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Township committee adopts resolution accepting state DCA affordable-housing numbers, reserving right to adjust

Township Committee · January 27, 2025
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Summary

The township committee voted to adopt Resolution No. 25-1-54, accepting the state DCAfigures for its 4th-round affordable-housing obligation while reserving rights to adjust numbers after a vacant-land analysis; the roll call passed 3-1.

The Township Committee voted to adopt a resolution committing the municipality to the state Department of Community Affairs (DCA) numbers for its 4th-round affordable-housing obligation, with committee members voting 3-1 to approve the measure.

Wendy, a township staff member, told the committee the Fair Housing Act was amended in March 2024 and that the stateprocess now uses a court-based dispute-resolution program rather than the former Council on Affordable Housing. She said the townshipplanners and a statewide modeling review found only negligible differences between the townshipnumbers and the DCAfigures and recommended adopting the DCA numbers now so the municipality can post the number and enter the declaratory-judgment process.

"The recommendation for the resolution today is to accept the DCA's numbers because our numbers were fairly consistent," Wendy said. She summarized the DCA figures as 78 units of present need (rehabilitation) and 260 prospective-need credits, and said the resolution explicitly reserves the township's rights to adjust its position later if a vacant-land analysis or future legal/legislative changes require it.

Resident James Maion asked whether the land-capacity inputs came from Montgomery's data or the state's and whether the township could revisit the numbers. Wendy responded that the vacant-land analysis is a separate, later step in the housing-element process (due by June 30) and that the realistic development potential (RDP) can reduce obligations when the housing element is adopted.

Committeewoman Keenan questioned whether accepting the DCA number now risks losing leverage, noting some parcels listed in the DCA analysis were already approved and argued the township could instead formally dispute or highlight those differences. Wendy and other committee members explained the two-stage approach: the DCA land-capacity factor is calculated early and the vacant-land/RDP review occurs during housing-element development.

Committee members who spoke in favor said adopting the numbers now preserves the township's procedural footing and helps avoid potential litigation that could jeopardize local zoning control. One committee member summarized planners' findings that differences were negligible at this stage and that later steps would allow adjustments if warranted.

The clerk read Resolution No. 25-1-54, "committing to the township's 4th round affordable housing obligation as calculated by DCA." A motion to adopt was moved and seconded. In the roll call, Committee member Taylor Todd voted yes, Committee member Kanan voted no, Committee deputy mayor Barragan voted yes and Mayor Singh voted yes; the motion carried 3-1 according to the recorded roll call.

The resolution includes a reservation of rights to adjust the township's position based on a future vacant-land analysis or as a result of changes from litigation or state law. The committee closed the meeting and adjourned with no further business.