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Ogdensburg council commits to DCA fourth‑round affordable‑housing numbers, directs quick filing
Summary
The Ogdensburg Borough Council on Jan. 27 adopted Resolution 22‑2025 accepting the New Jersey Department of Community Affairs’ October 18, 2024 fourth‑round estimates — a present need of 4 units and a prospective need of 40 units — and directed the municipal attorney to file a declaratory judgment within 48 hours to seek certification under the amended Fair Housing Act.
The Ogdensburg Borough Council voted unanimously on Jan. 27 to adopt Resolution 22‑2025, committing the borough to the New Jersey Department of Community Affairs’ (DCA) fourth‑round fair‑share estimates and directing the municipal attorney to file for certification within 48 hours.
Joseph Vuich, planner with Van Cleef Engineering, presented the DCA methodology and the numbers the town was being asked to accept. Vuich told the council the calculation averages three equally weighted factors — equalized residential valuation, land capacity and income capacity — and that the resolution on tonight’s agenda would accept both present and prospective need figures.
Borough Attorney Robert McBriar told the governing body that "we are here because all of our sister municipalities are in the same position; we have to act before the end of this month." The resolution states that, subject to vacant‑land or durational adjustments the borough may later seek, Ogdensburg accepts a Fourth Round Present/Rehabilitation obligation of four units and a Fourth Round Prospective/New Construction obligation of forty units.
The resolution also notes that the DCA report is non‑binding and preserves the borough’s right to seek lower obligations where warranted; it further reserves the borough’s position in the event of changing legislation or court rulings. The council authorized the municipal attorney to attach the resolution as an exhibit to the declaratory judgment action and to file it in Sussex County within 48 hours after adoption, or by Feb. 3, 2025, whichever is sooner.
Councilman Ciasullo made the motion to adopt Resolution 22‑2025; Councilwoman Ruitenberg seconded. The roll‑call vote recorded Yeas from Ciasullo, Cowdrick, Gandarinho, Lame and Ruitenberg; there were no Nays and Councilmember DeMeo was absent.
Why it matters: The DCA’s fourth‑round estimates set a starting point for the borough’s affordable‑housing obligations through 2035 and trigger procedural deadlines tied to certification and prospective compliance. By accepting DCA’s numbers while reserving rights to adjustments or future legal challenges, the council preserved avenues to modify obligations through the borough’s forthcoming Housing Plan and any court or legislative changes.
The borough’s next formal step is the attorney’s filing for declaratory relief and subsequent development of the Housing Plan and Fair Share Plan elements referenced in the resolution.
