Montgomery Township approved a resolution accepting the township’s fourth-round affordable housing obligations.
Similar to other municipalities across the state, Montgomery was under a Jan. 31 deadline to pass a binding resolution that formally accepts the township’s affordable housing obligations for the fourth-round presently and for the next 10 years.
Township Committee members approved the resolution on Jan. 27 during a special meeting.
The township’s present fair share housing obligation or current need estimated by the Department of Community Affairs (DCA) is 73 affordable housing units, and the future need has been determined to be 260 affordable units over the next 10 years.
Additionally, in addition to the resolution, municipalities have until June 30 to adopt a housing element and fair share plan on satisfying the obligations.
Gov. Phil Murphy signed into law in March 2024 a new framework for municipalities to meet their affordable housing obligations by streamlining compliance and reducing litigation-related delays to construction of new affordable housing.
The Fair Housing Act of New Jersey was amended to streamline the procedure where the Department of Community Affairs (DCA) would do the calculations for the present need and the prospective (future) need during the fourth round which goes from 2025 to 2035.
In October 2024, the DCA released a report on fourth round obligations estimated for municipalities across the state.
The township commits to its fair share of 73 present need affordable units and the 260 prospective units, the resolution state. This is subject to any vacant land, windshield survey, and/or any other additional authorized adjustments the township may seek as part of the township’s housing element and fair share plan which will need to be adopted in late June.
Montgomery may see the obligation number reduced based on a windshield survey, lack of land, sewer, water, and regional planning inputs; a successful legal challenge or legislative change to the amended Fair Housing Act (FHA) resulting in the township being able to revoke or amend the current resolution; and in the event of a third-party challenge to the obligations. The township has the right to take a different position.
The township’s affordable housing counsel must file a declaratory judgment complaint in Somerset County within two days of the resolution’s approval. A declaratory judgment complaint is filed by a municipality seeking a certification of compliance with the FHA.
