d.
Assisted living units are considered age-restricted housing in a HEFSP and shall be included with the maximum number of units that may be age-restricted.
e.
Low- and moderate-income residents cannot be charged any upfront fees.
f.
The units shall comply with UHAC with the following exceptions:
i.
Affirmative marketing (N.J.A.C. 5:80-26.16); provided that the units are restricted to recipients of Medicaid waivers;
ii.
The deed restriction may be on the facility, rather than individual apartments or rooms;
iii.
Low/moderate income split and affordability average (N.J.A.C. 5:80-26.4); only if all of the affordable units are affordable to households at a maximum of 60 percent of median income; and
g.
Tenant income eligibility (N.J.A.C. 5:80-26.14); up to 80 percent of an applicant’s gross income may be used for rent, food and services based on occupancy type and the affordable unit must receive the same basic services as required by the Agency’s underwriting guidelines and financing policies. The cost of non-housing related services shall not exceed one and two-thirds times the rent established for each unit.
6.
Supportive Housing and Group Homes (per N.J.A.C. 5:97-6.10).
a.
The following provisions shall apply to group homes, residential health care facilities, and supportive shared living housing:
i.
Units are subject to Affirmative Marketing requirements, household certification, and administrative agent oversight; and may, with the approval of the municipal housing liaison and the administrative agent, be leased either by the bedroom or to a single household in the case of multi-bedroom configurations, provided such arrangement is consistent with the Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968).
ii.
Units may, with the approval of the administrative agent, be subject to a master lease by an approved supportive housing operator, provided that all subleases are to be certified supportive housing households and remain fully subject to the affordability controls of this subchapter. Rents for supportive housing units shall not exceed the rent standards established and published by the New Jersey Department of Human Services.
iii.
The unit of credit shall be the bedroom. However, the unit of credit shall be the unit if occupied by a single person or household.
iv.
Housing that is age-restricted shall be included with the maximum number of units that may be age-restricted pursuant to the Act.
v.
Occupancy shall not be restricted to youth under 18 years of age.
vi.
In affordable developments with 20 or more restricted units that are supportive housing, two-bedroom units must compose at least five percent of those restricted units.
vii.
The bedrooms and/or units shall comply with UHAC with the following exceptions: