BRICK TOWNSHIP — The township council approved a resolution at its Tuesday, April 22, meeting to authorize a settlement agreement with the Fair Share Housing Center regarding fourth-round prospective need obligations of affordable housing.
Brick went into mediation with the Fair Share Housing Center on March 28. According to Council Vice President Vince Minichino, both parties agreed that the township’s prospective obligation is 322 units.
“However, we agreed that the number may be further adjusted based on the lack of vacant land as a part of the fourth-round planning process, which requires a consideration of realistic development opportunities based on the availability of developed land within the township,” said Minichino.
New Jersey Builders Association filed a challenge to the complaint on Feb. 27, which was dismissed by the program, as was a challenge filed on Feb. 28 by 975 Burnt Tavern Road LLC, the former location of Anchor Concrete Products. The Fair Share Housing Center filed its challenge to the complaint on Feb. 28.
On March 20, 2024, Gov. Phil Murphy signed into law an amendment to the Fair Housing Act (FHA) requiring the Department of Community Affairs (DCA) to produce non-binding estimates of Fair Share housing obligations on or before Oct. 20, 2024.
The DCA issued a report on Oct. 18, 2024 that reported its estimate of the obligation for all municipalities based upon its interpretation of the standards in the amended FHA.
The DCA report calculated Brick Township’s fourth round (2025 to 2035) obligations as follows: a present need, or rehabilitation obligation, of 149 units and a prospective need, or new construction obligation, of 360 units.
According to the resolution, the amended FHA provides that the DCA report is non-binding, thereby inviting municipalities to demonstrate that the amended FHA would support lower calculations of fourth-round affordable housing obligations.
The amount of affordable housing units the state believes a municipality should have is determined by factors such as average income level, vacant lands owned by the municipality, data from construction permits and more.
The township approved a resolution on Jan. 28, 2025 committing to the DCA’s fourth-round present need obligation of 149 units and a modification of the prospective need obligation to 29 units, based upon the availability of developable vacant land within the township.
On Jan. 30, the township filed a complaint for declaratory judgment under the Fair Housing Act, seeking continued protection and repose in accord with its prior immunity and the Fair Housing Act as amended.
According to the resolution, the township reserves the right to comply with any additional amendments to the FHA that the legislature may enact, and the township and Fair Share Housing Center agree the township’s prospective need may be further adjusted based upon a lack of vacant land pursuant to an adjustment as the fourth round planning process.
The attending council members unanimously approved the resolution as a part of the consent agenda.
FAIR SHARE HOUSING STATISTICS
Under a new, streamlined procedure established by legislation last year, 440 towns adopted resolutions to participate in the state’s fourth-round affordable housing planning process, according to the Fair Share Housing Center. This represents approximately a 25% increase in municipalities participating in the process compared to the third round that began in 2015.
Of the 440 towns that have opted to participate in the state’s affordable housing planning process, Fair Share Housing Center’s analysis found that 372 towns’ affordable housing calculations — 85% of the towns participating — were reasonable and decided not to challenge them.
“In total, Fair Share Housing Center’s challenges to 68 towns’ affordable housing calculations led to the recovery of an additional 4,959 affordable homes that would have otherwise been lost,” the center stated in a press release.
Under the new affordable housing law, all 440 towns must now adopt Municipal Housing Element and Fair Share Plans by June 30, specifying how they will meet their affordable housing needs.
“We’re thankful that the vast majority of New Jersey’s municipalities are moving forward with creating much-needed affordable housing,” said Adam Gordon, executive director at Fair Share Housing Center. “This process validates the intent of New Jersey’s new affordable housing law — making the process more transparent, reducing litigation costs, and ultimately encouraging more municipalities to participate.”
In New Jersey, the obligation for each municipality to allow its fair share of affordable homes, known as the Mount Laurel doctrine, is recalculated every 10 years in cycles known as rounds. Each municipality’s obligations are calculated by looking at factors in various regions of the state — such as job growth, existing affordability and the growth of low- and moderate-income households — which determines an individualized requirement for affordable housing.
New Jersey’s law gives towns a wide variety of tools to create affordable housing in the way they prefer, with options such as building 100% affordable housing, mixed-income housing, supportive housing for seniors or people with disabilities, or the repurposing of abandoned malls or offices. The recently enacted law and associated bills give towns additional tools like new bonuses, financing options, and credits to meet their affordable housing responsibilities.
The new law also requires more transparent information to be shared with the public at each stage of the process, from adoption of initial plans to what is built and what trust funds are available to nonprofit developers to create and rehabilitate affordable housing.
Municipalities in New Jersey are not required to directly fund affordable housing projects through local taxpayer dollars. Instead, these developments are often supported through a combination of state programs, subsidies, and developer contributions.
Since the inception of the Mount Laurel Doctrine 50 years ago, it has led to the creation of over 75,000 affordable homes — including over 25,000 new affordable homes since 2015 alone — and over 130,000 middle-class homes. Today, more than 400,000 New Jerseyans live in homes created through the Mount Laurel Doctrine.
“New Jersey’s affordable housing law was passed with bipartisan support from a broad coalition of elected officials and community stakeholders across the state,” added Gordon. “When we embrace affordable housing, we are investing in the future of our communities — creating stronger local economies and vibrant neighborhoods, while addressing social and economic problems at their root.”
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