N.J. Admin. Code § 19:31V-1.21

Current through Register Vol. 56, No. 12, June 17, 2024

Section 19:31V-1.21 - Affordability controls: affirmative marketing

(a) The developer or subsequent owner of an affordable development shall have an affirmative marketing plan that is a regional marketing strategy designed to attract renters regardless of race, religious principles, color, national origin, ancestry, marital or familial status, liability for service in the Armed Forces of the United States, nationality, sex, gender identity or expression, disability, age (except age-restricted units), source of lawful income, or number of children to housing units which are being marketed by a developer or sponsor of affordable housing. The affirmative marketing plan shall also target those potentially eligible persons who are least likely to apply for restricted units in that region. The affirmative marketing plan shall be continuing and cover the period of deed restriction.

(b) The developer or subsequent owner of an affordable development shall comply with the affirmative marketing plan for restricted units.

(c) The affirmative marketing plan shall provide the following information:

1. The name and address of the project;

2. The number of units, including the number of rental units;

3. The rent for rental units;

4. The name of the rental manager;

5. A description of the random selection process that will be used to select occupants of restricted units; and

6. Disclosure of required application fees.

(d) The affirmative marketing plan shall describe the media to be used in advertising and publicizing the availability of units, including restricted units. In developing the plan, the developer or subsequent owner of the affordable development shall consider the use of language translations. The plan shall include the following:

1. The names of specific newspapers of general circulation within the region;

2. The names of specific radio and television stations broadcasting throughout the region;

3. The names of other publications circulated within the region, such as neighborhood oriented weekly newspapers, religious publications, and organizational newsletters;

4. The names of employers throughout the region that will be contacted to post advertisements and distribute flyers regarding the available restricted units;

5. The names of specific community and regional organizations that will aid in soliciting low- and moderate-income household applicants. Such organizations may include non-profit, religious, governmental, fraternal, civic, and other organizations; and

6. Other advertising and outreach efforts to groups that are least likely to be reached by commercial media efforts.

(e) The affirmative marketing process for available restricted units shall begin at least four months prior to expected occupancy. In implementing the affirmative marketing program, the developer or subsequent owner of the affordable development shall undertake all of the following strategies:

1. Publication of one advertisement in a newspaper listed pursuant to (d)1 above;

2. Broadcast of one advertisement by a radio or television station listed above pursuant to (d)2 above;

3. At least one additional regional marketing strategy using one of the sources listed pursuant to (d)3, 4, 5, and 6 above; and

4. Addition of the affordable development to the Agency's New Jersey Housing Resource Center website.

(f) Such advertising and outreach shall take place during the first week of the affirmative marketing program and each month thereafter until all the restricted units have been leased. The advertisement shall include at least the following:

1. The location of the restricted units;

2. Directions to the restricted units;

3. The range of rents for the restricted units;

4. The size, as measured in bedrooms, of the restricted units;

5. The maximum income permitted to qualify for the restricted units;

6. The location of applications for the restricted units;

7. The business hours when interested households may obtain an application for a restricted unit; and

8. Application fees, if any.

(g) Applications for restricted units shall be available in several locations, including, at a minimum, the county administrative building and/or the county library for each county within the housing region; the municipal administrative building(s), and the municipal library in the municipality in which the restricted units are located; and the rental office of the developer or the subsequent owner of the affordable development. Applications shall be mailed to prospective applicants upon request.

N.J. Admin. Code § 19:31V-1.21

Recodified from 19:31-23A.21 56 N.J.R. 807(a), effective 5/6/2024