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Borough attorney recommends settling affordable‑housing obligation at 200 units; council to consider resolution
Summary
Borough attorney and planner recommended settling a portion of Hawthorne’s affordable‑housing litigation at a reduced figure of 200 units (down from the DCA’s 300); the attorney said the settlement yields a more manageable target and will be on the agenda for council action.
Borough special counsel and the municipal planner recommended the council resolve a portion of the borough’s affordable‑housing litigation by settling on a present and prospective need of 200 affordable units.
Attorney Michael (last name not specified in the transcript) explained the Department of Community Affairs (DCA) initially assigned Hawthorne a need of 300 units; the borough’s planner calculated a figure of 183 (later 189 when one property was included). After negotiations and an adjudicator’s suggestions, counsel said he negotiated and recommends resolving the matter at 200 units rather than contesting the higher assignment in protracted litigation.
"So I negotiated and recommend to you resolving this matter at 200 units rather than the 189 units that the mathematics ... say should prevail," the attorney said, adding that settling at 200 reduces exposure compared with the DCA number and avoids extended litigation risk.
Council members were told the settlement will be presented as a resolution on the agenda. The administration and counsel said they would bring a settlement package to the council for action; one councilmember asked whether funds had been set aside to cover settlement-related costs and was told the budget replenishes the fund used for settlements.
No final adoption of a settlement was recorded in the public remarks beyond counsel’s recommendation; council later approved a resolution authorizing settlement of a portion of affordable‑housing litigation during the resolutions portion of the agenda (see "Votes at a glance" article for the formal action and vote tally).
