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Township attorney outlines Round 4 affordable-housing obligation and possible legal options
Summary
The municipal attorney told the committee that Hanover will receive a Round 4 affordable-housing obligation later this year, can review and possibly challenge the number, and is considering whether to join (or adapt) a draft complaint prepared by Montvale Township.
The townships municipal attorney provided a detailed update July 11 on the upcoming Round 4 affordable-housing obligation and the townships options for responding, including review, appeal or potential participation in litigation drafting by another municipality.
Fred, the municipal attorney, said recent state legislation establishes new calculations and rules that will produce an obligation number from the Department of Community Affairs. Once the township receives that number later this year it will have the opportunity to review it, decide whether to challenge or appeal, and pursue further review by a specially appointed court if necessary. "The township will then have an opportunity to review that obligation and decide if they want to challenge or appeal that obligation," he said.
Fred noted that Montvale Township has circulated a draft complaint and asked several municipalities if they would consider joining that challenge. He recommended the committee review any draft complaint carefully because a single complaint may not reflect Hanovers specific interests and the township may wish to adjust language or elements before joining. "There might be elements in the complaint that the township may or may not be in favor of," he said.
On a related point, the mayor clarified that a parcel known as South Campus (adjacent to the Behr headquarters) "is not currently part of the next obligation" and that negotiations with a potential developer are ongoing but nothing is finalized.
The committee said it will continue regular public updates on the process and that the municipal attorney will provide additional information as it becomes available.
