance on the first (15'.] day of each 117011th (the "due date") during the tenn of this lease beginning nrith the com~nencernent date of this lease. Resident shall pa!. the full monthly installnient of' rent by cash, check. money order 01. certified check niade pa!.able t o X0RM'ESC:ZP. Inc. If Resident does not pay the full monthly installment to rent on or bcl'ore five ( 5 i days atier tllc due date. the resident Inay also be charged a LATE I'EE of $25. or- an anlount equal to fi\.e pc1-cent ( 5 " A ) of h e tenant's gross tenant contribution. whiche\,er is higl~er. Repeated late rental pa!.tnents are lease \-iolations and can lead to lease termination.
2. T L T E : The rcnt includes the fc)lli?\.\.in,g ~ltilizies: Oil Ideat. G a r b a ~ e C'ollrction. W'azer. b2 Sewerace . \!lanagement agrees to pro\.idc these services Resident is responsible for p a ~ ~ i n g utilit~. charges not included in the rent promptly when due. Failure to pay utilit?- charges \\-lien tiur is :L lease 1-iulririnn.
Page 2 of 20
E. TERM: This lcase sliall be for- otie !.car beginning ~ l i c clay clt' October . 2C)!)(;. If tlie Resident rakes possessio11 i ~ f the apartmcni prior to ~ h t . comtncncernetit date of [his lease. Res~denl shall pay rent at tlie rate and in the manner required b!, this leasc: and such possession in all other respects shall be sul?.iect to rht. applicable prc>\.i?;ions o f this lease. All suhscq~.lcnt i.ene\x.al terms shall also be thl- periods o1'011c" year. T'hc rc'nl of racll si~hseclii~nt pc~ iod ~)i'tc"natlc!. shall be such mount as Mauagelnen~ may l;l\\-filll!. rstal~lisll ;lncl resident shrill continue to be sul,iect to all pro\,isions <)I ' this leas<.
F. POSSESSION: Kesicicnt shall not be e r ~ t i ~ l r d li! jx,ssc.;sion o!'thc. apt-tnier.11 until ia:) Resicl?nt and >;Iatia~elilc'rit I ~ ; I \ . c signed his I C ~ S C ; L I I C ~ (b! thc prior Resident has \,:tcated the aparlrncnt arid ( c ) Resident has pai~! the rent for tlic first montli of'tlic lease tenn. securit! deposit and any other l a w f ~ ~ l charges pa!;:tblc b>- I<esidt.nt pricx- to lakin2 possession. 11' the Kesicien~ is unablc to take possession at the commencement dale of tlls least. because the apartlnrnr is not rcaci? fol. occupancy or because a prior Residenr is holding o\.er or because of'nn!. causc be!fond Manage~iient's control. tlie lease term \+.ill besin on the first d a ~ oi'thr foIlo\\.iii~ month pro~.ided that possession can be deli~.ered to the Resident b!: that time. It'pnssession cannot bc deli\,ert.d b!- thrit rims. eillier part!. to this lease shall ha^^ :hi. right to terminate this leas?.
G . RETURNED CHECK CHARGE: Resident shall pay managenlent a $25.00 processing charge for any check of Resident ~ v l ~ i c h is returned because c ~ f insut'ticient fi~nds, a closed account or any other similar cause. In tlit: e\.ent that Resident's cheek is returned becaust. of lion-sufficient filnds. a closed account. or an>- i>thcr sitnilar cause. klanagrmcnt shall 1ial.e the right to require Resident to pa? the monthl!: insrallment of rent by cash. cliecl;. tiloney order. or certified check. Such rent shall not be consiclcred paid until it is ac tua l l~~ recsi\.ed bl- h~lanagement.
H. REDETERMINATIOY OF REYT: Resident understands and agrees rt-iat Residcnt ma!; request a redetermination of rent pursuant ro the Affordable Fiousing Program guidelines and standards based Lipon any c h a ~ ~ y s s in famil!. income. famil!: composition and other eligjbilirj, requirements. Resiclent tiiust request a rent redeterniinalion whenever pcrnianent changes to gross I~~ouseliold income or permanent ad.justments to lio~isehold income result in an increase ofS4O.OO or more per month or S480 o r more per year. or in a clrcreasc oi'S20 GI- inore per non nth or $240 or Inore per year. Resident must also notif?- %:Ianagt.rnent of any changes in household size or compositiol:.
I. RECERTIFICATION OF INCOME: Resident agrees that a recertification of incon~e shall be niade to the Xlanagemcnt s i s t ~ . (60) 3a)js priol- to one !.ear from the date of'tliis lease provided, hoive\~er. that in an!. e\.ent. Resident shall rccet-tii'!. his or her income upon the execution of any subsequent least. of'thc apaltmcnt. Resident iuiderstands that Sailurc to compl>- I\-ith recel-tification requirements of thc .4fford;lble Housing Pwg-am. or tlie trrinsmissiiln of'false infimnation regarding income or other eligibilitl- factors cat1 lead ti) el-iction ti-om the ;ipartnlt.nt complcs.
Page 3 of 20
,J . RENT .AD.TVST3lENT: Rcsident i~grc'rs t l l i ~ ~ tilt' tno~~ttiI!- rcntal pa!.mcnt is sutject to acljustnient t7:. h..Ianagems~lt ro retlecr income changes \\-liich are disclosed any of Resident's rrcertiticatio~is and Resident a9rec.s to br bui~ntl b!. sucli acljustment. Xlanagen~ent agrees to give tliil-ty ( 3 0 ) da>.s \\-sitten notice of an! such acljustnient t o thc Resident. stating the amount of the adjusted nionthl!. I-onral i\.hicli die Reside~lt \ \ . i ! l br required to pa!.. If the Ktsident refuses cooper:ition \\.ith the recertification process. (11- dcla!.; completion of t l ~ c rec'ertitication process ~intil after tliir.t>- (.3(:l) da!-s prior tc) the J i ~ e <late l i ~ reccr~ificntic)n. tenant Ivill be deemed to hale \\ai\:ed rhr thirty ( 3 0 ) da!. notice pericd for sent ac1-iustment. In S L I C ~ ;I case. an!- rt'nt a$j~~stmt'nt \ $ - i l l take ctf;.cr immediatel!. upon ~:cczrtilication.
K SECI'KITY DEPOSIT: At the saniz t i ~ ~ i c ' this lcase is signed. Resident \ \ i l l deposit S 1 . ni th h,lanagt.mc.n~ ("secl~rit\ depc)sit") \~-llicti shall be deposited in a separate account in a Fcdcrnll!- insursd tinilncial inst i tutio~~ and mil!- bs ustd on l t lo:. tlie pur-posc permitted tlnder the Secul-ity Deposit L2n\\. 01' the Statc of'Ns\i- .li.rsey (X .. 1.S . . .I. 46: 8 irnd N..l.S.A. 2;,\:6-1-3 and alllend~nents ~hel-tt.to) and re~ulations of the AAi~rdable t-loi~sing Prograni. Ilntil so userl.'rhe Security Deposit sllall bc. held i r i an interest bearing account. in tri~st. for ilie Resident. Resident must be infor~ned. il l ~vriting. of the name and address oC the bank or savings and loan associatioil and the amount of the deposit \\.itl~in thirty (-30) c lap aficr deposit is rcceived by landlol-d. Interest accrued on tlic securit?. deposit \ ? - i l l be ~iiadt. n\.ailable to the K2sident ann~~a l ly . less n 1") hanciling fee.
Xame of Financial Instirution i l l \\.liich securit!. deposit \ + . i l l be lleld: PNC' Rank Koseberc. Street Phil lipsburg. SJ 08865
The fact that Managenlent holds the security deposit shall not affect Management's r igh~ to obtain possession of the apartment for ilon-pqment of rent or for any other reason permitted by law. To the extent. tliat the securit?: deposit is not applied in a perliiiitecl Iiianner. i t shall be returnable to the Resident. If h;lanagenle~it assesscs charges to the seci~rity deposit f;l!r damapc caused kt\- the Resident. an itemized accou~iting fi>r sucl~ chargrs \ j . i l l be ~?rcsenred ro Resirlent inl less thc Resident has aba~idoned the apa~-tmcnt and cannot he tc~und.
'4. ELIGIBILITY DETERRIIS.4TIONS: Eligibility detcrmil~ations will be nlade oncc each year. at the s a n e time as the annual recertification of incnme. Resident agrees to supply all requisite inforniation in ordc'r for manngemt'nt to make a ~.cde~i.rniinaticxi ot'eliyihility pursuant to Affordable FIousing Prc:)gram guiclcli~lrs and standards. including. but not !imiteil to. \.eritication of inconle from employtnznt and otht'r sources. applicant's tinancial capahilit!- to meet li\.ing and l-t'lltal expenses. credit rzports. prior landlorcl rcfcrences. famil!. composition inclucling names and ages of fainil!. members and otber personal financial data. Resident and Xlanagement asree tliat should Resident no longer lnect the eligihi lit!. requirements of tlis prc?-iect during the t e r~n o f ' t l~e lease agrccmcnt. Res idc~~t \vill be required t i , \-acate the unit \\.ithin ;il da1.s or at tlie end of thc tcrnl oi'tlle current lease ngrccment ( \vhic\lc\-e!. is longc~.!.
R. ELIGlR11,ITY REQI-IREXIESI'S: iicsident shall niert eligibilit~- r ~ . q u i r e i i e t pursuant to t4Ai~r-dable Housing f'rogriin~ sla~ldari-1s. including. l ~ u t nor I~mitccl to:
1. Re 3 \.cr! lo\\-. li!\\. or mndcr:~tc iilcome person ;IS dc1inc.d b!. t lit. .4I'fosclabIe IIousing l+-02 crranl.
2. Coniply \.r.ith t l ~ c prc!iccr (>CCllp;ltii! s~;incl;~rJ <si;ihlisl~ed P!. the O\\.ticr. 11c project (?cciipanc\ standarc1 i . ~ a\,ailablc. 1b1- rc\.it.\i in the oftice of'thc project tnanager. 11' household co!ilpc!sition cl-tangcs so [liar prc!ic.cr occilpanq. stanclards arc ni! 1ongt.r met. 1icsiili.nt agrcc?: t~ t?io\.t' T(.) 3 i~nil ot'approp~.i:~tc size \vhcn i l I i t . is a\-~~ilal?le. A.lan:lgsn~ent 3gret's 10 2il.e ~hit-t?. I 30) il;i>; notji'c prior to thc scliedulrd ti~o\.e. 1t'Kc.sidrnt retitses Lo mi)\.c. 01. if no illlit t~fapp~.opsiate sizc bccclmes a\.ailable during tlie current lease tertn. Resicletir \ \ - i l l be I-cquired t o u c a r e thc prc~~ject.
3. He gcner:~ll>. capable of self~naintenance. tir the extcnt !11;11 [his r e q ~ ~ i r e ~ i i e ~ ~ t is :lot in 1-ic.)lation of%.J.S..-2 46:s-0.1 and N..l.A.C. i:29-'7.1 and 3.2 Rt.gulatic>ns.
1. Posscss the legal c:ipacir! to ctitt'r into ii le;lsc agl-eenlent. 5. Dc. siglitern yc'at.~: 01';~gt' or O I C ~ C I - .
I\-. TERMINATlOX OF THE .-IGKEEJIENT .AND E\vICTIO\
.4. TEIXMINATION BY %IANAGEh~lENT: h.fanagei~irilt ma!- ~erminatc the lease agreement < J reasons: for the Folio\\-ill,
I . failure to pay rcnt \~Iic.ii due under the rcrms of this least.. 2. failure ru meet eligi bil it! recluirernents (-,i the prc~~ect . 3. failure to cr?mpIy ~ . i t h recertification reyuiremt'iits. 4. transr~lission of false infol-mation rcsarding incorne or other zligibilit~, hctors to
management. - 3. making thlse statements i n thc rental apl?lication. 6. failure to compl>- 1.r-it11 all conditions an3 agreements contained in this lease. 7 . hi lurc t o con ip l~ . \a-it11 occupant!. rules and regulations establislied by hla~~agsment . 8. an!; action or conduct ol'rhc Resicient (;lr ~ i i ~ n i b e r of' Residcnt's household which
disrupts the li\,abilir~- nl'rhr prqiect by beins a clirrct threat to the health or safet!, of ail!; person. \\-llicll inrcrfercs ~ ~ i t l i tlie riglit af any tenant or member to the quiet enioyrnent of the premises and related prcject facilities. or that results in substantial physical damage causing an ad\-ewe financial effect on the prqject or the propert). of otl ier~. EXCEPT' \$-hen such n threat c;ln be remo\,cd b!. appl?-ins, a rci~sonahle accarl:~~lodarion.
9. zidmission to or cc~n\~ictic?ti fill- ~1st.. ;ittciiip~eci ~1st'. po~stfssion. manuf'act~~re. selling. or dist1.ihutio11 of an illtgal ct>ntrc)lled suhstatice h a t : a. is conducted in 01. on the premises h! the Rzsiclent i ~ r someone under the
Resident's contrc>l. b. is allo~j-ecl ~o happen b!. ;I l ious~hold 1~1enlhc.r or gilest because the Resident has
nc.!t taken rcaso~lable steps to pre\.el~r or conln)l such i I lcgnl activit?.: ctr becausc :he Resident has not triketi steps to renii.~\-e tlie 11ousehi)iil member or guest who is conducting thc illq111 acti\.it!-.
Page 5 o f 20
R. ADDITIOS.4L IIE.4SO'VS FOR TEIIMIN~4TlC)Y: ?!la~iagen~ent ma). also teririil~arc the lease agreement for the li)llo\\.ing reasons lisrrd i i i the Ye\\- Jersey El-iction 1an.s:
1 . fail~rre to pa!. relit clue 3116 ~>\virlg 1111dc'r tlit ' least.. 2. corltinuaticln ~ ~ I - ~ i s o r i l e r l ( co~li l l~ct afier :i \\-i.itten ~iotice to ceasc. \vhicli iiisorderl>.
conduct ciestro!~ tlic peace ilund the quiet 01. thc othcr teiunts. 3. cai~sing or ;illi)\\ ing ii~struction. iian~agc.. or i~i,j~rr\ ti:) the apai-tn~ent i)t. apilrtmcnt
ci~niplcts \\.illfull?- 01. throirgli C I . U ~ S ncgligencr. 1. \,iolation of an? re:isi>nablr rules ancl regulations acccpted i n \\-riting by the tenant o r
mads 3 part ol'tht. 1cl;lst. or rental ngrcement at the begirining of' its term. after nritren 110tic't' 10 ce~lse. - >. substa~iti:ll violation or brt.ach of an!- i.sa?;onable cr?\.c.nant.s: or :rgrl-.enlents cnntaineil in this least. nftcr a 1i.ritti.n nnticc to c c : ~ ~ .
6. FL3ilust. to pa!- rent a f t c ~ a \.;did 110tic~~ ti.! iluit and notice r~l'rent incseasc. I'hc increase niust ilot be ~ r n c o n s c i o i i l e and milst cornpl>- \\-ith a n - laws or niunicipal orclinance go\-erning rent increases.
7. desire of landlord t o c o m p l ~ i\.ith local or state liotising codes \\-here such co~npliancr rcquires the displacelnent oftenants. blanagenic~it must coniply with New Jersey statutes and regulations go\.erning c.1-ictions iiw this rsason.
8. permanent rm~'o\:al I)!. the Chvncr of tlie apartment building fi-oin residential irse. h4anagernent must cnrnpl:. \\-it11 all stale ancl .Affc~rdable Housing Program regnlations go\..es11ing such relt~oval.
9. retirsal b ~ . tenant to accept reasonable changes in the tcrms or coiiditioris oftlie lease at tlie end of t l ~ e lease term after lia\.ing recei\.ed notice describing changes.
10. termination of empln!;rnent of Resident as super in~ende~~t . janitor or some other uurker %:here the tel ia~~cy \\.as c~iidit i~)l ied 011 c i~ipIoj~ri~ 'el~t by management.
11. coiiviction of an offense undcr the "Comprel~rnsive Drug Reform Act of 1987" involving the use. possession. maiiuf:,icture. dispensing or distribution of a controlled dangerous substance. controlled dangerous substance analog. or drug paraphernaiia i\~'ithin tlic meaning of tliat act \\:ithin ns upon tlie lcased premisils. when the tenant has not either ( 1 ) successtirllq colnple~ed 0 s ( 2 ) been adniitted to and continued upon probation 1s-liile completiny. a drug reliabilirarii~n program.
12. knon.ingl>- harboring on the lensed prcmises a person who lias been convicted of an offense outlined in paragraph 1 1 . above. or permit~ins such a persol] to occup!: those premises for residential purpostts. unless that person is a juvenile.
13. co~ii.iction of an offense invc>l\.ing assault or terroristic threars against tlie 1and.lord. mcmber of the 1andloi.d'~ f'amil~., or an e ~ ~ l p l i ? ~ . e e o f the landlord.
14. lino\\.inyl!. linrlwring or1 the I c a r d pl-emiscs a person who has bccn cc~nvicted of an oflrnsc outlinecl i n paragraph 13. above. 01- pemlitting such a person to occupy those preriiises for residential purpc~scs.
15. cumniission of an oft'ense outlinecl 111 paragl.aplis 1 1 or 13. al.o\.e. or harboring a persnr, who has conitiiitted such an ot'fsnse. \x-liere the person or renani has been found. h- prq?onderanct. ot'tlie i.i.idcnce. liable for. commission of such an offcnse.
. 3C)TIC:E: OF \vIOL.lTIOU: Prier to tc.rmitiation o f the lease agreement. A:lanagement must 1-7ro\'idc Resident \\.it11 n Notice c~f \-'iolatic>n. ['he Uotice 01' Violi~tion \\.ill:
1. tlescl~ibe the. \.iolcltion of the !ease b!, t.rfcnjng to the reltr\,ant pro\.isions of the lease and stating thc natiu-c and t'recluenc!, of'the \,iolation in order to cnable the Kc~idetlt to undcrsrand and corsect the problem. In those cases here thc lease 01- nccupanc>- agree17ietlt \-iolatinn is duc t c ~ ! tlie Rcsiilcnt'?; frlili~rcf to pa!. relit. 10 notice' of \.iolation is rt'q LI i ~.ecl.
2. stat2 tlic Kesidcnr \ \ i l l hc ~ s p e c t r i l rc-) correct the Ie;-ise 1-iolatic~n t7!- n specified date \\-hich shall he ni-, lesh than ten ( 10;1 days f'l-on1 ~ h c . date of tlic 3otice.
3. sLarc that the Rtrsiiietit ni;i! int'clrmall~. 11ic"t't \\-it11 R,,l~~nagement t c ~ atlc'rnpt to resolve' the stated \:iolatioii huti>re tlic date ofcorrecti\.c. actioti specified in the Notice.
4. .4ci\.ist. the Rcsicient that i f lit. or shc has not corrected the st;ited \.iolation by the date speciliecl. h.lanageme~~r ma?. seek to lern~inate the lrnse b?. instituting an action for c\.iction at Ivhich time the Resident ma!. presetit a def'ense.
D. SERVICE OF YOTICE ON RESIDENT: I.lanagemcnt shall szr\-c the Notice bb- sending i t first class mail 10 the Kesid~nt ;it his or her address at the prqiect, or b:- ser\-ing a cop!. o f the noticc on any adult pel-son ans\.vering the door at the dxvelling iinil. or i f ' n o adult ~.csporids. by placing the Notice under 01- thl-ough the door. Service shall no1 be dcemed c.ffccti\.e until either method of notice as described herein has heen accuml?lished. The date o n \i-hich the notice shall be deemeci to be receiired by the Resident shall be the daiz on \I-hich the required first class letter is rnailrtl. or tlie date 011 \\.hich the notice pro\-ided for in this paragraph is properl!. given. i+.hiche\:er method of ser\,ice is used.
E. SOTICE OF TEKMIKATION: 1. Ijpon fail~u-e by rhc. Resident to liizet the ccm.iition(s! or correct tlic \.iaiation(sj stated
in the Notice of Violation b!. tlie dare specified. the Resident \vi11 be notified rhar the occupant!, is tertninated and that c\.iction is being sought through tlie appropriate ,judicial process acccmling to We\\- .\erst.! Ian;. Koticc of Termination w:ill also comply with the notice rec~uiren~ents of Netv Jersey la\\. as statcd in N.J.S.A. 2A: 18-61.1.
2. The Notice of Termination \+-ill stati' the basis for the termination of the Agreement. and ~ f . i l l inclucle the locatinti and r e g ~ ~ l a r oftice hours during which the Resident (or courisel) niay vie\\- its fils and cop! an!.; information it contains to iiid it1 the Resident's defcnse.
3. The Xotice \vi!I be xcc-!mplisliect in the same manncr dcscribcd I'or the >otict o f Violation. so lnng as the nianner ofsclr\-ing the notice sl~all also compl! with the requirement^ i>l'Ne\\. .Ierse?. la\\. h r ser\:itl.g notice of e\ iction.
F. . E\.'ICTION: I t %lanagenlent tcrminatcs the lease asreenlent. l;lanagen~ent sllall haw the sight to repossess the apartnient and cLiuse tlie Resiclent ti! \-acr.tte ~ h s :lprtrtnlent in thc manncr provided h>- the Nc\v .Terse!- E\:ictic?n la\\:s. Ii'riia~lagelne~it is f~rcec! ti) e \ . i c ~ Resident. Resident shall pay 5.la1lagement an!. additional rcnts. ::I1 attnrne!'~ fees. ancl any other expenses incul-I-cd b!. r\ilaiiagauent to thi' cxtetit permitied b:. la\\.
Page 7 of 20
C. PROHIBITED C'OLI,ECTIO& PK.4C'TlC'ES: hjlanagement ma!. not: 1. t. d k., c prnpert! of' Resident and h()lil it as ;I pledge until Resident peribrms at?!.
obligatinn 1l.hic.h \l;tnagement has dstcrtnined has to perform. 2. demand (71- ~ n f . ' i ) r c ~ an agrccnlent h!- Resideill that I,lanagemc.nr ma\.- institute suit
\vj thout ari! notice to lit.siclcnt rh:it suit hits been li led. 3. t.\.ict Resident or szll Rcsiilenr~s possessions \vitliour a legal proceeding. 1. charge Resiilsnt for attosnc\.'s fees or other legal costs it'thcl court iinds i n fa\-ot- of'
Resident.
H. TERM1NA4T1ON BY RESIDENT: Resident may tcrn~inate r l~e lease agrcenlent prior to expiration of' its on? year term \vith thirrl- 1-30) cia!.s ni)~ii.e to h:lanagt.mcnr for- good cause sucli as rno\.ing to another Incarion for eniplq-ment. loss of'job. sei-trc illness. death nf a spouse or. crtlier reasons custolnar? or rnandatoi-J. in the con~m~ulit>. . or after nnti ticarion b ~ . 3lanagemsnt ijf intent lo psepay. If' Resident decides nor to sane\\. the Lease Agreernenr upon expiration of'rhe i)ne year period. Resident must gi\:e notice in \vriting to A-lanagz~nent at least thil-t-!. (30) d a y pr-inr ~o lease termination.
I. IIEMOVAL OF PERSOYAL PROPERTY .AFTER TER.MINAT1ON BY RESIDENT: Resident's tenancy ~vil l he dezliled io conrinuc. e\'en after Resident and Resident's household have persollall\. ceaseil occupant!. \sit11 the intent to vacate and leave the project. until such time as all personal possessions belonging lo Resident liousehold Iia\.t. bet11 rernoved \-oluntarily or b!. legal nieans.
J. CONDEMNATION BY GO\'ERNMENT AUTHORITY: If any part of the apartnient co~uples is condemned by an\; go\:ermlent authorit\-.. then this lease sliall terminate as of the date that possession is taken by the go\-ernmental autliot-it>-.
K. ACCELERATION: If 5~Ianagemsnt is lilrceil to terminate the tease or evict the tenant before the term o f ~ h r lease expires. or i f ' Kesident terminates the lcasc beliwe its term expires without good cause anti ~cirhout proper notice. h.lanagemt.nt shall ha\ t. the right to accelerate the payment of t l~e rent reserved for the balance of the term of the lease and declare said aniount due and payable to klanagement. unless the resident can demonstrate that: ( 1 ) the reason for 1eai.ing mas unlivnblc conditions aniounting to constl-ucti\:e eviction under the In\v of the State of New Jersey, or (2) the landlord has re-rented. Once a unit is re-rented. there is no further c)bligation by the Resident to pay rent iinless the landlord has had to re-rent at a lo\-\.er rental. Management will make reasonable 2ffor.t~ to re-rent at the clu-rent rate.
Page 8 of 20
L. :IR,4XDON3IE3T OF PKOPEK*IY: I ~ ( . I I I 2spiration of'this It.asc \\.here h~lanagcment has refiised for lait ti11 I-casnns to entc'i. illto another icase ivith Resident. or tlpiln la\\.ful temiination of the 1,easi.. tlie Resident shall pron~ptl!. 1-c1110\-e ;ill personal propert!.. It' Resident fails to rt.liio\..e personal property upon r I ) expiration ot'thc lease \t-Iierc h:lrin;igemt.tit has refused f i~ r Ia~vful reasons to enter into another Ieasc or ( 7 1 la\f.ful tcrn?inarioli ot'tht. I.ease. thcn \Ianagenient nia!. consider an!. personal p~-i)pcst!. Icfi l~rtliil~d as at7;ir1d~.)1ic"l i l ' 3~lanagcment noti tics Residelit 01' its intent to treat thc ~ropert!. as ;~banilont.d ancl ad~.i.sc.; Resident ofthe diitc' ~t 'disposal of the Ilrc?pt.rty. Notice h ~ , h,~lanagcriitn~ \v i l l he 17) i n i ~ i l i n ~ iii.,ticr. t o tlic last kno\tn acitlress 01' Rcsidcn: and posting notice on the apartment cloor. Ilisposal or the pt,opert!. iiill he n o sooner than fifteen ( 1 .i) da1.s after the date of mailing and posting the notice. hlanrigt71iit.nt niay mwc the propcrt?- ii-oln tlic apartment ~ ( 1 another location prior to rlic date clt'disposal i n ordcl- to re-rent rlic upal-tn?elit. I t is agreed h!. Resident that h,Iariagcr slial l not be responsible t i jr damage or loss to \.alt.~c ol'sucli propert!- il'hlana~eriient fi>llo\\.s the abo1.e proccdurc.
. USE AXD MAINTE3;1\NCE O F L'NI'T
A. C'SE OF APART3ZENT: 1. Resident sh:tll use and occup!? :he npartrncnt in a clcan anil i\~hnlesomt. manner uncl in
compliance with all applicable go\ crnmental requirements including all public health and police segulations rslating to such use and occupant?. to the fill1 extent prescribed b! lan..
2. Resident shall not engage in any unla\<-fill activities in the apartlnerit or oli the premises of tlie apartment complex. nor shall resident permit i~nlawti~l acti\;itics of: the prsm ises.
3. Reside111 shall not use or operate an!. ecliiipment or ~nacliiner!- that is Iiasmti~l to the apartment or to the apariment cornmunit>. or that i s disturbin$ to (>tiler tenants of the apartment cornmunit!,.
1. Resident may not install a washing machine. clryer or ail- conditioning unit ~vitlioiit prior written appro1:al of hlana, uement. -
3. Rrsiderlt shall not e~nplo?- any person or persons in or about the premises \?;hose e~nploymcnt may hj- law. constitute or create a liabilit!: on tlie part of Management. Resident shall not hire. as Resident-s cmplo!:ec. an>- of I14anagement's ernploj~etts to perform an>- ser-\.ices at the aparmielit cornn~iulit!..
B. DRUG .AND ILLEG.4L .4CTI\'ITl': Resident. h!. c'secuting this lease. agree.; ~ ' i t l i and subscribes to the ti!llon.iny statenlent:
1t is understood that tlic use. ntteinpled use. or possessio~~. nianuijcturt.. snli.. or distribution ili 'an illcpal contr.olleii substance !as defined h!. loc21l. Stare. or Fecle~.al la\vi \v!~ilt. in or on an? past of'this apartment comples coi.yernti\.e is an illegal act. It is further u~~ders tnod that s ~ l c l ~ action is a n~aterial lease \.iola~ion. Such J-iolations ( Iiereinaiter called drug x.iolaric~ns) Ina!. be t.\.idencc.d upon the admission to or conviction of a clnlg ~iola t ion.
\lanagement ma!. rscluiri. an!. Rcsiilc.nt or other adult rner~ibcr of the household occup!.ing tlie irliit (or othcr adult or nitn-adult person o ~ ~ ~ s i d ~ the Iiouscholct n.lir, is sing tlie unit) \vlio commits a ~ l rug \-i(o1ation to [acate the leased unit pcrmanc.ntl!.. n-itliin time fi~umes set b!. 3:Ianagcmcnt and ni)t tllercal'ter enter L I ~ O I I J~ l ; l i i ;~g~ni~n t ' s prt'n~ises or the Resicicnt's unit \\-ithijut rhc X1anagzment.s p r i o ~ con.scnt as a condition ii)r cc>ntiliuc.d occupant!. b!. niernbcrs of tile tenant housr!lold.
5.lanagemc.nt !nay cicn!. consent f i r tntl?. ilnlcss the j?erson ri~ree5 to not commit a drus \.iolation in the. t'utl~rc. iir~cl either is acti\.cl!. piisticipating ill a counseling or seco\:ery program. is conlpl!.ing \\.ith court ordcrs ~ t . l n t ~ i l li) iil.~lg \.iola~ii71i. or 11;l.'; co111pIcte11 r? c ~ i ~ i i ~ t ' l i n ~ or reco\.el?- psogra~n.
A!ana~smc.nt may ~-ecliiire an?. Reside~it to slio\v c\-idence r h a ~ an! non-adult nienit?er of the hi!i~sehold occup!:i~~g that nit. \\ . I Iz) commitred a drug \.ioIatii)n. a g r e r to not commit the drug \.iolation in the future. ancl to 511ijii. c.\.idencr [hat tlie persou either is ncti\,c.ly seeking or receii~ing assistance rl~rough a counseling or rc'ci)\.er!. p~.ogl-i~n~. is c(.!~iil?l!~ing \t.ith coi~st orders selated LO a drug \:iolation. or has complt.tei1 a counseling or reco\.en prograrn M-ithin time frames specified b. Vlanagenient as a condition fix contilii~tict occupancy in the unit. Shoilld n fiirther drug iriolation be committed by all>. non-adult pel-son occiip!-ing tlie unit. Management may I-equire the pel-son to be sc.\,ered fioni tenarlc> as a condition for sontiii~ied occupancy bl- the Resident.
If a person \.acating the anit. as a result of the above policies. is one of'thc signatosies to this lease. the person shall be se\.cred ii-on~ the tenrznc!: and the lcass shall continue anlong an!. other remaining signatories and Management. hlaniigement ma)- also. at its option. permit atlother adult ~iiember of the household to becollie a signator\. to the Icase.
Should any (~l ' tht ' abo\.e pro\:isions guverning a drug \.iolation be foulld to violate an)- ol't11i: laws of the land, the re1n;liiiing cnlbrccnble pr-n\.isiolis shall remain in effect. The pro\pisions set out aboc.e do not supplant snJr rights c ~ S Rc'side111s affbrdeii by la\r-.
C. PRJC'ATE I)\VELLIYC;: Resident shall occupy the apastment fi:w private d\vrliing purposes onl).. On!). tliose occupants listt'ii on this lease may reside with resident M-ithout prior appro\-a1 by Xhangement. Resident shall not gi1.e ~iccommocla~ion to an). roomers or. lodgers.
11, GUESTS: Resident ma!- be permitted to lis\,e guests \.isit his or her Iioi~sehold. FIowe\.er. 3llanagenient reser\.es the right to ~.equest a rccorded declal-ation of domicile or proof of domicile if it is suspec~ed that the guest is an unauthorized hnusehnid occupant. Such suspicion ma\.- arise whene\.er an aclult person is malking rec!ccurrinz \-isits or one conrinuous \-isit of 1 1 da!,s and!or nights in a 45-da! period \\-ithour prior notification of the 3-.1ana~einent. Sh0~11il the Kcsidcnt or person in c!uestion not pso\:ide the I-cquested inli)rmatiorl necded to confirm orlicr dn~liici Ie. or sliould the hc t s be sufticient to c'\,idc.ncc iloniicilc in tllc project. then >:-lan:~geme~lr may consider such personis) a iiiemhcr of t l~c Rc'si~le~lt's I i ~ i ~ ~ c ' l i i ~ l d and mil!. enf(~rcc an!. least' co\.enants slic?\vn to hc broken and 'or rcqilirc i-ecertiticatic~n.
Page 10 of 20
E. RULES ..;\>I) KEGI'LATIOUS: Kcsident shall compl!- \\.it11 a11 ol'the attnchecl rules arid regulations go\-erning the clpartment and the a17artment comrnunit]r. and sliall also comply ~vitli all tlie \,Ianrlge~iient-s changes and additions to [he rules and scgulat ions that are permitted undcr NCM. Jersey State la\?-.
F. ASSI<;S>IEST OR SI'RLE:r\SE: Rrsidcnt shall not assign this Ieasc nor s ~ b l c ' t tlic aparunr.n(.
G . P A R : It'~l11 :15~i~iiei i p : ~ ~ - k i ~ i s space is l,ru\.iiit.~l in cr)n, iun~tic~~i \\-it11 the leas? of the apart1nwt. Krsidrnt ma>- nnl! park i?nc opcr;ltional and lictnsed personal passenscr a~ltomohilc. in each plncc speci ticall:- ilcsignateci. Parking shall be sub.icct t i ) all applicable pro\.isions of'thc lease
H. STORAGE: OF PROPERTY: If Alanagement should provide storage space. Resident's propcrt?. slinll on]?- be stored in tlie space i-tesiynated by bfi~anagcrncnt, ?'his stnsitze spaci: shall he su$iect tu all applicable pro\.isions o1'tllis lease.
I. HARlTARIL,IT\.-: It is the responsibilit!- ol'11ianagerncnt to maintail1 the buildings 2nd all) common ;ireas in a decent. safe. and s a n i t a ~ l condition in accc~)rdanct. \\-ith N e \ \ Jesse!- Housing codes.
J. QUIET ENJOYMENT: I..;pon ticsident p a - i n ~ the rent and performing all of Llie other provisions of this lease, 34anagement agrees that Kesident sliall peacefully. quietly and esclus i~~ely have. hold and c.n,io!. the apartment (luring tlie term ot'this least'. Resident shall h a w all remedies as provided by law for h,lanagement's failure to i1SSUT.c' the Resident's peacct'ul. quiet and esclusivr possession of the apartmen:.
K. NOTICE. O F IK.JCIRIES: In the elrsnt of' an>. i~ljurics to Resident or Resident's fa~njl:.. eilests. or in\.itee or in the event of any dalnage to an!. of their property that is allegedly caused by L.
nesligence of tnaliagc~nent or its agents or c.mplo!.ees. Resident shall pi1.c h,lri~~agement a written notice of the occurrence of the in,jus!, or cianiage withill fi\.e ( 5 ) days of the happening thereof. The written notice shall be deli\ercd to A.lanagement at hlanageinent'e office. or at sucl: an aildress \\:hicli Managemen1 shall Iiereatier furnish in ivriting to the Resident.
L. CO!%DITIO!% OF -4PARTNlENT AND REPAIR BY RESIDENT:
1. CONDITION OF .-IP.-IRT%lENT: Resiilent ac!ino\\~ledges that \,tana~erncnt has made no representation regarding t l ~ e condi~ion 01- state ~>t'r-epnir ot'the apartment except as ssprsssl! set ft>rtli in this lease.
2. I3SPECTION: hlanagernent \ \ i l l psi>\.id? Rc.sidil.nt \\.it11 an apal-tnient in\.cntc.n cliccklist and tlie results of ;in inspection coniplcted h. ~: larage~nt .n t just prior to nio\.e-in b ~ . Resident. Ll'lict? Resident 1-acatcr the u11i1. Vanagcmcnt \I i l l ci>nil7lete auotlier inspecrii!ri and pro\.ide Ki.siilent \i.ith n cop! oi'tlir. rcport. Resident parlicipatt: i l l 1~1th illspections.
Page 1 I of 20
3. A1.1ISTEN.4NCE OF .41'.1KTJIENT: Resident shall tior cause. alln\\- or permit an? uxste. misusc ijl. neglt'ct o f the apartmc.nt 2nd S L I T ~ O L I I I ~ ~ I ~ ~ preniises and shall pa!. for any darnages si) causrd. I.luring rhe ttrtii ol'this 1e;ise. tlle Resiclent shall keep the preniises in good repair- to tllr J i l l 1 ~'s[t'~it presc'l-ibecl b! la\\. and at the expiration of the lease. tlie Kesiiletlt shall return the apartriient to h.lanagi.mcnt in r is gc.rod condition as n.hr.n taken. except fi:w rcasonahlr L I S ~ and \\ear.
4. KESPONSIRILIT\' FOR D A ~ I I I C E C'.AIrSEI) R I ' RESIDENT: I t ' the Rcsident should fail to makc required rcpaii-s kind replacements. [he 3,lanagement or its agents sliall bc notified :lnd lia\.e the right to enter the ~ipartmetit. I\-ithout causing or consti t~~ting a termination of th is lease. and nialie the repairs and replacements. Tlic Resident sllall pa:- the l a \~ - l i~ l e x p c n s e ~ so ~ I I C L I I - ~ C L C ~ i111 the nest e s i s t i n ~ rnontlil!- rental instal Inlent clue date.
NI. ,4C:CESS TO .4P,\RTME\T: \lanagemt.nt ma!. enter the apal.tmi_.nt during! Resident's possessioii thcreol'. in a mnnnes prescribed t-11 la\\.. including a periodic inspection of tlie d~vzlling unit as part of pre\.enti\.c. tnaintznanct. programs relating to the operation of ecl~~ipment. appliances. etc.. and the continuing mairttenaiice nl'tbe premises i n a decent. safe and sanitary manner. Management sliall Iln\.e the right to enter the apartment ~ \ - i t l i i ~ u ~ causing or constituting a tcrtiiination of this lease in order to install a separate nierel- to measure the consumption of heating fucl or other- utilities at the apal-tmeni i11 the event that >.,lanagement shoiild decide ro do so. 3~l;inagemer1t's entries into the premises slial l hc at reasonable tirlies and in tlie manlier prescribed b!. ialv.
N. ALTERATIONS: Resident shall make no alterations. decoration. additions or improvements in or to the apartment or to h.lanagen~ent-s equipment 01. fixtures in tlie apartment or surrounding premises. Resident shall 1701 install an>- lixture or cq~iipment without Management's prior \+-rit ten consent. .~!n:. sucli installation b?- Ixesident \\-ithour hlanagernenr ' s prior written conscnr may be renio~,ed b!. hlanagcn~ent and Resident shall p:i!- h.lanagen~e~it 's cost thereoti on the nest monthly rental installn~r.nt clue clate. In the event tliat Managenlent's v-ritten consent is recei-\.ed. Resident shall cause such work to be di-)iis at such times anii in such a manner as 3;lanagement sliall designate in ~vriting arid Resident shall pay for same in a prompt manner. Any liens filed against the preniises or the apartment cornmunit!, for \vork claimcd to lia\.e been done for niaterials claimed to have been furnished to Resident must be discharged b!, the Resident Ivithin tcn ( 10) days thereafter. 5lanagement shall ha1.e the I-iglir. but not [he obligation.; to pay or discharge an!. such lien. If Manage~nenz should elect to t..;t.rcit;e this right. Resident sl~all pt-oniptl~- pa! h4anagt"ment the amount so expended.
0. D.4MAGE BY FIRE OR OTHER C.ASI_'.%L-TY: If'thc premises are partiall). damagecl by fire or other casualr~. but can be restor-ed to lix-ahlc cc.lnciition. 3jlilanagement shall repair tlie preniises with reasonable speed. T'hc Resident's obligation to pa!. rent slla11 hc suspended cturing the time that the pr'emises I-sniain ii~ili\,able. Il'the premises arc. ~lestro!.t.d h>- fire or other casualt>. 01- if the premises cannot be restored to li\-able condition \+iLhiri a reasonable rinie. eitller party shall have the right to terniina~e this lease h!. \{.sitten notice ti) the ottit'r pan!..
Page 12 of 20
P. lNSliR.4VCE: A~lariagemetit agrees. at its sole expense. to obtain fire and extended co\.eragc insurance c i !~ .e r in~ the b~~ilciinys in the apartment comniuliit!.. 'This tire and estenclcd co\,eragt. insu~unct. \ \ i l l no1 ci)\,rr Ket;idt.nt's pt.rsr?nal property in the apartnicnt or on the g,rounds of the apartmcnl conlple?;.
RESIDEST SHOI'Ll), .\T KESI1)E~YT'S SOI,E ENPE\SE, OBT.4lh FIRE: AND ESTENDEI) C'OI7EKA(;E IhSIyR.ANC E.: C'O\'EIIINC, RESIDE?tT'S PERSOYAl, PROPERT\. Ih THE .4Y4RT\IEUT INI) OY THE (;ROI'NDS OF THE AP. -IUTJIEN C'OjIPLES.
' I . &llSCELI,ANEOIiS PROVISIONS
4. NOTICE: Xotict: shall be gi\.en \\-hen callcil tor in this leasc i n writing h!. senclirlg lirsl-class niail. or clt.li\;c.ring in person. t o the tbllo\ving add~.esses:
1. NOTICE '1.0 RESIDENT: Mark blarason 28-30 Be11 1de1-r Road
Harmon\ I nv, n>l111~. Phlllip~bilr(r. W.1 08865
2. NOTICE TO MAN.AGEMEKT: &OKM'ESCAI'. lnc. c 'o l l a r m o n ~ To\\nsh~p Affordable IHo~1si11g
350 14arshaIl Street I'li~llipsbura. . I t . rse~ US865
Notice shall bz deemed to be received b. tlie Resident or by >,lanagemen1 o n the date on \\hich first-class mail is mailed. on the date on \\.hich a cop! of thc notice is deIi\.cred to Resident or Rlanagemen~ at the aho\,e acldrcsscs.
R. MODIFICr-ITION AND AD,IUSTMENTS TO LEASE: -4s autho~-izcd b!; the Truth in Renting Lan-. h;lanagement shall have tlie right to nlaki. t l ~ c followi1:g adjust~nents i n this lease upon \\~ritten ~iotice to tlie Resident of not less tI1ari th i r t~ . (30) da!.s:
1. Chaliges required b?. federal. state or municipal la\&.. regulation. or ordinanci.. 2. C'l~arlges in SLIIL 'S ~-el;ltir~g ti, the propert!.. including tlic ~~par tment . \\-hich are
requireil ro jvotect the ph.sical Iiealth. sat'et~. or peacefill eri,ioyment of the residents and guests in tlie apartment com~nunit!..
3. Clhanges in r l ~ e amount ot'rent to cover ailditional corrs in operating the rental premises incurred 17)- Llanngenicnt I\-liich ma?. include but are not I imited to increases in properr!. taxes. charges f o r tlie ~le~tricit!. . heatin! fuel. grl3;lgc I-emoval water or sanitar?. sc'\\.er ser\.ici"s consumeci :lt tlic prnperr!. anci increases ill p~.elniutns pniil for liabilit!-. tirc or \I-orker col~~pens:~rii)n insurance.
4. 30 niodiiication nT this lease shall be bindirlg unlcss i n v,.ri~ing signccl h!- the Resident and 17). an atlthi7ri~eil agcnl oI'~~1anagsrnent.
C . SEI7ERABILIT\': lj'an!. pro\-ision ot'rtiis least. slioi~lil be or bt.cc)nlt. in\.alid. such invalidit!. shall not in ail!. wa!- clikct (-11. the other pro\.isions i)l'tliis lr'ase \\-liich sl~all cor~titlire to rsmain in f ~ ~ l l force and effect.
D. \YAlVEK: 11'5-lnnagemcnt shoulil \\.ui\-c :in!- pro\.isions o1'tl.l~ lcasc. i t sliall not be c ~ n s t r ~ ~ c t e c l as a ~+ .a i \ s r o1'a i i ~ t ~ r c ' iolatinn of' such pro\.ision.
E. LI.ABILJTY: 111 rhe c.l,ent that tliis lease is signeil as Rcsident h!. more tlinn onr' pers(>~i. then liability of all persons signing shall be joint and sex-eral. In otlier ~\..nrds. all persons signing shall each be responsible fiv tlie si.11ole amounl of rent or other charges due and on ing 3,lanagemcnt b!. rcason of tlie p~-ovis i~)~is 01'this Iense.
F. TR17TH 1% RENTINC; LAM' A31) OTHER S?'A?'LTTORY PROVISIONS: hlanagznient and Residenr spccificall>~ agree that this lease shall not anci is not intended to violate or Lr-aix~e any of the pro\-isions oit l ie Truth in Renting or an!. of the statutes referred to in the 'l'ruth in Renting.La\v rclating t o fitness and habitabilit~.. securit!. deposits. civil rights. ci\..il ~ igh t s of handicapped persons and consumer protection. If . hou-ever. any ~~rc>\.ision ~7f this lease does. in fact. \-iolatc or n.ai1.i: an!. of the atlo\.e statutes. then such provision shall be null anci \.nid both the other pro\'isions of this lease shall continue to remain in t i l l 1 force and tffcct.
G. REMEDIES XOT EXCLliSIVE: Each and ever?. of the rights. remedies and benefits pros-ided by this lcase shall be cumulative and shall not be exclusive of any other of said rights. renledies and benefits or of an>: other rights. remedies and benetits allowed by law.
H. CAPTIONS: The captions are inserted on]>. as a matter of cons enience.
I. LEASE BINDING: The p ~ o ~ . i s i o n s of this lease shall be binding upon and shall bc for the benefit of R/lanagement and Resident and their respecti\,e successors in inrerest.
J . ADDENDA AND ATTACHMEXTS TO LEASE: All addenda and aitach-nents to this lease agreement are considel-ed t o be a part of said lease and are herein incorporated by reference.
Page 14 of 20
The 01r.ner of record of this apartment comples is:
-fo\s-nsliip of' Harmony ii'nl-ren C'ount>-
.:(.)07 Bt.l\.iclt.rt. Road t'Ilillipst7~1rg. S./ O8S65
(oos 454-7000
The person who is authorized to accept s e n i c e of process in a court action and who serves as the Managing Agent, maintenance and emergency contact pcrson is:
. ~ O I l l l .I Lorp c,o NOR\i~ESC'.\I'. lnc.
35(1 AIal-shrill Street I'hillipsburg. NJ 08865 (908) 45~-7oi10. c\r I 60
Page 15 of 20
I XCKNO\A'LEDGE, receipt ol';~nd. \sh<se npplicablr. t 'xc'c~~tiol~ of tlie follo\ving leasc attaciinie~~ts:
I i r s i d r n ~ ' ~ Sratttn;cni on I:iligibilit! fiult.:, ;mil Kegulation~ ot'tht. apart!ncn~ cc)n~ple>;. Rrsidcnts' sights and ~.c'~po~isibiliti~'.i ~ ~ n d e s die 1ea.w. Inhmnation reg.a~.di!ig pa!.mc.nt of rent. periodic iilspec~ion ol'apartnlcnt units. response 10 rcsidrnt coiiiplaints. projfct scrx ices and thcilitic.~ nx.ailable l o Resident. Office location. h~>urs ancl cnlrrgenc). telephone numbers. If applicable. prqject ncxj-sletrer Citilit>. allvl\-anct. form [.'nit Inspection tC~po1.t Rules CIII Pets ( if applicable I Tenant <irie\.ance Procc.iiurc -.Tc.r~ant Cel.rification."
I ALSO ACKPiO\VLEI)C;E, receipt of thz ?'ruth In Ken~ing Booklet ( a gi~iiie to the rights tind resporlsibilities of residential tenants and lnnitlol-ds in NCM; Jersey).
I N WITNESS WHEREOF, thc parties hereto ha\ e liere~unto set theis hands and seals the da! and >ear first xisitten abo1.s.
MAN AGEMEKT (Lessor)
Witness
.-..., ,: .-.... , -. : '. ! . '
B,.. ... ..&./>'+ ,"J ., I... .-.J',..'-yT,L/ 'j,. ; .-- ! /. It's authoriied agent
:, / : I . , I f.
'
, / 1 ,. ,. : .dr i ,;. . i :/
- ,. ,I & .) ..ti;, :,- ,..\,
,...'' ! {, j' k- ; ,-. !! ; - 2 " ,,, < -
Mark Marason
Co-Resitlent
CONTACT PERSONS 13 EVENT OF DEATH OR DISARIL.ITY
1 unclcrsta~~ci that the decision ro contact r h t al>o\c PE'I.SOJ~ \ \ . i l l 01iI!. be l ~ l i l i i ~ a1il;'s cc,~isulration \\.it11 cc~r~ipc.tenr 111edical ;incl rc.)cial :l~i\,i.;o!.s.
Mark ~ a r a s o n
:+ \ . ... 'i , - - k . .
Emergency Contact Name: - .; ,.' if' . ,.; ,,,it. ,A; ! ,,I ..- ,/ , )I .- .,.. c . . !' ~0
,' ." &..%.. j'
Address: l , "? " / . . - 4 t, . ,. .,, ..I$.; / , j .,.,:{: y ,J
Telephone Yumber:
RESIDENT'S STATEMENT CONCERNING ELIGIBILITY
Hecauss yo11 ;is K e s i d r t ~ ~ \ \ i l l rc;ick in an ;~p:~r-tmcnt pro\'idc..cl by the To\\-nsliil? of' H a t ~ ~ ~ o n ! rlirough its tIlthrd,~blc 1-lousing prugr31ii. ! OLI I ~ ~ L I S ~ sl~bscriht' ti:, the Ibllo\x ins statc'nielit and . o u r signature c.ln this adde~iilum 10 thc' l ~ z i i c ' iliciica~t'?; tliiit !.01 rc':lcl thc: staterlicnt 2nd a g e s to the terms of the statement:
4 . 1 underst31id that I \ . \ i l l no longer bc eligible t\,r occupant! in this prrject if'ni!. income escecds the tnasimu~n aIIo\i able a d j ~ ~ s t e ~ l i l ico~~it ' ;IS cletiiird pc:ric)dically b ~ - tlie C'u~incil on ,Aff;~~-dablc~ 1Ioousitiy for [he State' of'Yi'\\ Jsrsi'!.
B. I asses 1 m ~ ~ s t i~nmcdiately ~ i o ~ i I-j. h-lanagenlent \.j-licn there is a change in nly gross income o r acIji~stment to incc~mt'. 01. when tilere is 3 change in tllc ~~urnht ' r ot'pcrsons living in the household. 1 ~~tiderstancl ni!- rent or bc.nc.fits ma>- be affected as a result of this inhrmat iol~. 7 also ~ ~ n d e r s t a ~ ~ i i that failiirc' ti) I-eport S L I C I I cllangcs 111ay res~ilt in 111)-
losilig benefits to urhich 1 nisp be entitled or ma!. result i l l R,lanagc.ment taking cnrrei.ti\,e action it ' beliefits \\.ere rnistakenl!. recci\.ed. I undcrstanif tlie eorrecti\.c action h,lanagernent may take includes thc initiation of a demand fill- rtpaymcnt of any beneti!~ or rental subsidies improperly rccei\.ed. initiation of a notice to cancel any rental assistance being received f i ~ r the balance of ~ n y certificatiijn period. initiation of a notice 10 increase ni!' nionthly rent or initiation of a notice of termination. 1 understand that one or more of these remcdies m a - be initiated at thc option of M a n a g e n l r ~ ~ ~ .
C . I understand that should 1 receive'occupanc!. bcnefits to \&-tiich I am not cntitlecl due to nq. failure to pro\+& information or clue to incorrect information poi-ided by me on belialt'b!. othet-s. or f o r any otlic'r household member. I tila!. be required to make restitution anti I agree to repay any amounl of benefits ti? \\.hicli I \vas not entitled.
D. I understand that income certification is a requircnient of occupr~nc!. and I agree to pri~i1ptIy pro\.idtl an>- certif<cation: and inconle \-eriiication required by the Owner or hlanagen~ent to permit determina~ion ot'cligibilit> and. when applicable. tlie nlc>nthi~- tenant contl.ibi~tion to he charged.
Mark Marason
Co-Resident
'1'hrTenant herell!- grants prr~nicsic.)n rn tlie l.anr1lord to rcmo1.c a?. autor7ioi~ilt.s parked b ~ . -fenant in parking areah anii the like. i n the ~ ' \ .L" I I I the I.;i~i~lli)~-d ilet'~iis S I I C I I rclnoi.al nrcessnl?. Lo:
3 . protcct the safitl oCthc ott1c.r rrs~dents: b. to rcmoi e garbage: c . t o 51io1i blo\\ or otlicri\ I\e clean or repair the parhiny asca.
i j a l k n a ~ s n l ~ c l the like.
In such exrent Landlord shall not he responsible jbr an), danages done to ~ i l i d chicles iiliile in t l~r process of'rnoking or nhils parked in the r e m o ~ a l locaticm.
Sl~ould such remo\.al he occasioned b ~ . the improper parking of'n irehicle. Tenant asrees to pay to I.,andlord an SSO.00 tou.i~ig charge arid any other related costs to regain possession of said \-ehicle.
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Mark Marason
, .I' . .,
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Date
Litilih. Consent to Release Form
\ r - - - JCP&L (FirstEnergv) Account #: . , 2 : 5 . "' '-' )i' '
.l'lit. account number should he t\\.el\.c ( 12) numbers.
. . , . . & :' ..
1 ( w e ) , . ; ' .. . ;- :' i..-.:;.-;...150 liert.b\. - L ~ i i - t . m! (oi~r t consent to release the requestecf infonnition concerning rn! utilit! usage for tllc past !car t o the l-la~.,non? I ' o ~ i n s h i p ,\ffordable Housing Management c.'o N(I>RWESC.;4P. Inc.
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Mark Marason Co-Tena nt or Authorizer1 Represen t a t i ~ e Signature Signature
Date Date
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c 0 F C x G - C ~ ~ ~ P C L \ r
Y ~ l s -+. ITARMOW TOWNSHIP AFFORDABLE HOUSPJG l P R O G U LEASE A G I P l E E m
NOTICE: NEW JERSEY LAW EST.4EL3SHES RIGHTS AND 0BLIGA.TTONS FOR PARTIES TO RENTAL AGRE-TS, THIS AG- IS REQUlRED TO COMPLY WITH THE TRUTH IN RE?lTNG LAW. 1F YOU HAVE A QUESTION ABOUT THEbIMmRETATION OR LEGALm OF A PROVISION OF THIS AG-NT YOU MAY WANT 70 S E X ASSISTANCE FROM A LAWYER OR OTHER Q U a m PERSON.
P R O ~ ~ T ~ O N AGAXNST DrSCRIMlNATION: The owner is subject to fhe nondisaknbation p2~,vis i01~ o f Tide Vr of the Civil Rights Act of 1964, Title Vm of the Fair Housing Act, Section 504 of the Rehabilitation Act of 1 973, and tlw Age Discrimiaatiion ~ c t of 1975- All cx~q~l&nts of d i m & should be directed to e e Wee of Fair Housing and Equal Opportunity (l3EO) U S m , 26 Federal P k a , Room "332, New Ymk New York 20278 1-800-4964294.
. PART13ES TO THE LEASE: The o m af the apartment compb will, be &erred to as the, "Owner" and the owna's agent will be &led 4CM;ansgemeatn. You will be dled&e "Residentm.
Owner: Harcr~oxxy T o m K p Warren Gouty, NJ Referred to as a&wneg'"in this agreement.
Managing Agent: The Nb~?hwest NJ Comrn~~~iq Action Program, Im- (NORWESCAP, Inc,) Referred to as Waxxager'' in this ageerncat
RENT SCHED-: The owner has established:
A That tfpe rental charged for the unit you will be renting shall bc 30% o f yam monthly income (less allowances for catah liviag expenses'), but any event not to exceed the ~ ~ ~ ~ K U U I L Z grass refit of the unit and
B- That a recertificatimt af your income will be obtained at intervals of not less than one Y- and the r W charged shall be adjusted by fbe Owner or its Manager to reflect income changes shown by recehficatim.
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'-. ELIGJBXLITY WQUIREMIENTS: Eligibility for occupancy of this apar[mmI is limited by 1- r@ations to certain low and/or moderate-income Residents. Prior to execution of this hm,
Resident must provide Mamgment vm-ifications of income and complete an application for housing. AU eligibility and rent requirements are detmnhxl through the "Tenant Certificati~n". By executing this document, Resideat ac)saow].&cs &e x - e d me;s in &is A g e c 1 1 1 ~ and agkees to submit to recertification of incb~ne and eligibility at 1-t on a annual. basis. Residmt agrees to cooperate with this process by providing all requimd incorncs information and further agrees to comply with dl ~eq-tts- Failure to comply with the eligibility detetwination process, crr the provision o f false or misleading ioformation will lead to eviction and possibIe criminal or civiI prosecution.
A This lease a m e n t ("leasen) cammmces on this 1st day of March 2007 , bfdhuefm &e Owner Harmony T o w s h i ~ Warren Countv. N.T and the Resident Erin T R ~ .
aad the Ca-Resident NIA - .- aad will a h i n a t e on the, -29th day of - Febmzuy. v20&g .
B. h consideration of (a) Resident's in Residmr's rental[ application and (b) Residsnt payment of dxe rent and p e f o m c e ofthe other provisiom of the lease, the Owner I- to Retident -Erin Tqlhr . and the CeReident , NIA in the apatment b w as Unit 2832, h ~ t e d at 2830-2834 Belviderc h a d , &axmy ~ ~ 3 Y n s ) r i ~ Wanen Co-mtv. NJ
c. 1. OCCU'PANW The fallowing individuals will, be occupying the apartment;
Name: Date o f Birth RdationshSp Sex ......... .......... - r-.-'-'..' - - r
I 3 - i ~ Tdy ,.. 07- sv . r 8 1 b-,,- 5-1 986 T ~ ~ I E u I ~ , .... 1. i .......... .P-k .... ...- .--... .: I '
I i I I
2. U N A X J T ' H O ~ D PERSONS: No person other than those listed above and their guests may resident in the apartment.
D. 1- RENT GND LATE F'F,ES: During the term of this lease, Resident shall pay as rent $ 398,OO wL& shall be payable in monthly installments of $ 398.00 in advance on the first (I=.) day of each month (the "due dateyy) during ihe tenn of this lease b q h h g with the commencement &ate of this lease. Resident shall pay the full monthly installment of red by cash, check. mmy ordm w certified check made payable to NORWSCAP, hc. LfResidmt does not pay the fkIl momhly instalhent to rent on or before fivt (5) clap &m the due date, the &dent may dso be charged a LATE ,EE of $25, or an mount equal to five percent (5%) ofthe tmrnt's gross tenant contribution, whichever is bigher. 'Repeated late. rental, payments we lease violazioxls and can lead to lease tmnination.
2. UTLITIES: The rent includes the following utilitia: Oil Heat Garh~e, Collection, Water, 8 S e w m e . Mahagemmt agms to provide these services Rasidcnl: is
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. .. --. responsible for paying utiliv charges not included in the rent promptly when due. Fail= to pay - ' utility cbzug~~ when due is a lease Triolation.
E. TERM: This lense shd be for one year b e w i n g the 1st day of Msirch ,2007 . E h Rcsidmt takes pssession. of the apartment prior to thc commencement data ofthis lease,
' Reskbnt s b d pay rP;nt at the rate and in the manner required by this lease and such possession in ;111 other respects shall. be subject to the app1.icable provisions ofthis lease- All subsequent renewal terms shall also be for periods of one year. Thc rmt of each subsequent period of teaancy -11 be smh amount as Managemem may lawfu1Iy establish and resident shall continue to be subject to dl provisions of this Icasc.
F. POSSESSION: h i d & shaU not be entitled to pofsession of the apartment und (a) Resident and Management have signed this lease and @) the prior Resident IWS vacated the a q e e n t and (c) Resident has paid mt for the first month ofthe fease term, secuiQ deposit aid any o&er l a m thargw payable by Resident prior to taking possesion. If the Resident is unable to adce possession at the cornmencement dak of rhe lease because fhe apament is not ready for ~ ~ % U p Q n q y UI because a prim Resident is balding over or because of any c u e bey~nd'Man~1m~'s cdntrol, the 1- tam u4U begin on the first day 4f the f o U o ~ g month provided k t possession can be d & v d to the Residesre by that time. Kgosstsion cannot be delivered by thsi time, either party to 't~s].~shallhave~e@tto~ethisXeay=.
43- RETURNED C!HlWK ClUJ%O.E: R ~ d a I " shall pay management a $25.00 processing charge fbr any check of Resident which is returned becawe of insufficient M 5 5 a closed account or any other similar cause. In the event that Rssident's check is returned became of non-suBcient h d s , a ~ l a e d sccou~t, m m y other simiIar cause, Mamgcment shall have the right w, squire Reddat to pay the max~thly instabene of rent by cash, check, money order, or certified check. Slrch rent shall not be considered paid until it is actually received by Management-
H. RE9El"EWNATION OF RlEN'E Resident understands a d agrees that R&dent may' quest a rakk-on af rent pwsmt to the Affordable ~oushg Prbgam guideha and ~ d a r d s b e d upon any ckanges irr family income, h n 3 y cornp*on and other dig'bility m~*mts. Resident must rqutst a rent redetw~ination whmevm permanat clumps to gross household income or pemment adj-ellts to hom&old income resul~ is an increase of W O O or
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more per month or $480 or more per year, or in a decrease of $20 or more per month or $240 or more pm p. Resident must also notify Management of any c h g e s in househoLd size or composition.
L RECERTIFICATION OF INCOMX: Resident agrees that a d c a t i o n of income shall be made 0 the Mhagemerrt siay (60) days prior to one ye= from the d& of this Itaso provided, however, that in any maat, Resident shall rectxtiQ his or her income upon the execution of any subsequent leas offhe apartment. E&sidsnr understands that yk i l~u re to comply with recdfication
a nqgkernents of the Affbrdable Housing Program, or the .t.t.ansmission of false M m t i o n regarding immb or other eligibility factors can l d to evic.on h m the: apartment complex
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J. RElYT ADJUSTMENT: Resident agrees that the monthly rental paymat is subject to adj-ent by Mhnagement to reflect income changes which are disclosed by any of Resident's recefications and Residant agraes to be b i m d by such adjustment. Management agrees to give fhirty (30) days written natice of any such adjusfment to the Resident, stating the amount of the djusted monthly rental which the Resident will be required to pay- If the Resident refuses moperation with We recertification process, or delays compleuan of the =certification process until afteT thirty (30) days prior to the due date fbr recertificati~n, tenant will be deemed to haw. waived the thirty (50) day notice p a i d fix rent adjustment. In such a case, any rent adjustment will take eEct immediately upon recertification.
SECUfUTrT DEPOSIT: At ~JIC same h e this lease is signed, Resident will deposit $ 711-00 - (not & exceed the mt m net tenant contribution, whichever is grcakr} with Maaa$mmt (Ssecurl@ deposif")cB shall be deposited in a separate account in a Federally immed h h d institution and may be used only for the purpose pamirted under the S d Q Deposit Law of the Sate of New Jmoy (N.J.S.A. 46:8 and NJ.S.A. 2A:6-43 and amendments &@reto] add regulations af the Affordable Rousing Program- Until so use4 the Security lkpsit M I be held in an interest bearing accolmf in mst, fw the Resident. Resident mwst be infomred, in
'writbg, ofthe name and address of the bank ar savings and bm association and the amount ofthe deposa within thirty (30) days &w deposit is received by landlord. Sntaest accrued on the secu5ty dfq~~s i t wiU be made d a b l e to the Resident mw, less a I% handing fie.
Name of FinmcM hstitutidn h which security deposir will be held; PNC, B d . Ros&q S-et Phillipsburg, NJ 08865
The fbt that Managwent holds ttre security dqosjt shall not affect Management's right to obtain possession ofthe ?pmtmmt for non-papmat of rent or fbr any other reasan permitted by h- TO the extent that the security deposit k not qqdied 51 a permitted manner, it shall be returnable to the R e s i h t If Mhagernent assessw charges t6 the s&ty deposit for damage caused by the Rzsidznt, an itemized a c o o u d ~ ~ g for such charges will be presented to Rcsident r.dw the Resident has abandoned the qarhnene and k t bt found.
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JXX. EjCIGI3BIUW FOR RESIDENCE
A- E ] L ~ ~ ~ [ B I L I ~ DETERMINA?IONS: Eligibility d e t e d t i o G s d l be made once each year at the same b e as the mual r e d c a t i o n of income. Resident agrees to 'oppIy all requisite infomatim in order for m&ment to d e a rede~ermination of eligibility p m t to AffordabIe !dousing P r o p m guidelines and stadarb, in.cIuhg, but mt limited to, verification of locome fimn employment aad a&es ~ o w e s , applicant's h c i a l capability to meet living md rexxtal expenses, credit repom7 prior landlord r a c e s , family cmpositiun including names and ages o f W y m ~ b e r s ~d other persqxil b c i a l data Resident and Management w e e that should Resident no longer meet the eligibility requiremats of the projeer during the term of the lease agreemen% Resident will be required to vacate h e uniz within 30 days or at the end of the term of fi~e current lease agreemat (whichever is longer).
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B. E L I G ~ X l L ~ REQUWEMENTS: Resident &dl meet eligibility requiremats pmuant to Affordable Houshg Program sta~dards, including, but not M t e d to:
1. Be a very low, low or moderate income pmon as d&d by the Affordable Homing Brsg=uYL-
2. Comply writla the pmject c~cupa~cy standard established by ihe Owrrer. he project occupancy standard is available for review in the o 6 c e of the project managa. If howeh~ld composition changes so that project occupancy stimbrck are no longer met, Resident agrkts to move to 8 unit of appmpriart size when one is available. Management awes to give &i&y (30) days notice prior to rhe scheduled move. If Resident rekses to move, or if no unit of appropriate size becomes available during the current lease term, Resident will be equked to vacate the project
3- Be genody capable of self maintenance, to the extent that this m m m t is not in ,
violation of N.J-S-A 4618-99 and N.6.A-C. 529-2.1 and 2.2 Regulations 4. Possess the legal c a p e to enter into a Iease agreement. 5. Be eighteen years of age or oldtr.
N. l'ERMMATKON OF THE AGmEmNT AND EVICTION
A- m m A T L O N BY MANAG- Management m y terminate the last agree?xnat for thc: falIowitrg reasons:
1- Mure to pay mt when due under de ' tms ofthis lease. 2. mme to meet eligibility ~qukrnents of the project 3- M w e to cornpip with wcenificarion requirements.. 4. banmission of Mse ~ o d o n regard.int income OX other eligibiliy fhtors to
mmagemt. 5. m- M s e statements in the r e d application. 6. fhdure fo omply with all conditions and agreements contained in this lease.
' 7- fidlure to cmply with otcnpancy d e s imd regphtions es.lablisb:ad by Management. 8- ary action or conduct of the &si-t or member a f Resident's household which
disrupts the h b i l i ~ of tb.e project by b e i i a direct m a t to the health or safety of any person, which i&&kr&s with the right of any tenant or member to the quiet mjoyment ofthe premises and related project facilities, or that resdis in s u b t i a I phydca.1 damage cwshg an adverse h c i a l affect an the project or the gmpmty of oehm, EXCEPT when such a threat can be m o v e d by applying a reasonable - m m a ~ n .
9. ac2misscm to or convictim far use, attempted use, possessign, rnanuf8cma, s d b g , ar ~ b u t i o u of rn illegal controlled subsranee thar a- is conducted in or on the premises by the Resident or someone under the
Resident's control. b. is allowed to b.qpe,n by a hous&oLd member or guest because the ]Resident has
n ~ t taken rrasonable steps to prevent ar control such illegal activity; or because the Resident has not taken steps to remove the househoId member or guest who is conducting the illegal activity.
PO=: Inmc~nf members offhe Resident's Aomehald who me ndt engaged in the illegal aceiry, and who are mt responsible-for conrmI of mocher Rawehald member or guest m q
- .- remain in the dwelling ~ n i t f a n afhem&e eligible h m e h l d remaim or can be farmed] B. Al,DmONAL REASONS FOR TlTJOElNAmON: Management m y also tamhate the lease agreement fm the following reasons Iisted in the New Jersey Eviction laws:
1. fat11.11~ to pay ant due arid owir~g under the lease. 2- continuation of disordaIy conduct aRes a written notice to cease, which disorderly
conduct destroys the peace and the quiet of the other tenants. 3. . causing ox allowing destruction, damage, QI injury to the apartment or qartmmt
complex w W y or throua gross negligence- 4. viollation of any reasonable d m add regulations accepted in writing, by the'tenant or
made a pm of the lease or rental agreement at the beginning of ia krm, a& d t r e n notice to cease.
5. subsrential vialation or breach of my reasonable covenants or agreements wntaincd in ~s lease afler a written wtice to cease.
6. ~ l m ta pay after a valid notice to quit and notice of rent increase. The inaxzae must not be unconsdonable and comply wirb my laws or municipal ordinance governing rant inmww.
7, desire of lanUard to oamply with lmd or state housirg codes where such compI~nce requires the displacement of .tenants. Management must comply with New Jmey stam and regulations gov-g evictios for this reman.
8, pcmnanent removal by the Owner of && apartment building fkom residential use. Mknagemept must comply with all and ,Ufi&le Housing P r o m regulations governing such removal.
9- r e , W by tenant to accept xasonatrk changes in the t m s or conditions ofthe lease at , the end of the l a w having received notice d d b h g chges.
10. te&.tlion of employment of Resident as mperintenden~, j d ~ M some worker w h e ~ the temncy was conditioned on employment by managemeat
11- conviction of an offense under the C 6 C ~ m M a i v e Drug Refcam Act of 1987" 4avolriag the use, possession, rnimuZBcture, dispsmr;& or distribution ofa contmIIed dangexous substancq controW dangerous substance andog, or h g p m + p M a withia the =earring of that act within or upn the leased premises, when h e t-t bas not either (1) sucu%sfi~Uy compl[eted or (2) b m admitted to and continued upan probation while cgmpleting, a dtug rehabMtiltisn program-
12- howZngIy harboring oli the leased premises a person who has been convicted of an oEmse wt].ined in paragraph 11, above, or parmirting such a person to occupy those premises fbr residential purposes, unless that person is a juvenile.
13. conviction of an o&&c involving assault or temridc threats against the laadlord, member of the Imdlard's fkdyl ar aa employee of the landlord
14, howiqgIy hbosing an fh leased pemi,m a gemn who has been wnvicted of an o f f m e outlined in paramh 13, above, or pe- su& a person to occupy h s e premises for residential paposes
15. commission o f an o&mc outlined ia paragraphs 1 .I or 13, above, or habaring a person who bas committed such an, offense, where the person or tmmt has been found., by preponderance of rhe evidence, liable for commission of such an offense-
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, G. NOTICE OF VIOLATION: Prior tu termination of the lease agreement, Management must "' pm~id@ Resident with aNo!.-ice of Violation. Tbt Nodm of Violation will:
1. describe the violation ofthe leasc by referring to TJX relevant previsions of the lzase a d stating the nature and frequency of the violation in order to enable the Resident to m a d and mncct the problem. those cases w h e the lease or occupancy agreement vi~lation k due to the Resident's failure to pay rent, No wtice of violation is required.
2. state: the Resident will be expected to correct the lwse violation by a specified date which shall be no less tb ten (1 0j days from the date of the Notice.
3. state that tht Resident may informally meet with Management to attempt to resolve the
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stated violation before the date of ccmiedve action specified h the Notice. 4. Advise h e Resident that ifhe or she has not cc1-d the stated violation by the date
specified, Management may seek to t&nate the lease by instituting an action for wition at which time the Resident may present a defense.
D- SERVICE OF NOTICE ON WU)mT: Mmagmedt shall serve the Notice @ s h g ,
. it fmt class mail to the Resident at his or her address at the p j ~ or by s&g a copy of the notice m any adult person answering the door at IIIC dwelling unit, or if no adult responds, by p'l- the
a Notice under as through the door_ Service shall not be deemed effective ~m(til. &ex method of notice as described hereia has been acc~mplisheb Tbe date an which fie notice shall be deemed to be received by the hddent shall be the date on whichthe required first class letter i s mailed, or th$ date an which the notice provided fox. Ih this paqpph is Gmperly given, whichever method of service is d
NOTICE CIF T E m A T r Q N : 1. Upon fdlwe by the Residmlt xo meet the condition(s) ar correct the violation(s) stated
in the Notice of Violation by the date specified, thp Rcsidenr 1.41 be notifid that the occupancy i s t d a t o d and that evietioa is being sought ~o~ the qpmpriak judicial process actording to New Jersey law, N~tice of Termination will also comg!y
- with ttre n d c c requirements of New Jersey law as a t e d in N-3.S-A. 2A: 1841.1. 2. The Notice of T-ti~~f will state the basis for the temimrion of the ,@reem* -
add will, ht1ude tlie locarion and regular oEce hours during which the Resident (or ~ m e l ) may view its file and copy any informatian it contains to aid in th& Resident's defense.
3- The Notice will be accompIisIred in the same manna descriM.for the Hotice of Violation, so long ai; the manner of serving the notice shall &O comply with the rq=irements of New Jersey law fm s&g notice ofmicti?n.
I[r. EYICTXON: If M-emmt rermin~~tcs the lease agreement, Management Wl have the ~@ to repossess the qaxtment and muse the Resident to vacate the apartment in the manner pmeded by clre New Jersey Evicrim lam, E management is faced to d c t Resident, Resident shall pay Mk@ganat m y additional rm, slt attomy's fees, q d my other expeases i r m e d by M q m a t 10 the extent permitted by law-
L - . G- PROHIBITED COLLECTION PRACTICES: Management may nor: 1. take propem of Residenr and hold it ns a pledge until Resident performs any
obligation which Management bas determined has failed to perfom. 2, . demand or enforce gn agrment by Resident I%& Management may institute suit
without any notice to Resident h t suit has been fiIed, 3- evict Resident or sell Resident's possessi.ons without a lagal pmc&ding 4- charge Resident f ~ r ~ornoy's fses or other legal costs if the court finds in ~ V O T o f
Resident.
TERMTNA'JrXON BY RESIDENT: . Resident may terminate the lease agreement prior ta -
expiation o f its one year term with thirty (30) days n~dce 10 Managmwt hr good cause such as k6;lng to another lamtion i& erhPioPent, loas of job, severe W s , death of a spouse or other reasons cutZomary or mandatory in the cotmmn.iry3 or &ex notihation by Management of intent t o prqjay. If Resident decides not ta.rexlew the Lease Agmemen~ upon expiration of the om year period, Resident must give notice in writing to M~~~ at lmt tAim (30) days prior to base termbation.
I- REMOVAJ, OF PERSIPNU PROPER= ARTER ' P E ~ A ~ O N BY WSrnENZ Resident's tenancy will, be deemed to cunfinue even after Resident ;ind Reside's household have
' p ~ ~ b d y m e d accupanq with the intent to vacate and leave the p m j y until such time as all person4 possessions balongjng to Resident househdd b v e been removed vgIu11tariIy or by legal m m .
3. CODYJEMNATIUN EY GOW-W AUTBOPUTY: H a y part of tfie apment complex is c o d e d by any go-& authority, athe0 this Iease Ml teenate as of the date that possession is taken by the g o v t m ~MzY-
K. ACCIEZEUTZON: If Management is f o n d to term- the lease or evict the tenant b e f m the term ofthe lease expires, or if Resident termhates the lease before its tern expires without good cause arrd without proper notice, Mmagmenz &dl have the right tci accelerate the payment of the r ~ @ ~ c c l fOr the balance o f the term oftbe least ~ d ~ d e c ~ a r ~ said amsunX due and payable to ~~~~k unless the resident can d ~ c ~ n s t r a t e ~ ~ : (1) the msm for leaving was unlivable conditions amomhg to e o ~ c t i v e eviction lmda the law of tbe State dNew Jersey, or (2) the
. hdkrd h re-&cd. Once a unit i s re-rented, there is no fMbm obLigaticm by the Resident to pay mt ~ . C S S the landlord has had to re-rent at a lower. rental. Mbagernent will make reasonable effms to re-~eat at the c m n t rate.
Page 8 of 20
L. ABGIYDOmNT OF PROPERTY: Upon expiration of this Iese where hhmagetneklt il - refused for lawful feaso~s to enter into motha lease Nth ksident, or upan lawful termiuati011 ofthe
Lease, the Resident sh& &mptly remove all persod property. If Resident fails ranom personal p r o m y o n (I) expimtion o f the lease where Mawgement has refkid for Iawful remm to enter into anotbet lease or (2) Irrwful tamhation of the Lease, then Management may consider any pmnal prapcrty left behind as ,abandoned if Man~gment notifies Resident of its inted ta treat the propaty as abandwed a d advisb Resident of the date of disposal o f the pr6pm- Notice by M-mt will be by mailing notice ta the lasrt known address of Resident and posting notice on the qartmeat door. Dkposa1,of the property wil.1 be fro sooner than fifiem C.15) days aRm the date of rnailimg &nd postkg the notice. M-ement may move the prop* &om the apartment to another Xocatim prior to the date of & p d in order to re-rent the apartment. Lt iis agreed by Resident that Managek shall
. . . # .
not be responsible for damage or Ioss m value of such propei& if Managanent f~Uows the above plrocedwr).
V. USE AND li4AXNTENANC.E OF UNI[T
A. USEOFAl'ARTMEm 1, Resident shall wc and occupy the ~artt!ctmZ ia a clean and wholesome manner E& in
compliance with a11 applicable governmwtal requirements kduding dl public health d police regulations relating to such nse and ocmlpancy to &e -1 prascribed by law-
2. Resident shall not emgage in any unlawful activities h the apartment or on the premises of the apartment complex, nor shall residar permit unlawful activities on the pre;mises.
3, Residemi shall not use or operate any equipment or rnacbimy that is harmful to the apammnt or to the apartmmr ccammity or that is disturbing to other of the apartment cammWiQ-
4. Resident may not install a washing machiBe, dryer or air ~onditioning unit without prior witten approval of Management.
5. Resident &dl not ompluy any person ox persons ia or abont the premises whose mploymmt m y by law, musate or create a Iiabfiity on e e part of Management. Resident shall not hire, as Resida~'s aql~yee. any of Mamipemmt's cmployees'to perfom my s d c e s at the apartment comunity.
B. DRUG AND JLLEGAIL ACTIVITY: Resident, by emuting th is lease, agrees with and subscribes tp the followin$ statement:
It is understood hat the use., attempted use, or possessio~ -fartutu& sale, or diskibution of an illegal controIled substance (as &fin.& by local, Staft> or Federal law) while. in or on my pari o f this ap-mt compIa or coopcsative is: an illegal act. It is further mdemobd t b ~ such action is a mataid lase violatian- Such violations (heuinafker called Qlrg violations) may be evidenced upon the admission to or conviction of a drug vi~larion.
Page 9 of 20
M a n a m a t may require any Resident or other adult member of thc household o=up*g the - urirt (or other adult. or nvn-adult person outside the household who is using the wit) who commits a dmg violation to vacate the leased unit pemancntly, within time set by Mataagement and not thereafter enter upon Management's p m W or the Residmt's uTlit witbut the Mta~agement~s prior consent as a condition for continued occupancy by mem bas ,
of the mant hausehold
Managemem may d a y ccrascnt far entry d e s s the; pason agrees to not commit a drug violation in tbe fubre and either is actiively participating in a c~mseling or recmvay pmgrm, is complyhg with cctmL'odws rclated to drug violation, or has completed a c o ~ e I i ~ g or ramvery pro,m
Management may require any Resident to shbw evidence that any mu-add member of the h o d o l d occupying that unit, who commitred a drug violation, agrees to nat commit the drug violation in the future, and to show &dace that the person either is actively seeking or r&vhg &taace thmugh a oolmsehg or m o u e y program, is camplying with coutt orders related to a drug violakq or has completed a counseliag or mxvery psclgram within time .fkaa.es spe&cd by Mamgeme~l: as a condition fix cojntiimd occupancy in the unit Should a Madnzg violation be committed by any non-adult person occupying the unif Mmgemmt may r e e e the person to be severed h m tenancy as s wdiriort for corninned 6ccupancy by tbe &sided
If a person v a d q the unif as a result of the above policies, i s ane ofthe sipatoxies b t h i s 1~ttse, the person shall be severed from the tenancy md the lease shall c u n h e among m y other remaining signaemies and h h n a w t bui-ent may also, at its option, p e d t Wzhcr adult member &%he hcmehuld w become a signatory to the lease.
Should my bfth6 above ~ ~ i o ~ govaziw a drug violation be fbund 14 violate any ofthe law ofthe land, the remaking enfmeable provisions shdil remain ia effect The pmvisiom s d a dove do not supplant any rights of Residents afforded by law.
C. ' PRJYATE DWELLING Rwident shall occupy the apartmerrt for private dwelling ~UQOSBS a&, Only those o c c ~ ~ a n t s listed on this lease may reside wi& resident without prior agproe by Mmagemefd. Ra idat shall not give acco~lfldation tv any momcls a lodgers.
D. GUESTS: Rwiaent may be permitted to have guests visit his or ha. ho&h~~,d. HOW*; h&magemeat reserves the right to quest a recorded declmtion of damidle or pmof o f domicile if it is suspmed tbat the g ~ ~ g u is am unarrthorized household r x q a n t Such &spicicm may arise whenever an adult person is m a k g mwwing visits or one con~uou9 visit of 14 days andh n i & ~ in a 45-day period witbout prior notification of the Management Should the Resident or paon in question mt p~ovidc the requested Womtivn needed to ~onfcrrm otha domicile, or should the fW be sufhcimt to evidence domicile in the project, thea Management may consider such person(s) a member of the Resident's household a d m y enforce any lease wvenants shown to be broken and/or require ~ecdfifation.
E. RULIES AND REGULATIONS: Resident shdI mrqly with all ufthe attached d e s and regulations governing the apartment and the apdment cornunity and shall also comply with a i l the Management's changes and additions to the rules and regulations that are permitted under New Jersey State law-
F. ASSIGGNMENT OR SUELEASE: Resident shalI not assign this lease nor sublet the apaatmcat
G. PARKING: If an assigned parking space is +ovided in conjunction with the lease of rhe apartment, Resident may only park one o p e d o d and licensed personal passwer automobile in cach place spe.cifkdly desig&tted. Parking shaTl be subject to all applicable provisions ofthe lease.
3% STORAGE OF PRO1PER"Y: IT' Management should provide storage space, Resident's papeqy shall, only be stared h the'space designated by hdmagement This storage space shall be subject to all applicable prouisioni of this lease.
I. WITABXLI% B is the responsibility of namagement to maintain the buildings and any comrnm areas in a decent, safe, md sanitary condition in accordance with New Jasey Housitlg cQdes.
J. QIJIET ENJOYMENT: Upon Ftesic?ent paying the rent and perfarming all ofthe ~ t h a pm~&i~ns ofthis lease, Management agrees that. Resident shalt peakefully, quietly &d excl.usivcly have, hold and enjoy the apartment dubng the rerm of this lease, Resident shall have remedies a$ .provided by law fm Max1agemcnt's Mure: rn assure Up: Resibem's peacefd, quiet id exclusive pos&m of .the ipmmt.
K NOTICE 03F ZNJURaES: In the event af any injuries to Resident or Resident's family, . guests, or hvitee or in a e event of any damage to apy of their propwry that is aege&ycauscd by
ne&gence of managexam0 or its agents or &pIayees, Reslideat shall give Management a written n~tice of the act-a of the injury or damage w i f b five (3) d q s of the happening f b e o f . The witten notice shall be delivered to Management at Madagement's o&e, or a? swh an address which %agema &dl herder furnish in writing ta the Resident
L. COMDITION OF APARTMENT AND REPAIR BY R I E J D m :
1. CON1)ITXON OF MAR-NT: Resident acknowledges that Mam%gfz&at h a d@ no repsentation regarding the Condition or state of repair of the a p m - t except as expressly set forth in this lease.
2. IkVSPECTION: Management d provide Resident with an qamncnt hvmtory checklist azld the results of an insptction cdmpletpd by Management just prior to move;-in by mbt. M e n Resident vacates the unit, Management will complete a n o m inspection and pmede Resident wifi a copy of tha repart. Resident may participate in both inspections,
Page ll. of 20 .
i 3- U T E N A N ~ OF APARTM~[~;NT: Residenr shall not cause, allow or permit ;my waste, misuse or neglect of rhe ap-mt and momding praises aab shall pay for any damages so caused. During the 'd of this lease, the RRsident shall keep the premises jn good repair to the N 1 extent prsscnied by law and at the expiratim of the lease, the Resident W reba the apzdrnent to Management in as good condition as when takeq except for reasoaable use and wear.
4.. Rl?SI)ONSUBILl[W FOR DAMAGE CAUSED BY XWSIDZNT: If the Resident should fail to make required repain and replacam& the Manag-t or itr agents shall be w f i e d d ham the right to enter the apartment, without causing or cmtituting a ~ r d M t i o x l of this Lase, and make the rep* and replacements, The Resident shall pay 'the
la* expenses so i acmcd on the next existing m o d y rental instabnent due date.
M. ACCESS TO APARmW: Management may enter the a p m e l l t during Fbsident's pus==ion thereof, in a mmer p~escribed by law, including a periodic hxipection of the dwelling unit as piW of prevc~~tive h - a programs relating to the apedon of equipment, appliances, etc., and the continuing xaahkmmce of the premises in a decent, sde and mnitary m-- -gem- shall have the ri@t ta enta the apartment without cawing or consti-g-a temxl'hon , of this l w b in order to install a separam meter to measure the cdnsumflon of h a g he1 or other d i t i e s at the apartment in the evmt I%& bhnagemat should decide to do so. Management's entries jato the ,pxrnlisei shalI be at reasanable h e s and m the manner prescribed by law.
N. ALWRATIONS: h i h t s h d make no dterations, decoradon, additions or improvm& m or to the apatmenf or to ~ e m m t y s equipment or fk-turm m the apartment or ~ O U I D ~ W premises. Resident shalI not instdl any fixbe or equipment wit%tvut Mmag~nzeat's prim COOS&. M y such instalfation by Resident without Mmagemmt's prior wxitten consent may be removed by A4-ezna.t and Resident shall pay Mmagaent's cost bmzan on the next monthly rental instalfmerlt due date. In the event that Mmagemenf's written consent i s received., Resident shdl cause such work to be done at such times and in such a rn- as Managtlp,at shall desigmte in writing &d Resident shall pay for sma in a prompt manaer- k e y liks i3ed agaimf the premises M the a p m n t c o m d t y for wrk claimed to have been done for mataids claim& to b~ been -shed to Resident mu% be dlschargcd by the Resident withinta~ (1 0) days r h e . m e m e n t shall have the ~ g k but not the obTigatiou ro pay or discharge any such lien. If Mamgemmt should elect ta exercise *is right, Resident MI promptly pay Management the mount SO a p d e d .
0. D M G E BY FlRE OR OTHER CASUALTY; Ifhe premises are partially damaged by f3x or other casualty but m be restored to livable condition, Mhmgemmt shall repair the premises ~6th r-llable speed. The Resident" obIi~ucm to pay rent shall be suspended c h b the time fhat the pm-ses xemain unlivable. If rhe premises are desnoyed by fie OT other casualty or if the premises c w o t be restored to ~iuab1& condition witbin a reasonable time, either party sM have the b&t to h m i ~ a t e this lease by wktm notice to the other party.
Page 12 o f 20
- P- l [ N S W C E : Management w c s , at its sole expense, La obtain fire and extended covemgc - -. -
insurance cov&g the buildhgs in the apartment community. This fire and extended coyexage insttrance will not aver ResideHas persod prop- in the aparrmerrt or oa the grounds of the apartment complex. .
. .. . Plm .. ..
~ S Z D E N T SHOULD, AT Lf, JXESGIETWS SOLE EXPENSE, OBTAIN FIRE.." - -- .
AND EXTENDED COVERAGE M S M C E C Q V E W G RESIDENT'S PJERSOIYAL FROPZRTY IN TBlE AYARmNT AND ON TIFE GROUNDS OF THE APARTMENT COMPLEX
, VT. ~ C E L L A ~ U S PROVTSX03YS
A. NOTI& Na6~% shall be given whcn called los inthis lease in writiag by sending &st-class mail, or delivering in pason, to the following addsesses: ,
1. NOTICE TO RES~EPiT: Erin TuUv 2830-2834 Betvidere b a d
H a n n ~ ~ n s h i p ~ P3Philliasbm~ NJ 08865
2- NOTICE TO MAIevAGEMENT: ' NORWESCAP. hc. OH
550 MarshaJl S- P h i p
N&ce shall be d e d 20 be ~eceived by the Resident or by Managemeat cm the date on wfdch fustc1as.s mail is mailed, on the date on which a copy of the notice is delivered to Resident or Managtimmt at the above addresses.
a MODJFlCA.TI.ON ANID A X , ~ S T M E ~ TO LEASE: ~s auth~ri;.~d by the Truth h R&hg Law, Manqgcmebt sba31 have the rim tcl make the following adjustmtmts ~JI this Iease upon writhen laatice: to the Resident of mt less than ttbtty (30) days:
1. . Changes required by federal? sta-k ar municipal law, regulation, or oKtiaance- 2. Changes in rdss relating ta tk property3 including the apartmq which
requited to protect tbt3 physical health, safety or peaxfil enjoyment of the residents and guests h the apartment wm~niity.
3- Changes in the momt ofrcnt to cover additional. costs i.u opemtbg the mtd premises incurred by ktanagern& which may include but are not limited to incmses in pltdgerty mcs, charges for the electricity, hearing fuel, gatbage r m ~ v a l water Or 5miw sewer s d s s cons~rmd at the property and increases in premiums paid for liability, &e or worker compmation insurance.
4. No rn~acaf ion of this 1- shall be binding unless in writing signed by the Resided ;ind by aa authorized agent of Management.
Page 13 of 20
C. SEWIRABILITB: If any provision of this lease should be or become invalid, such invdidity shall not in any way ilffect of the ofher provisions of this Lease which shall a m h u e to remain id fdl f i r e and effect.
D- WAIVER: If Management should waive any provisios of the lease, it shall nat be cmlmckd as a waiver of a fu-e violation of such p v i s i o a
B. WXLXTY: In the event that ibis Lease is &wed as Resident by more than one peson, then liability o f all pasom sig-nmg shalI be joint and several. In ather words, all persons sigping shall each be responsible for the whole amount o f rent or otha ch-s clue and Management by reason of the pmvisions of this lease.
F. TRUTH lN R E m G LAW AND OTHEX STATUTOR~ PROVISIONS: b g m e n t and Resident spifimlly we+z that t h i s & m e s h . not and is not intended to viokte or waive any of the pmvisbns of the Truth in h t i n g Law or any of the s l a m ref& t o in the Tmth in Rmihg Law relating to fitness and habitability, securi6 deposits, civil rights, ti*[ rim of . hmdicappd persons md consumer protec3tion- IF homer, any provision of this lease dm, in fact, violate ar wdive any of the above stahtrps, tha such provision shd be null and void both the other provisions ofthis lease sbfl mntinue to r e d in MI. form and effect.
G- RE.MEDD3S NOT EXCJLUSm: Each and every ofthe rights, remedies and he f i t s provided by &Is lease shaU be cumulative and shat[ not be exci~ve of any atha of said rights? m m b j e s and benefits or of any otherrights, remedies an4 befits allowed by 1aw, .
L LEASE BMDlNG;: & provisioqs ofthis lease s W be bin- upon and shall be: fir the benefit of Managemmt md Resident and their respective sucoessars in interest.
I
3. G]DDEADA AND ATTACHMENTS T0 LEASE: A11 sddenda and attachments to this lase a@maaa are considmd to be a part of said Iease.and are her& incorporated by refkrace.
K. ]LANDLORD IDENTITY r
The Owner of record of tPlis apartment complex is:
Township of Harmony Wmen County
350 Marshall. Street Pbillipsburg, NJ 06865
(908) 454-7000
T h e person who i e authorized to accept service of process in a court actioh and who serves as the Managhg Agent, mahtemce and emergency camtact persoh is:
John J. Korp c/o NORWESCAP, hc- 350 M M SWet
B ~ p s b u r g h NJ 08865 (908) 454-7000, ext, 160
Page 15 of 20
I ACKNOFrZIEDGE, receipt of and, where applicable, execution of the fblhwidg lease amcbments;
Resident's Statement on Eligibility Rules and -ations of the aparunent c;omplex. Residents' rights and responsibilities m d a the lcese. Momation regadkg payment of rent, periodic inspection ofqmtment response to resident complaints, project services ad facilities available t~
,
Resident. OfPice locatio~, horns arsnrl emergemy telcph~ne numbers. If applicable, project newsletter. UGfiV ~ ~ I Q W ~ ~ C X f ~ ~ m
Uait Znspectio~ Report Rules on Pets (if appllcabIcs) Tenant Grimam? Procedure "Tmmr Certificatiao-"
I ALSO ACKNOWLEDGE, receipt the ~iuth *n~en- B A ~ (a guide to tix '
ri& and responsibili~ia of residemiid tenants and landlordi in New Jersey)- - WffEREOF, the parties h e t o have hmnto set *eir hands and seals the day a d year fixst written above,
MANAGEMENT (L~SSW)
By: Witma
Page 16 of 20
T o n 1 1 r h . z T ~ C I . U
CONTACT PERSONS IN EVENT OF DEAIX OR DISABaITY
I hereby give permission to the Management to contact the folowkg p ~ ~ ~ ( s ) to effect my tm.usfzir to other appropiate h m i q when I am no longer able to make decisions for
. myself or when I am no longer able to care for myself within the facilities m d services . . provided by the q~attment complex:
T udmtand that the deaisian. fo coatact the above perion will only be made after consultation with competent medied and social advisors.
I f i r they name fhe following as pcrsun(s) to contact in the event of my b&:
Telephone Number.
Page 17 of 20
R&SIDENT'S STATEMEWT CONCERNING ELIGXBl;LmY
Because you as Resident Will reside in an apartment provided by the To-p o f ~ ~ o x l y . Affordable Housing through its Housing program, you must subscribe to tlx fo1SoYriag saeEslent and your signature on this addendum to the lease indicates th& you read the StaDement and age to lilt t a m s of the stz&L-neqt:
' A. 1 understand that I will no longer be eligible for occupacy ;in this project if my incc>me exceeds the maximum aI10wabIe adjusted income as defined periodidly by the Council on Affordable Howin8 for the State &New Jersey.
B. I wee IE must immediateIy noti& Map~gement when there is a change in my gross income or Mjustaerrtto home, or when there is a &age in the number of p o r n living in rhe household. I u u d c r s ~ my rent or b e f i t s may be affected as a result of this ~ormatioa- I also mdersmd that faiIurc to report such changes may resuIf in w loshq bendts to which 1 may be entitled or may result in Mwernent t&hg 6omctive adon if benefits ware mbtakerdy &wd I ubdersta&3 the corzactivt a&im Management may take includes the irrifiation of a d e m d fat repayment of any bcm61$ or r d subsidies improply n c ~ v e d , inifidozt of a notice lo cancel any zerrtd assistame being received Em &e Mmce of my c&cation p e x i e initiation of a notice to increase my montbIy rent or initiztion of a nutice of W n a l i o ~ . I r m & M that one or more of Wese remedies r n q be h*tiat& at the aption o f ~ e m e n t .
C- I &tad that s h d d I receive O C C ~ W benefits to which I am rut due to my %1mc to provide MormaIiod or due to incorrect imbrmariun prwided by me 6n b e w b y &em, or for any otbr honsehold member, % m y be nquhd to make rdtution I agree to repay my m~unt o f b@ts to which I was not mtitl.ed.
D. I uademd &at income c d c a t i o n is a requirement of occupancy and 1 agree ta promptly p v i d e any ccrtiSrdons and income W c a t i o n reqrured by the 0- or bhwgaxe~ to p d t demmhation of eiigibiliq and, when applicable, rht monthly tenant cmnttibLtion to be charged. , ec
Page 18 of 20
The Tenant hereby grants pennissiofi to the Landlord to remove any automobiles parked by Tenant in parking areas and the like, in the event the LandIord deems such removaI neceSsary to:
a: prbkqt the safety of the other residents; b. to remove garbage; c. to snow blow or otherkist clem or repair tho parking ana,
walkways and the like.
h such event Landlord shall not be responsible for my- damages done to said vehicles while in the process of moving or while parbred iq the removal location, . ,
Shodd %h removal be o c c a s i d by the improper parking,of a vehicle, Teaant agrees to pay to Landlord an $80.00 towing charge and my other related costs to regain possession o f said vebicIe-
- -
Date
Page 19 of 20
Utility Consent to Release Form
. . ,.. .. . . . , . . . . . ;_ . , a * 1 , JCP&L ~ e ~ ~ ~ ~ t t:, c: :> :.-'.8i$,\':jj F, .:, . . * , . . .I b I I
The accom number should be twdvt: (12) n u n b a ,
I (we), , Do hereby give: my (m) consent to release the requested infixmation concerning my uwty usage fdr the past year to the Nmony T o d i p Affordable Housing .Management d o NORWESCAP, Inc.
Date Date
H.4RMONY TO\:'NSHIP AFFORDABLE HOI-SING PROGRAM LEASE AC;REEMENT
NOTICE: \E\k' SEIISEY I..:\\$' ISS'1':"IjL-1Sf [ES TIICiHl'S :\SLL) C)HLICI.-4~I~IC)\S I'OK PAR'I'IlJS 1'0 RCYTAI. ..4C;REI:>,IEU'T.S. .l'IHlS ,AC;Rl<k;>.IEX.l. 1s lXE:i)[.'lRt:D TO C'Ol.lPI.2J7 \f.I-Fl.l -IbH[-: T R [ 'IF1 I R I I : . 1 . I \ I I O 0 ' ' ' I C)K I.ECiAI~.ITY O F ..I, PKO\,'ISIO> OF: 'I'I.IIS .AGKEt:J-.lEX-I' )'(.)I. 3I.-"i Y1.-.-\\7' 1 0 S E E K ..\SSIS7'.\;'C'FI FROY:I .!I L>1\d7J'ER OR OTHER QCii4LIl'IEI) PERSON.
PKOHIBITIOk AGAINST DISC:KI411U.4TION: -Jhr n\vner is suhjrct to the nondiscrimi!~~ttio~i pro\-isio11s of Title \'I of the Cix-il Rights .Act of 1964. "I'itle VIII o f the Fair Flousing Act. Ssctic~n 504 of the Kehahili~ation .Act of I 973. n l~d the Ape I.)iscrirninatic~n . - k t (:)I' i $175. ,411 complaints ot' discrimination should be cfisected to the Oflice of Fair I-1ou.i;ing anci Equal Oppc~rtunity (F1IF.O) I.iSI-T1.TI. 26 Federal Plaza. Kocxn 3532. Kc\$- Yorl;. Ne\v York 10778 1-800-496-3294.
PARTIES TO THE LEASF,: 'The o\\ncr of the apartmetit conit?les \.$-ill bs rsferrzd to as the "Owner" and the o~vner ' s agent n-ill be callecl "Management". You tvill he called the "Resident"
Owner: Harmon! Tc)n.~lship Warren C'nunt>. NJ Rcferrsd to as "O~vner" in tlils agreement
Managing Agent: The North\\-est %.I (lommunity Action F'rogranl. Inc. (NORWESCPIP, 1nc.i Kcferred to as "Manager" in this agreement.
RENT SCHEDULES: The owner has establishrcl
.A. .l'har the rtlrital charged fbr the iinit >.ou will be renting shall be based 011 3(l0.0 of YOUS month]!; income (less allo\va~ices f01- certain li\:ing expenses). but in an!- e\.eni not to exceed rhe lnas imun~ gross rent of the unit: and
B. J ' h a ~ a ~.eccr-tiiication of !.our income \\. i l l be obtained at intenals of not less than onc year and the rents1 charged shall be adiusted by the Owner or it.; Manager to rcilect income cliarigos shown h!. ~.eccrtitication.
Page 1 o f 20
ELIGIRILITI' REQI.:IRE3IENTS: l~iigibiIit!- 1'0s occiqxinc!. o f this apartment is limited b!. regiila~ions to cestain lo\\ and ~ ) r I ~ O J C ~ I ~ C - i n c o m c Rcsidsnts. I'ricrr to execution ot'lhis 1 . c . a ~ ~ . Resident nus st pro\.iile XIanagcn~enr \-trilic;ltions of' iiici)~~li' ancl co111plete an application for housilig. .All cligihilitj- and rent rc.yiiiri.nie11rs a1.e cietsrniine~l through tlie ".I'enant C'ertificiitio~l". B!. ert'c'ii!ing this document. Resident nckno\\.lc.dges the rental rates in [his .4gret'rnent. and agrees to submit to recertification of income and c.ligihilit!- at least i)tl a annual basis. Resident agrees to cooperate ivith this process bl- pr.o\.iding all rcquircd incnnle infiw!na~ion and tilrrher agretl!; to cc.)mpl! wit11 all I-equiremerit~. I:aiI~~l-e to conll~l! \\-it11 the cligibil it!. dctcrrnination \ > r i > ~ t ' ~ ~ . t-)r ~hrl pro\.ision 01' false (11-
misleadins inIi>~.mation \ \ - i l l Ittail to evictioi~ and ~-u,ssibli. criminal (or ci\.il p r ~ ! s e c ~ ~ t i ~ n .
11. C'ONDITIONS O F T H E \C;KEE>IENT:
4 This lease agl.eement ("lease") comnlenccs 011 this i I Ocmbc'r 3 1 0 6 . bet\veeti the Otvner Harmon, Township Warren C o u n h , NJ and thc.Resident Alison 1-Ierninlr and the C'o-Resiiient and xvill cul~~i inate o n the jl!": cia!. o t ' September 2i) 06 .
B. In cunsideratio~l vl'(,a'j Resident's represcntation i l l f<t.sidcnt's rcntal al~plication and (h ) Resident pa>.ment of thc rent and perfbrmance of the other prc!\,isions i)f the lease. the O\v11er lcascs to Resident Alison Fleniing and the C'o-Resident in the aparr~nenr kno\jrn as Unit 2834. locarsd at 2830-2834 Bcl\-iderc Road. Harmon\; 'To'i\:ilsllip. \4.'arr~1.1 C:ount>:. NJ .
C. 1. OCC'lil' ANCY: The fi-)I lo\\.ing indir~iduals \$.i I 1 l?e occupy in y the t~pal-tment:
hame Date of Birth Relationship Sen
Tenant
Son
Female
ilrlale
2. t'Nil\UTHORIZED PERSONS: Yo pel-so11 other- than tiiose listccl above and their guests ma? residsl~t in the apanmcnt.
D. 1 . REST LATE FEES: T>uri~iy the term ul'tllis leasc. Resident shall pal. as rent S ;i4.00 \\.hic/i shrill be pa!-able in monthlj- insra1lrnt.nt.s ot' S 354.0(.! i ~ i adirance crn the first i l " ! . ) clay of cacli monrh (the --due date") during the tern) of this lease beginning with the comme~lcenient date of this lease. Resident shall pa!. tile t i l l1 lni>nthl!. installment of rent b!- cash. check. mane!. order or certified check made payable ti> KOR\17E:SC'AP. Inc. If Resident does not pa!, the fill1 rnonthlj- installment to rent o n or t?rli>i-e t;\.e i 5 ) cla).s aftcr the d i ~ e date. the resident III;~!. also be clinrgcd a I,.-ITE FEE cif $25. or. an a111(3~liit equal t o fi1.c percelit ( 5 " h ) of' tiit. tenant's gross tenant contl-ibution. \x-hichever is 11iglit.s. Kspcatcd 1:ttc szntal p;i!.mcnl': arc 1c'r::ic \.iolations and can Icad to lease rern~ination.
2. l'TI1,ITIES: The rent includes tlic' fi)llo\\.i~lg utilities: Oil H ~ i i t . (.;arbace Collection. U'ater. cY1. Si.\+.csaee . hlanagement agi-res T i > pso\.iiie these sert-ices Resident is I-espc>nsiblr for pa! ing utilit! charges nol incl udecl in the rent prompt I!. \\-hen due. F.'ailurc to pal- uiiliry charges :4 hen iiuc is ;\ least. \-i~>l;ltio!~.
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E. TERM: 'l'llis least. shall be Lor. O I ~ C >.car besinning the ]'i day of October . 2U()G. If the Resident takes possession of the aparrnlcnt prior tc! the con1mcnccmcnt date ol'this lease. Resident shall ]?a!- rcnt at the rate and in the Inanncr 1.cq11irt.d b!. this lease and such po.sssssion in all other respects sh;lll be subject ro thc applicczt3lc prc)\.isions i!f tliis lease. All subsequent r?nc\val tenns shall also be l?>r periods of one .e;zr. The sent ot'~.acli sitbseiluent periocl of'tenanc!- shall be such amount as \-lanagenlent may la\i.fi~ll>. establish and residenr shall continue to be sutjsct to all pro\.isions of this lease.
I;. POSSESSION: ICeside~it shall no1 be cn~itlecl to p~~sscssion of tlic' ;ip;~rtsnent u11ti1 (;I) Resident 2nd h,lanageluent ha\.t sig~tcd tliis Ieasc and ! 'h) the prior Reside111 has 1-acated rlw apal.tment and (1') Rcsiclent has paid tlle rent l i > r the first 11~11 t l1 of tJit" lease terni. S ~ C L I ~ ~ L ) d t ' p ~ s i ~ and any ot1ie1- lawfui chal-ges payable b>. Rcsident psior to taliing possc'ssio~l. I i thc Iiesiclrr~t is unable to take possession a1 the conlnlencement dati. ot'the ].ease because the apar-tnient is nc.)t read!. ibr occupant).
or becausc a prior Resident is holding over or becai~sct of an?. cai~se be!.ond 3.lanagenirni's ccmtrol. the lease tern1 will begin on the first da!. of the foll(:)~.\.in~ 111ont11 pro\:idscl that possession can bc delivered to tlie Resident by that titi~s. If possession cannot he de1i1.ert.d by that time. either party to this lease shall have the right to terminate tliis least..
G . RETURKED CHECK CHARGE: Resident shall pa)' management a $25.00 processing charge f'or an!. check of Resident M-liich is returned because of insufficient futids. a closed account or any other similar cause. In the event that Residenl's check is I-eturnecl because of nun-sufficient funds, a closed account. or any other similar cause. L4anagement shall ]lave the right to require Resident to pay the n~onthly installnient of rent by cash. check. money orcler. or certified check. Such rent shall not he considered paid until it is actually st.cci\.ed by Managenicnt.
H. REDETERMINATION OF RENT: Residenr understariils and a p e s that Resident may request a redeter~nination @:[rent pursuant to tlie Affordable Housing Program guideiines and standards based upon any cllanges in fanlily incomz. f:lmil>. coinposition and other eligibility requirements. Resident musi request a rent redetermination ~vlienc?\.er perillanent changes to gross household income or- permanent adjustments 10 110~1~t.holii income result in an increase of 540.00 or rnore per mont11 or $480 or- tllore per- >ear. or in a decrease crl: 820 01. more per 111ont11 or $240 or lllore per year. Resident must also notif!- Managenienr of all!. cl~anges in ho~~seliold size or con~positior~.
I. REC:ERTIFICATION O F INCOME: Resident agrees that a recertification of i~lco~nt. sllall be niade to the Management sixt!. (60) days prior to one !-car f ron~ the date of this lease provided. however. that in an>. e\.cnt. Krsiiient shall recertify his or hrr income upon the execution of any subsequent lease of ilie apartment. Resident understand.~ t h a ~ Sai 1 use 10 c o ~ ~ ~ p l y \\-ith recerti ficatinn requirements of tilt Affordable Housing Program. or rhe transmission ot'false illtbrnlation regardins income or other eligibilir). fac~ors can Ieact 10 eviction fi-or11 the a;7artli1ent complex.
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.J. RENT .4DJlrSTMEN-1': Re.;iilt.tit a2rec.t; that the monthl!- rental payment is subject to niiiustnlrnt 3ilanagenlent 1c.r ~ ~ f l e c t i~iconit' changes \iliicli arc. disclosed I?! an!. of Resident's recertifications ar~tl Ri.sident agl-ees to bc b ~ u ~ i c l h! suc l~ a?justn~rnt . h~lanagsnirlrit agrees to gi\.e thirt! ( 3 0 ) da>.s \\.rittrn ~loticc' ol'an!. T L I C I ~ adjiislriient ti) tlie Rcsidc'nt. stating the amount of the a<iiisted rnonthl~. sental n-1:ich the Resident \vill be reilitired l o pa!. i f thc Ke..;idcnt reftsrs cooperation \~ . i th thc reccrtific:itic!n process. (,I. ciel:lys completion of the recrrtification process until nlicr thirt! ( 3 0 ) ila!.~ prior- to thi. clue ilati. ti:^ I-~'CCI-tilicatio!i. te11:int \ + . i l l be dc.srntd to have \\ai\.ed tlie thirt! (;(.I) da>- notice pr~ioi l 1'0r rent :~c l~ j i~s tn l~~ i t . 111 s i~ch ;I c;~;t'. ;:11\. ~.c'nt a i l j ~ t s t ~ n ~ n t \vill tiiki. ~ffc 'c t inl~necliiltel!. upon reccrrilicarion.
K. SECI-RITY TIEPOSIT: .At 111c same ti~lit ' thic: Iensr is; signed. Resic.lcnt \ \ - i l l ilcl~osit $ 854.00 . \+.it11 l.lanagtlment c "scciisit!- dep0sil"i n'hich shall be deposited in a separatc account in a Feilerall~. insureil iinancial institution a ~ i d ma)- br. used or~ly lbr the purpose permitted itnder the Security Deposit I-a\\. (7f thc State ot 'Nc\\- dsrse!. iK.J.S..4. 46:8 and N..I.S..-I. '2A:6-13 and a m e n d n ~ e ~ ~ t s thereto? anil ri.gitlations of'111e Affordable I~lousing 1)rc)graln. l inti1 so used. the Security Ileposir shall be hcicl in an in~erest bear-ing accoilnt. i1-i trust. for the Rcsidcnt. Resident nlust be ilil-ilrmed. in \\.siting. of t h e natiir and address tlie t~ank or sa\.iiigs and lotln association and t l ~ e amount of- the deposit \I-ithin thirt!' f 30) da!.s after deposit is recei\.ad by landlorit. Interest accrued on the security deposit \&.ill be nlade a\.aiIable to the Resident anl~ually. less a I ".I;, handling fee.
Kame of Financial Institittion in \\ hicli s t ~ ~ i ~ i t ! ; deposit \ i . i l t be held: 1°C' Bank Rossilsny Strect I'hillipsburg. N.1 08865
The fact that Management holds the security deposit shall not affect h/lanagrment's right to obtain possessio~l of the apartment for non-pa>.ment of 1.c11t o r for any other reason permit-red b!. la\?.. '1'0 the extent that the security deposit is not applied in a permitted mannei.. it shall be returnable to the Rzsident. Jfh.Ianagement asszsses charges to the securit!. deposit Ibr damage caused by the Resident. an. itemized accourlting h r sacli c11argt.s \vii I b2 presented to Resident ~ ~ n l e s s the Resident has abandoned the apartment and cantlot bc found.
111. ELIGIBI1,ITY FOR RESIDENCE
I. ELIGIBILITY DETERblINATIO!%S: Eligibilit!. determinations will be lnadc once each year at the same time as the annual r ~ c ~ r [ i f i ~ a t i o t i i)f'inc()tl~t'. Jit'sidc'nt agrees to supply all requisite information in c?rdcr feu- managcnient to n1al.r~ a I-cdctern~ination of eligibility pursuant to Affordable Housing Prcyrani uicteiincs and standards. including. but not limited to. verification of incortle fror~l. cr~lplo!.nlent and other sourccs. applicant's linancial crlpabilit!. to meet Ii\.i~ig and rental expenses. credit reports. prior landlord rsferenccs. famil!- cornposirion includinz narncs and ages o l ' f a n ~ i l ~ - members and orhcr personal financial data. Resident and blanclge~nent agree that sl~oiild Resident 110 longer meet tlic cligihility requireinen~s of the project cluring tllc t e r ~ n ol'thr lease agree~ncnt. Resident will be required to \,acate the unit \vitIiiil 3 0 da!.s or at the end of the term of the current lease agreemen1 (w.hichs\~er is longer).
B. ELIGIRIL,lTlr- liE()I.'IREYl\;IENT.Cj: Kcsidcnt shall meet eligibilit>- requirements pursuant to .4t'fi>rdable H C ) L I S ~ I I ~ I'rogram stari~iards. inclucling. but not limited to:
1. Re a ver!. I O N . I o \ I . i)r moderate income pcrsnn as ilcfined b!. the At't'ordable I I o u s i n ~ l'l-ogr2llll.
2. C~)nipl!. \iith [lie pr(!ject occiipilnq. sta~idiiril ~ ~ t i l b l i s h t d b! the Olvner. he pryject occupant!. standarc1 is awilahlr fbr I-ei-ie\v in the ilf'fi~e 0f'tht' pro , )~ct manager. 11' householcl coniposition chiinges so that pri).it'ct occitpancy stantlards art. no longer n l e ~ Resident agrees to Ino\.c to r i unit ~:)t'appropriatc. size nhen one is at-ailable. 3;Ianagcmcnt agrees to gi \e tllirt! !-?I)) iia!-s not~ce prior to the s~hedulc3 IIIO\.C.
If'Rzsiiient reti~ses to mo-\-c. or. it'no unit of'appropriate size becomes a\:ailable ciuring the current lease ~er171. Kesiden~ \ + . i l l be required to \.acate the prc!it.ct.
3. 13e gt.nerali!. capable oi'self maintcnancc. to thc C S I ~ I I I that this rc'cjuireme111 is 11ot in violation oi%..I.S.A 46:8-9._3 ancl N.J..-1.C'. 5:29-2. I and 2.2 Regulations.
4. Possess the legal capacity to enter into a lease agreement. 5. Re eighteen !.ears of age or c?ldc'r.
IV. TERMINATION OF THE. AGKEE%TENT :IND EVTCTION
A. TERh~INATIOS RJ' YI.4N.4CEhTENT: h;lanagement may temlinati' the lease agreernelit for the fi>llowin, reasons:
1. failure to pay rent \\:hen duz unclzr the terms ot'tllis lease. 2. failure to meet eiigibilit). requirements of the project. 3. faiiurtt to coinpl>. \\.it11 recertification r~quiren~t 'nts . 4. trans~nission of iiilse inf(:~rrnation regardii~g income or cxher eligibility factors to
tnanagenien t . - 3. tnakinp false starements in the rental application. 6. failure to comp1~- \\.irh all condiriotis and agresnients contained in this lease. 7. failure to compl:. wit11 c ~ c c u p a ~ ~ . rules and regulations establisiled by Managen~et~t. 8. any action or conduct of ttic Resident c:r member of Resident's liousehoid which
disrupts the li~.al>i lit:- of tile project b\- k i n 2 a direct threat to tlie health or sakt!. of an\- person. which interferes with the right of an!- tenant or n~rmbet- to the quiet e ~ ~ j o y m e n ~ of the pren~ises and related project facilities. or that results in substantial phj,sical damage causing an ad\-erse financial effect on tlie prqiect or the property o f others. EXCEPT \\-hen such a threat can be rerno-\:ed hl- appI!.ing a reasonable accommodati i)~~.
9. adniission to or conviction f i r use. attempted use. possession. manufacture. seIIinl;. or distl-ibution o t' an i liegal cuntrullecl sut~stance that: a. is conduc~ed in or o n the premises b! rlie Resident or someone under the
Resident's control. b. is allon.cd to liappen b ~ . a hoi~seli(~lci mt.mbcl- nr guest because the Resident has
11c1t taken seasonable step:.; to prc\.clit or control such illegal acti\,ity: or because tlic I<ct.'jiile~~t has not taken step.; tn remo\e tlie hoirsehold member or guest. who is cunducting thc illegal actii-I[!..
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13. A1)l)ITIOSAL KE.4SOUS F O R TEK3lIS.4TION: R~lanagemrnt ma!- also termin;tte the lease ayeemelit fhs the tillln\\:ing reasons listed in the Nz\\- Jerse! E\ iction 1an.s:
1. failure to pay rent due and r,~\,ii~s iii~iier tllc Ieasc. 2. contin~~ation o!'disc~rderl!- cond~icr :]tier a \\rittcn ~ioticc t i , cease. ~ v l ~ j c h ilisorderl!.
conduct destro!,s the pe~c t ' iuici ~ l i c cl~l ic t t . ilf the c~tlier rcltrint.5. 3. causins or alln\~.iny dc'struction. damage. 01. ilijur!. to the upat-rn:t.nt or apartnient
cc!rni~lex \ \ . i l l tilll!. or t h ~ i ~ ~ i ~ l l gross ~lc~l igcncr ' . 4. \.iolation o t ' a n ~ . rcason;thle rulcs anil regulations acccptcd in I\-riting h!- the tenant or
niade a part of'tl~c Icase or I-ental agreement at thc beginning ctt'its term. aAcr writtcn notice to cease. -
5 . substantial ~ - i n l a t i i ) ~ ~ ILU- hreach ,.)fan! rsasc~nabls co\.i.nants <>I- agreements contained in this Icasc nl ics a \i ri~tc'n noticc to cc'nsc.
6. faillire to pa! rent afic'r ;I t.:ilicl notice to yuir and notice o f rent increase. The increase miist not be ~incotlscionablc a ~ ~ c i Inilst cornpl!. vitll an!, l a \ n or municipal ordinallce co\-erning rent iricrt.ases. -
7. desire of landlord to conipl> n.ith local or state housing toiles \\here such cornplia~~ce sequi~-es ths displacement of tenants. X l a n a ~ e m r n ~ ~ n ~ ~ s t cornill>. \v i th Yen Jesse! stature.: and rt.gulatiuns go\-erning el ictions for this reason.
8. prrnlanent I-ernctl-a1 b! the O\h-ner of the apartment building from sesiiiential ~ise. hl~tnagernent 111~tst comply \\-it11 all stale 2nd Al'fi,rciable FIousing Program regulations gover-ning such I-etno\,al.
9. reft~sal b?, tenant to accept reasunablz changes in the ternis or conditions of the lease at the end of thc lease tcrni after having I-ecei\-ed notice describing changes.
10. terminat io~~ of cmplo!.ment ol' Residen~ as s~~prrintendent. janitor or some other norker \\-here tlie renaric>. 1j.35 condirioned on ernplo>-menr bj. management.
I I . con\.ictinn of an offense under the '.C'nniprehensi\..c I l r ~ ~ g Reform Act of 1087" involving the use. possession. n ~ a n i ~ f a c t ~ ~ r e . dispensing or distribution of a colltrolled dangerous substance. control1ec;l dangerous substance analog. or drug paraphernalia \%.itliin tlie rnrani~ig of that act within or upon tlic leased premises. \+-hen the tenant has not either ( I j succzsslillly completed or ( 2 ' ) been admitted to and continued upon probation u.liile conlplctillg. a drug rehabilit~ttinn prosram.
12. lino~vinpl!. hasboring on tlic Icaseil preniises a person \vho has been con\-icted of an 07fenl;e nutlinecf i n pal-asrap11 I I . abc!\.c.. or permitting such a pcrson to occup!. those preniises fc7r I-esictential plirp0~t3~. ilnless that persi!n is a J~ivenile.
13. con\ iction csl';~n 01t;'lisc' invol\-ing ~lssai~lt or terroristic thl-eats against the landlord. ~ncmber of thc land lc.)rd's t.amil\.,. or an en~plo! ee o f the landlord.
14. k~ic?\vingl~. harboring on the leased prcmiscs a person \\.ho has becti con\.ictzd of an offense outlined in pal-agraph i 3. ah i j \ .~ . or permitting such a person t o occup!. those prelnises 1L)r resicler~tial purposes.
15. coinmission nl'an ctffetise outlined in paragraphs I 1 or 13. aboie. or harboring a person who 1i;ls cc?nln~ittcd suc11 an offense. \\-liere the person or tenant has heen found. h!. prcpondel-rtnci. o f the c\.idcncc. liable Ibr commission of such an ol't'cnse.
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. NOTICE O F \:'IOL.-\TIO%: Prior to rermina~ion of the leasc agrcen.ie:it. >Ianagzmerit nus st prn\-iclr Kesidtrlt \I-ith a Nc)ticc i)f \.'ic71atic)ii. 'l'lie Y.:oticc' 01'L'iolatinr; \ \ - i l l :
1 . descril3c the \ , io la t io~~ of tlic Icnse b! rel2rring ti) the ~.ele\.ant pro\.isions of t l ~ c ieasc and statit12 tlie nature a11d frequent! of tlic \.iolatintl in order to enable the Kesideiit [CI understand :~nd cosrect tllr problem. In t!iuse cascs \.\.Iierc the least (3.1, ctcct.lpanc! agrrttnierit \,ic!latiorl is due to tlie licsident's failure to p a rent. N o notice of \.iolation is reqi~irecj.
'7 . state Iht. Rc.iiiient \ \ - i l l bc i.xpectt'd 10 correct tlic' Ie~1sc' \.iol3tion b!. ;i specificii date lvhich h a 1 l hc ni) less than ten I 1 i)) ila!.s f'rr.)m the d;~lt' ol'tlic S o ~ i c e .
3. state that thc. Resident ma! inl;!rmall~, meet \\it11 \lanaget-ncnt tu attcrnpt to resnlvc thc' statecl \.iolatioli hi'ft~rc llle date ofcorri'cti\.e action sp~ci1ic.d in thc Noticcl.
1. .-\cl\.ist. the Resident thai it'lie or shc has nor ~ u r r e ~ t c i l the !;tatcd violation I>>- thc date specified. h,lan:igc'~ilc'i~t ma) seek ro tertvincire thc llease 17). instituting an actioli 1br e\.iction at \vIiich time the Resident n13? present a ctefense.
D. SERVICE OF ?('OTIC:E O N KESIDEKT: 3:lanagernent shall szr\.e tlie Noticc b). sending i t tirst class mail to the Resident at his nr her address at the prqject. or by ser\,ing a copy of the notice on an? adult person answering tlie door at tlie d14,elling iulit. or if no adult responds. b>. placing the Notice under or through the door. Ser\.icc shall not be deemed e'f'kcti\..e 111itiI eitller r~ietliod of notice as described herein has bilen ai.complis!led. The daze on i,vl~ich the notice shall be deemed to be secei\.ed by the Resident shall he the date on \\,hich t!ic ri.quircd first class letter is tnailed. or the date 011 ivhicll the notice pro\.ided for it1 this paragraph is properl!. given. v-Iiiche\.cr tnetl-lod of service is uscd.
E. NOTICE OF TERMIN.STION: 1 . IJpo~i failul-t. b?- the Rssidenr to meet tlie conditioncs) or correct t l ~ e \.iulation(s! stated
i ~ i the Notice of \;iolatioll b!. the dare specitieil. thc Resident \\.ill be notified that the occupant!. is terminated and t h a ~ cvictiol~ is beinp sought through the appropriate ,judicial process according tct Ueu. .Terse> la\\.. Notice oul-'ermination M - i l l also comply with the notice reiluiremrn~s of Ne\\. Jersey law as stated iil N.J.S..A. 2A: 18-61.1.
2. The Xotice of Termination \\-ill state the basis for tile tzrmination of the rZgrectncnt. and \\;ill include the Ioca!i011 and regular office hours during which the Resident (or counseli riia!. \-ic\\- its tile and cop>- an! inforniation i t contains to aid in the Rzsidei.ll's (jet'- .- ~ m e .
3. The Xotice lvil! be i l c c ~ ~ ~ ~ p l i s l i c ~ l in the same niannrs described for the hTotice of Violation. so long as the n1annttr of seri-ing tllc notice shall also cc!n;pI> n.ith the requirements of %el\. Jersey la\\- iilr se1-\,ins notice of esictiou.
F. EL-ICTlOfi: If \,lnnagcr.nent 1er17iinatcs the lease agree~ne~it . Vlanagcnicnt s!lall ha\-.= the right to repc3ssess tlic apar-tnient a11i1 C ~ L I S C tlic' Rcsicit'nt tc) \ .;Ic;I[~ ttie apartment in tile nlanner provided bj. the Xe\\ J e r s e ~ E\.icticrn la\.\->. If m;unagcrnrnt is ti~rceil to t.\.ict Resident. Residcnt shall pa!. 34anage1ncnt any additional rents. ail ~-ittorne!.'tc fees. anil ;in?. other expense.: jncurrecl b>- Managelllent to the ilstent permitted b!- Ian-.
Page 7 of 20
C;. PROHIHITED C'OLLIC-TI05 PRAC'TIC'ES: \4anagement rnri?. nor: 1 . takc pr-opi.rr>. c)f Resident and hold it ny a pledge i i i ~ t i l Residen~ prrt'ortns an!.
ol>lipation \\liich Il;una~emc.iir 1135 ilctrrnlincd h~ts failed to pcrfortn. 7 -. demand 01- t.nt;!rcr i111 agreement h!. Kesiilc~it that hlanagcnient ma! i~ is~i tu te suii
u.itllo~it an! notice ti) Kcsiiiznt tlirit suir has bee11 filed. 3. e\.ict Resident or scll Rcsicient's possessiotis \\-ilhout ;I legal proceeding. 1. c h a r ~ e Iiesident for attoi-nr.!"s t ies or other legal costs i l'thc court fiilds in !.a\-or 01'
Resident.
13. TER!VIl?iATIO3 131. RICSIDENT: Kc.siilcnt ma! terlninale the lease agsecmcnt prior to espiration of its one yc.31. term \\ ~ t l i tliirr! (-30) cia!-s noticc t o I\!t:tn:ige~i~cl~l~ li>r good caiisr' SLICII BS
rno\.ing to another locarion fbr emplo!-msnt. loss ofjob. severe illness. deatli of a spouse or other reasons ciistumar\. or mandator!. in the contmunity. or after notification b!, Managel-ueiit of intent to prepay. If Resident decides not to renew tlie Lease Agreement upon expiration o l r l~e one year period. Resident lnust gi\.e notice 111 \\.ritinp to >:lanagt.meti~ at least t11ir.t~. i 3O j days prior t o lease ~ermination.
1. KE%IO\7.AL O F PERSOMAL PROPERT\' : iFTEli TERMINATION BF' RESTDENT: Rsside~ir's renanct will be cieemed to continue e \ en slier Resident ancl Resident's household haye personally crased occupancy M-ith the intent to vncale and Iea\.e the prqject. uritil such timt" as all personal possessions belonging to Kesiilent hc)ust'hold lia\.e been re~nc?\.ecl voluntarily or by legal Illt'alls.
,J. CONDEMNATTOY BY C;O\.'EKY%l.IENT i\C-THORITt : If a n pan o f thc apartrncnt cornple\ IS condemned b> an! go\ ernmrrlt author~t?. then thls lease sllall terminate as of the Jate that possession IS taken b> the go\ rrnniental riutlior~tj
K. ACCELERATION: If Rlanagernent is forced to termiliare t l ~ e lease or zvict the tenant before the term of the lease expires. or if Rrsids~lt terminates the lease before its term espires without good cause and tvithout proper notice. 3;lanagement shall h a w the ~-ipiil to accelel.atz the payment of tlic rent reservcd for tlie balance of the term of'rhc lease and cicciars said amount due and pa:-able to Management. unless tlie resident can demonstrate tliat: ( I :I the reason for lea\,ing Mas unlivable conditio~ls amounting ro constrncti\-e e\-iction under the law of'the State of New Jerse?. or (2) the landlord has re-rented. Once a unit is re-rented. these is no filrtlier obligation by the Resident to pay rent ~lnless tlie landlord has had to re-rent at a l o ~ + . r ~ - rental. h lanage~i icn~ \ \ . i l l make reasona'hle effixts lo re-rent at the currcnt rate.
Page 13 of 20
I . AR.ASDO%>IE3T OF PIIOPERTJ': I 'pon expiration of this lease !\-here 3,Iaiiagernent has refused tor lu\vful reasons to cntt'r into another lsasc \\-ith Resident. or upon latvti~l ternlination of thc L.t.ase. the Resident shal I prolnptl!. rt.nio\.e 21 I personal propert!.. I t ' Resident fails to remo1.e personal property upon ! I ) expiration of the lease \\-here 3.lanagement has rsfiised ti)r la\\rful reasons to enter into another lease or ( 2 i Ia\vfui termination ut'tlie I .ease. then hlanagcn~ent nia): consider an!- personal propcrty leli behind as i~bandoned it'\lanagcrnen~ notitics Resident of its intent to treat ~ h t . propert!; as a"bdorwd dind nil\-iscs Kcsiclcr~~ ot' tllr ciatc' i? 1' di.sposal of' the propert!'. Xotice b!. h:lanagemrnr \ \ i l l bc 1.7 mailins notice to tlir 1 x 1 k n o ~ \ . n address o f fizsiclent and posting notice on the apartment docbr. Ilisposal ol'tlle propt.rt~- \ \ . i l l 1~ n o soonc'~. 131;111 filicrn ( 1 5 ) iin!.s after the clatc r-11'
mailing and posting tht. notice. hlal~agernenr ma!- rno1.t. tlic proper t horn the ayartmenr to another 1ocati01i prior to the datc of'dispi~sal in o r d e ~ to re-sel~t tht ' aparrli7ent. I t is agreed hy Resident tli:it
).Tanager shall riot be responsible for clam:igc. or Ins..; to 1.alut. ai 'sucl~ property- if3,I:in~igemrnt fi-)llo~vs the abo1.e prowd~irt'.
V. L'SE AND M.$IYTENASCE O F I r V T
A. I'SE OF APARTbIENT: 1. Resident shall L I S ~ anti OCCLIP!- the apartment in a clean and v-holesome manner and in
compliance \i.ith all applicable go\.emt-nental requirements including all public llralth and police regulations rclating to sucli use arid occupancy to the full extenr prescribed b> law.
2. Resident shall not engage in an\. ~ ~ n l a ~ v i i ~ l acti\.ities in the apartment or on the premises of the al~artr-nent co~iiplex. ni)r shall resident permit unlawful acti\,ities on the premise .
3. Resident shall not use or operate r3ti~- ecluipn~ient or machiner!; that is harnlfi~l to the apartnieilt or to rhe apartment coni~niinit?~ ilr that is di.';turbing to other tenants of the apartment comniunily.
1. Resident itlay not install a \.s;ashing machine. dryer or ail- conditioning unit ti:ithout p r~or written approlxl of' hlanageriient. -
3. Resident shall noi c.niplo!- an!. person 01. persons in or a b o u ~ the preniises \vliose employment may 13). la\\-. constitute or crcats a liability on the part of hianagenient. Resident shall nor hire. as Resident's eniplq-ee. any of >4anagem~.nt's employees to perforrii any ser\.ices at the apanmcnt communit~. .
B. DRUG AND ILLEGAL ACTIVITY: Resident. by executing this lease. agrees ~vith and subscribes to the fi)llo\ving statement:
It. i s understoi)cl that the use. ~itti.mpted use. i)r ! ~ ~ ) s ~ c s s i o n . ~ ~ i a n ~ ~ f a c t i ~ r c ' . salt". distribution u f a n illegal controlled suhstril~ce (as J ~ f i ~ i c i l b!. local. State. GI. Federal la\+-) ~ ~ l i i l z in or o n any part of this apartment complex or cooperati\-e is an illegal act. It is fill-thcr undesstoocl that such action is a ~natcrial 1tta.ic 1-iolation. Such \-iolatians (licrcinafter called drug violations) ma!, be e\-idencecl upon the admission to or coii\.iction o f a drug violation.
Page 9 of 20
1,lanagctncnt r113!- rcqiiirc ;in!- Kt.:\iiicnt or (.~tlier adlilt member of'tlie householcl nccupc.ing [lie ini it r or otlicl. aiiult 01. non-adult 17t.r-son oil~.c;idc tlie lii>~t';ch~ld i\.Iii? is using tlic u n i ~ ) \vhu comriiits a d r~ ig \.ioia[ioli io \-;lc;ltr' lit' I t i t ~ ~ ~ l i113i t per~tiia~ic'titl!~. \i-ithi11 time frames set h!- \~lat~:~genierit and not tlicrcafter critsr upon Ilanasemcnr's preliiises or thc Rrsident's unit u.ithoi~t tile J-lr~naycrnent's prior consent i ~ s a condition ti,l- ci~ntinued occupant>- b!- n1cnlbt.r~ of the tenani household.
I.l:inagrrnetl~ n i a - iktl>. consent fill- en t ! .~ ~inlcss rlw pcr.sc.)n agrces to not commit n drug vic>lation in tht. tl~ture aricl citlier. is acti\-el!. pal-ticiparing i n n counseling or reco\.t.r!- pr-ograni. is ci)lnpl~-ing \\-ith coiis~ oriiers rc1:lteii to drug ~.iolatiiIn. or 11~1s ~i.,lii]3lt'[iSd a c~ilnselitig or I.CCO\ er!. progralli.
A;lanayement ma). requirc an!. Resident to slio\\. ctvidrncc. that an). non-adult 11.ie11ibei- of the household occup~-ing that unit. \vho cc~mmitted a drug \.iolatic>n. agrees to not conitnit the drily \,iolatioii in tlir titur.e. anii ti! slic-r\i- e\:iitt.nce that the person either is actii.el!' seeking or recei~irig assistance thrc-1ugh a counselitig or rt.cc!\.c.r!- program. IS compl!-ing \vi th court orrlcrs related to ;I drug \,iulatioli. 01- has completed a c.i,unseling 01- secoi.er!. progratii \vithin ti1112 frames specified ty blanagemrt~t as a cc-mdition Ibr continiicd occupancy in the i l l l i t . Should a further drug 1:iolation be cotnniitted b!. an! non-adult perscw c>ccupying the unit. R.lanagement Ilia>: rcquirc the person to be severed f-on1 tenaticy as rt conctition fos continued occupancy by the Residetit.
li'a pcrson \.acatinp the unit. as a result of the at7m.c. policies. is one ~f ' i l i e signa!ories [(I this lease. the person shall bc sc\.ereci from the tenant!. and the lease slial I continue among an>- other re~naining signatories and 3,lanagrnient. Rlanagement ]nay alw). a1 its option. pel:niit another adult member oi'thi. household to beconie a signator-y to tlie lease.
Should any of the above pro\'isions go\ st-t1in2 a drug \,iolation bc t i~und to i.iolate any of the Ia~vs of tlie Irii~d. the remaining eni'orceable pro\.isions shall remain i11 effect. Thc. pro\.isians set out abo1.t. do not sup plan^ an!. rights oi'Ret;idc.nts affbrded b!. law.
C . PRIVATE DIVELLIhG: Rcsiilcnt shall occupy the apartment t'irt- pri\.ate dwelling purposes only. 0111:. those o c c i ~ p a n t ~ listed 011 this lease ma!. I-eside \\:it11 resident without prior approrxl by 3;lanagemrnt. Rcsidc.nt shall not gi\.c accc,mmodatioti ti) any soorners or lodgers.
D, GVESTS: Resident ma!- he pel-tiiitted to I i a i ~ ~uesi . s \.isit Ilis ijr hcr Iiuuschold. I :To~t \~er . ?vIanagemclit reserves the riglit to r~cl i~cs t 3 recurded declaration ot'iiolnicile 01. proof of' domicile if it is suspected tliat the guest is an unautliorized Iir~usehc~ld occilpant. Such suspicion may arisc \\-hene\.er an adult person i s making reoccurring \.isits i,r one continuous \-isit of 14 d a y and/or nights in a 45-da). period without prior. notification of thc h.~lanagcmctit. Sl~ould the Resident or person in q ~ l c s t i ~ n not j3rox.idc thc rc~~i~t 's tecl itifos~~iation needed to confirm other domicile. or sliould the Facts be suf'ficit'nt to e\.iclenct' Joniicile in [lie prc?ject. then hlanageli1enl niay consider such pcrson(j:l a mcniber of the Resident's I~ouseIio!d and ma!. cnforct. ;in!. lease co\.rnanLs sho\vn to be broken andior require recsrtitici- tio on.
Page 10 of 20
E:. K1il.ES .AND KE(;I.'L.ATl<)3S: Resident shall cornpl!. \\-it11 all of tlie attached rules and regulations go1.erning rhe apartment and the apartmenr c o r n n ~ u n i t ~ ~ and shall also c t ~ ~ i p l ~ . \vitIl all the klanage~nzrit's changes and ndiii~ions to t l ~ e n~les and re~ulntions that are permitted under Yew .lerse> State lan..
F. .ASSIC;SMEST OR SL'BLE,-ISE: R e s ~ d e n ~ shrill nor assign this Icnsc. nor sublet thc' a;7artn1c'nt.
C;. PARKIF(;: 11.' an assigncci ~'ai-king spacc is prn\.iclcd i n col~junctic>n \\.it11 the Ieasc oi'the apartmelit. licsident mil!. o1i1~- park one operational ;inti licensecl ~?t.rsc~nal passenger a~~toniobi le in each place ~1?ec'iti~;111~~ dc'signatc'd. Parliil-tg 511:111 IY s ~ ~ b i e c r r ~ ) all i~pplicahlc pr-o\.isions ol'ttle lease.
H. STORAGE OF PROPERTY: If hla~lagenient ..;Iiould prc!\.iile storage space. Tittsidcnt's propert!. shall only bc stol-ed in t l i ~ space designated (3). h~lanagemcnt. This storage sprtcc shall he siibiect to 311 a13plicilble pro\.isions of'this le~ise.
1. HAHITAHI1,ITY: 11 is the responsibilitt. ot'mnnayen~ent ti) mai11tai11 thc buildings and any common areas in 3 decent. sat''. :mil sariitarl- conditic~n in iiccorciance \';it11 Yen. .Terse!. 1 lousing codes.
J . QUIET ENJOYMENT: (..:pot1 Residetit pa>.ing the rent and perfcv-niing all of the other pro\.isions of this lease. 3;1a1iagement agrees that Resident sliall peacefull!;. quiizly and esclusi\.el\. have. hold and enjoy the apartment di~ring the term of this leasc. Rcsidcnt shall Ilavc: all rernedies as provided b!- law fix h~Ianayc.mcnt's fziluri. to assure the Resiclent's peacefill. quiet and erclusi~;e possessior? c)f the apal-tnirn~.
K. NOTICE OF I?iJUHIES: In the event of an!- injuries to Kesident or Keside~~t ' s hniily. guests. or inviree or- in the event of an!. darnage to an!. oftheir property that is alle~edl!: caused b!, negligence of managetiietit or its agents or employees. Resident shall give Management a ~ . r i n e n notice of the txcLirrc'nce of the i~ij~~s!. or damage ~vitliin tix.s ( 5 ) da~rs of ills happening tliereot'. The \+rittsn tloticc shall be dclivercd to 3ranagement at 3;lansgement's office. or at such an actdress which Ma~lagenlelit shall liereafter f i~ r~ i i sh in writing to tlie Resident.
L. CXINDITIOK OF APAKTh'lEST AND REPAIR BY RESIDENT:
1. C;ONDITION OF .AP.4RTMI<.";T: Residtnt ackno~t-ledges that \ ,la~lagen~cnt has made no ~-epresentaiii?n regasding the cccwdition or start. of repair of tlie apartment escept as espressl!, sc't liu-th in this Icasi..
2. INSPEC'TTON: 5.lnnngrl-rienr \\-i I 1 pl-(>\.id~ Resident \\.it11 an a p i l r l n i ~ ~ ~ t in\-enror!. checklist and thi. results <)fan ilis17ection cumpieted b!- Slanagement just prior- to mo1.e-in by Resident. 1i.hr)n Reside111 vacarcs the wiit. h4aiiagen1ent \ \ . i l l cnmplett' another inspection and pro\.idc Resident \\-it11 a cop!- of the report. Resiclent ma!. participate in botli inspections.
3. S-IAlXTEN.-\YCE (.IF .-\PART?.lEST: I<t'sicient sliall IICX enilse. a l l o \ ~ or per~nit nil!. Xvastc. misiise (-1s nt'gli'cr of t l ~ c ~tp~tr-tment a i d s u r r o ~ ~ n ~ i i n g premises and sllall pa!. for ;In!- da111'tgc.s so c ~ ~ u s e d . During tllc term ol'tliis Icnst.. t l ~ c Resident sllrtll keep the prernise~ in goid rcpilir to the full extent p~escr ibc~i b!. I;n\ and at tlic' t.spi~.atic~n c-)t'tlie least.. the Resident shall return the apar.trnent to Management in a, good condition ils \$-hcn takcn. cscept tiv sclasonablc trsc and \i.c'il~-.
4. KESI'OSSIRII,JTY FOR D.~IS'l.-Z(;E Cc41.:SED R \ . KESIL)I*:NT: I f the Itc'sidcnt should ikil to niakt. rccl~lircd stpairs and I-sl!lacernents. the hlanagemcnt i ~ ? ; iigeilts shall be :~otiticd and 12n1.c t l ~ e ~riglir to t i l r t r the ;tp;trttnc.llt. \vitllnut causing or coiistituting a rer~niiiation ol'111is lease. ancl ni;i!ie the rel?;~irs :ind rel?lacttmenrs '1'11~ Resident shall (.?a!. the Ia\vf'ul expenstls so incurred on thr' n c s ~ existing mo~ithl! rental installmr~it clue dale.
1 . .AC:CESS TO AI'ART4lENT: I.lanagernent 1.11a! enter 111c apartrne~it during Kcsidenr's p i ~ s ~ s s i i l n thereat: ir i a inallIisr prescril~ed 1?\ la\\-. ilicluding a periodic inspection ot'the d\~,elling illlit as part of'pre\-entiit. maitltenance proyrauns selating to tlie operation of equiprncnt. a.ppii;i~ices. L ~ I C . . and tile continuing rnainte~lance of thc pren~isrs in a decctit. safe ancl sanitar!. manner. h.lanagernetir shall 1ia1.e tht. riglit to enter the apartment ~\.ithout causing i ~ s constituting a terniination of this lease in order to instsll a separate metei- to ~nek-lsure the consuinption of heating tile1 or other utilities at the :tpart~nrnt in tlis e\.eilt that 3;Ianagenlenr shoi~ld decide to do so. >lanagement's entries into the pi-enlises shall be at rclasonablc tiiucs and in 11id imanllcr prescribed b!. la\\..
3. ALTER-STIONS: Residsnr shall ~ n a k c n o alterations. decoration. additions or in~pro.r.ements in L>I- lo the apartment or to hlanagernent's equipment or fixtures in lhe apartment or surrounding premises. Residelit sllall 1101 install an!. tisture or equipment ~vithout 34anagement's prior writttn consent. An!. sucli installation b!- Resident u.ithout Maiiagement's prior written cnrlsent ~tlay be remo\.ttd b!. hlanage~nent and Resicien~ sllall prt~' 3:Ianagetncnt's cost tllereon oti the next monthly rental install men^ due date. In the e\.ent thar Management's u.ritte11 consent is receivecl. Ra iden t shall cause such ~x-ork t c ~ be done ar such times and in such a Inanner as Management sl~all designate in u-l.riting and Reside111 shall pi?!- for same in a prompt manner. .An>. liens filed against the pren~ises tor thc apartment cornmu~iit>' for ~\:or!i claimeil tn have I7et.11 do11e i c : ~ materials s la in~ed to ha1.e bee11 furnisheci to Resident must be disclias~ed b!. the Resident \x.ithin ten ( 10) days thereafter. Management shall ha1.e tile riyllt. but not the c:lbligatioi~s to pa). or discliarge an? such lien. If Managenlent should elect ti) escrcisc this sight. Rtsidcnt sllall prornptl!. p a 3;lanagzment thc nmouni so espended.
0. D.A%IAC;E BY FIRE OR OTHER C.-\SC.,SLTY: It'the pren~ises arc pal-tiall!- damaged b!. fire or other casualty but cat1 be rcstored to li\.able col~dition. Ylanagcn~ent shall repair the premises \x.ith reasorlable speed. Tlic Resident's obligatio;~ to pa\- rent shall be suspc11dc.d during the time that the prelliises remain unli\.ablt.. I t tlii. premise..; are dt...;rroye~i 17:- firc or ntlicr casrialt!. or if the prc111ist.s cannot be rcstored 10 li\.ahle condition I\-ithin a rcasonablc t imc. citlics part?. sl-iall ha1.e tlie right to terminate this lcctsc by \\.rittc'n notice ti) the other part!-.
Page 12 of 20
P. 1NSITRANC:E: hlanagement agrees. at its sole sspense. to obtain tire and sstended co\.rrase insurance co\.ering the buildings in the apai-tnlent con~nlunit>.. This fire and cstended cowrapc insurance \ \ . i l l nor co\.cr Rrsicient's personal propert!. in the apartment or on the grounds of the aparirnent con~plcs .
RESIDENT SH01TL31), .A?- RES1l)ENT'S SOLE ESPE%SE, OBTAIN FIRE ENTESDED C:O\'EKL4(;E IYSC'KASC'E C:O\'F,KIN(; RESIDENT'S
PERSO3.4L PROPERT\.' IN THE ;.\P.\RT>IENT AN11 ON THE GKOI'NDS OF THE .4P.ART3,lENT C(~l1.IPLE:X.
VI. MISCE LL.43EOti.fi Y KO\TISI ONS
A. YOTlCt~: Notice shall tw gi\-cn u-hen called f c ~ in this lcascr i1.1 \\riling 171. sending first-class ]nail. 01- dslivcring in pel-san. to thc f~l l i ) \ \ . i r~g :sciilrcssrs:
1 . 30-I'IC'E TO RESIDENT: Alison Fle~ning 18-34 Bzl\,ide;e Road
1-1 armon\. '1'o.inshi~. Phi llipsb~irg. N.1 08865
7 -. NOTICE TO MANAGEMEXT: NORMIkSC"4P. Inc. c'(> I-larrnon\- Tow1iship .Afi'nrdable Housing
350 hlarshall Street Phillipsburu,, Ne\\- Jzrset- 08865
Notice shall be deemed to be recei1.c.d by the Resident or b!, Management on the date o n xvhich first-class mail is mailed. on the date on n,hich a cop>- of the notice is deli\.trcd to Resident or Management at the ab9i.e addresses.
13. M0I)IFIC;ITJON AX11 -4I)JL'ST3:IENTS TO LEASE: As a~~thorizt td by the Truth in Re~ltiizg La\?.. hIanagcrncnt shall 11ai.e the right to makc the tbIlo\ving adjustments in this lease up011 u ~ i t t e i ~ notice to the Resident of 11ot less than thirty (30) d a y :
1. Changes required by federal. state or n~unicipal Ian-. regulation. or orclinance. 2. Clianges in rules relating to the propert)-. including the apar-tmcnt. \vliicli are
recluired to protect the ph!.sicul liealth. safet!. nr peacetill el?jo>.mcnt of the residents ancl guests i l l thc aparrn1ent co~iilnunit>.
3. Changes in the amount nt 'rci~t to co\ cr add i t i c~~a l costs in o ~ e r a t i n s the rental premises it~currcd b?. blanagement \\-hich ma). i ~ ~ c l u d e but are not liniited io incrcascs in propel? taxes. charges h r rhe electricit>.. heatilig fuel. garbage removal Jvater or sanita~?. st.n.el- scr\.ice.; consuiucd at thc propert!. and increases in premiums paid for liabilit!-,.fire or \ ~ ( ? r l i ~ i . con~pensa~ion insurance.
4. No mc~ciification ofthis lease sl~all he binding unless in Xsriting signed b> the Resident and by an autl~orizscl agent o f Xlanageine~~t.
Page 13 of 20
C'. SE\'EK.!IBILITY: I t ' an! pro\-i.sion ofthis Icasc sho~~lcl he o r brcomc invalid. such in\-aliclit!. st~all not in an!- \\.a> affect ot'thc o~her pr.i>\.isions i~f' t l i is. lcasr \t.liich sliall continue to remain in full force ancl ct'fcct.
1~). I : It 'h:lana~cmc.~~t sho~~lci \\-cli\r an!- p!.i7\'isions of'ihe Icarr.. i t shall not IT constructed as a \i.ai:-cr o t'a lilt~~rc' \.iolc?tic.)~~ 01' S L I C I I pso\.isi~ii.
E. LIARILIl'\ ': 111 the cwnt thur this Icast. is sisneij as Ke~;iclc'llt t y rnore than one person. then l iabili t\ o f~ i l l persons signing s1i:iIl be joint and sc\.eral. In other Lvords. all pe rs~ns signing shall each be responsible for the \\.hole :irno~int of rent or othc'r ~ I ~ ; I I . ~ I L ' S due and i-)\i.ing Llanagcrntnt by reason of thc pro\,isions of this Icasc.
F. TRI.'TH IN RENTIN(; L.-\\$' .AYN OTHEK ST:\TI'TORJ' I'KOVISIOfiS: 3,lanagrment and Residcnt specilicall>. agree that this lease shall not and is not intended to violate or
an!. of the pro\.isions of the T!-uth in Renting 1-a\.v i:)r ang- of' the statutes setrred to in the Truth in Renting I.-a\.\- relating to fitness ;lncl l~abitabilit>.. sc'curit:. deposits. ci\.il rights. ci1:il rights ot' handjcapped persons ancl consunler protection. If. ho\\-ever. an!. pro\.ision c-!ftllis lease docs. in fact. \.iolate or ti\ e an!. of the abo1.c st:ttutt.s. then such proi:ision shall he null and void both the other pro\-isions of'this Icasr shail cn~ltinue ti! renlain i n ft~ll I ; > I - ~ ~ and rllt'ct.
G. REMEDIES NOT EXCLt:SIVE: Each and e 1 . q of the rights., rcmedies a.nd benefits pl-o\,ided by this lease shall be c~irn~llative and shall not be exclusii,e ot'any other of' said rights. remedies and benefits or of an?. othcr rights. remedies and benetits a1 loxved b!, 1 aik-.
H. C.4PTIONS: The captions ~trc inserted only as a nlatter of'con\ enictnce
I . LEASE BINDING: The pro~isicms ofthis lease shall bc binding upon and shall be ffir the benefit of h,fanagemenr and Kesiderlt and thelr respecti! c: succersors in intercst
.J. ADDENDA A S D ATT.4CHMENTS TO LEASE: All addenda and attachnlents to this li.i~se agreement are considered ti:, be a part ot'saicl lease atid are herein i ~ i c i ~ r p ~ r ~ ~ t e ~ l by seference.
Page I 4 of 20
The Ow.ner of record of this apartment complex is:
The person who is authorized to accept ser\.ice of process in a court action and who series as the Managing Agent. maintenance ancl emergency contact person is:
.lo1111 .I . Kol-17
t i , NORLI'FSC'.Al'. Inc. 350 Marshall Street
Phillipsburg. N.1 OX865 (008) 454-7000. est. 160
Page 15 of 20
I .4CKNO\I'L,EI)~.;E. rectipt ol'anci. \vhcrc. applicable. esecution n i t l x ti>llo\\-ins least' attachments:
Kesidcnt's Sratcn~cnr o n Eligibilir!. Rules and Kc~ulutions ot'thc. apiil.tmc.nt zolnpli .~. Rt.sidcnrs' rights and rt.si?onsibiIities uniirl. r11c lease. I~ifcrrmarion regarding pa~.mt.nt of' rcnt. periodic jnspectinn o t' apartment units. respnnsc 1 0 I-csiilent conlplai~i~s. prcgect sel.;:iccs and facilities a\-ailahlc to Resicletit. Ol'tice 1~7catiorl. 1 1 i j ~ 1 ~ i 2nd cmcrgenc! telephone nii111bcr.s. It'npplicabls. prk?icct nr\vslr~tc'r. 1 ;tilit\- allcr\;;ancc. form I ,-nit Inspection Jiepor~ liules on I'ets (ii'iipplicable! Tenant Cirie\.ance Procedurt. - 'Tenn~~t C'ertification."
I ALSO .1CKiVOWLEDGE, recslpt ol ' t l~c Truth In Renting Booklet ( a guide to the rights and resporlsibilities of residential tenants and land1o1-ds in Yen .Terse!.)
IN WITNESS WHEREOF, the parties hereto 11a~:e hereunto set their 11ands and seals the daj. and year first \i'ritten abo1.e.
MANAC; EMENT (Lessor)
B?.: It's authorized agent
Alison Fleming
~ -
Ca-Resident
CONTACT PERSONS IN EI'ENT OF DEATH OR DISABILITY
1 I~el-eby give permission to the hlanagrrncnt Ii! contact the follo\i.ing person( s ) to zffcct n1~- trstzsfi'r to orlies appropriate housing \5-htl11 I ar-n iiv 1011gcl- able to nlake clecisions f ~ > r ny.self'or \\lic.n J am n o lenses able to c'ilrc' l i?r 111: S C I t'\\.i~liin tlie ticilities and i;c~-i.icrs pi-o\.idcd by rlzc apnr t i i~~n i c a n i ~ i c s :
I understand that tlie decision to contact thc aha\-e pe~-si)~i \ , \ i l l r.ml be made al'rer cont;i~ltatii>n \vilh competent ~nt.dical and soci:11 ad\.isors.
Alison Fleming .'I v'
Co-Residen t
8 '
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.. / Emergency Contact Name: , > . , . , . , , . .. , 1.y : . . . . ; ,, .
Address:
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Page 17 of 20
RESIDENT'S STATEMENT COXCEKNING ELIGIBILITY
Because !.OLI as Kesidcnt 11-ill reside in an apartment proviileil b- the 'l'o\\.nship ot'tIarmon! through its A~fc~rda17It. tlousing plugrani. !.oil nlLl3t sut.scrihc to thr fbll(.)\~.ins statement and your si2natur.c. o n this adciendu~n ro the lease indicates tliiit !-ou rcad the statement and agree to thc telms ol' the statement:
. . A. I understand that I \ \ , i l l no longer he e11glbI~. i t l r cxcup;inc!. in this prc!jecr if ni\. income exceecls the rn:isirnum allo\vablz adjusteci income as c-letined periodically by thc C'uuncil o r 1 :4~f;~rtlablt. I lousing t'i)l. tile Stntr c?t'Kc'\\ Scrsc.!..
B. I agree 1 must imnizcIiatt.l!- notif!- I\.ln~iagc.mi.r~t I\-lien tlisre i s :i change in m!. gross; income or adjustrncrnt to inconle. 01- \\-lien there is ;I change in the number nf persons living in the Iioust.hold. 1 understand nly renL or benetits may be af'fkctcd as a result of this informatjo~:. 1 also ~~ndcrsrand tliat failure to report such changes nlay result in rill- losi~ig benefits to \\;liich I nia? he entitled or tila!. result in hlanagement taking col-recti1.e action it' benetits \\ere mistakenly recei\.ed. I understand the ci~rrecti\.c action 3,lanagernrnt m:t>, lalie includes the initiation o f a dernand for repaj.nisnt of an!- beneilts or rental subsidies i~nproperly recei\-eci, initiarinn of'a noticc to cancel any rental assistance being recei\,ed for the balalice csf my certification period. initiation of a notice LO increase ni:. nionth1~- rent or initiation of a notice of ter~nination. 1 understand tliat one or inore OF these remedies ma. be initiated at the option of' Mana, ~ c ~ i i e n t .
C. I understand that shoulcl I receive c-)ccupanc! bencfjts to \ ~ h i c h I arn not entitled due to in! h i l ~ r e LO pro\;iile int'c,rmatic>n or due to incorrect infostnation ~~roi- . ided b!. me on behalf by others. or thr an)- other hr!useIioicl member. I n?ay be required to make restitution and I agree to repa!- an!. amount of benetits to \\-hich I n.as nor entitled.
D. I ut~derstand rhat income eel-titication is a requirrmcnt of occupanq and I agree to prompfl\' provide ;in>. certifications and inconic \,eritication recluireii by thc O~vncr or h,lanagenicnt to perniit determination of eligihiliry and. \vhen applicr!ble. the monthl!. tenant contribution to be charged.
1
Alison Fleming ., 1
Page 18 of 20
Vehicle Removal Addendum
l 'lit. Tsrlant lirrc..b!- grLrnts pct~nis..;ir!n 10 ~ h c l..ancllor-d 10 remo\-t. a n \ auro1nobi1t.s parked by 'Tenant in parking arc35 and the likt.. i l l the c\.e~lt the 1.andlol-d dce~ns such re~noa;al Ilecsssal? 10:
a . protect thc saf'etj of the otl1i.s ri.\icicnth: b. to rslno\ c. garbage. L'. to S ~ ( X I [:lo\\ or oth~s\ \ ISC clean or repair tlic' parhitlg area.
\ \a lkna\ ,s and thc like.
In suclt eITent Landlord shall not be responsible for an! damages done to said 1.ehicles \!-hile in thc process of moving or \~.hile parlied i l l the re~noval location.
Should such remo\-.a1 be occasioned b ~ . the improper parking of a \,chicle. .I-cna~it agrees to pay to Landlord an S80.00 tov'ing charge and an!: other related costs to regain possessinn of said \.chicle.
, .
Alison Fleming ..-
Date
tau0 J -ray-a roo
NORmSCD, N C . HOUSNG & &ENEY SER VICES 350 Murshabd Street PhlZ!ipsburg, NJ 08865
TO: Elizabeth McKenzie, P.P., P.& FROM: John Korp
RE: Hkmony Tomship Tenant Info. DATE: May 09,2007
Attached please find the tenant i n f i t i o n for the faur AEoadah~e Housing Pro- rental units in Harm~ny Township. Ef I am correct, all of the househoIds Wl within the low or very IQW income limits far their M y size.
Thank you
May 9,2007
RARMONY TOWNSHIP AFBORDABLE HOUSING TENANT INF+ORlMATION
L 2. 283 0 Belvidere Road Phillipsburg, NJ 08865 2 Bedroom Apartment Family of 2 (1 Adult & 1 Child) Gross Income $26,121.00
\l L 3. 2832 Belviclexe Road Phillipsburg, NJ 08865 1 B h m Apartment Family of 1 (I Addt} Oross Income $17,664.00
\ j L 4. 2834Belvidae R o d PhiUipsburg, NJ 08865 2 Bedroom Apartment Family of 2 (1 Adult & 1 Child) Gross Income $19,469.00