vi.The deed restriction for the extended control period shall be filed with the County Clerk.

5.Assisted Living Residence (per N.J.A.C. 5:97-6.11).

a.An assisted living residence is a facility licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining and to assure that assisted living services are available. All or a designated number of apartments in the facility shall be restricted to low- and moderate-income households.

b.The unit of credit shall be the apartment. However, a two-bedroom apartment shall be eligible for two units of credit if it is restricted to two unrelated individuals.

c.A recipient of a Medicaid waiver shall automatically qualify as a low- or moderate-income household.

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