Holmdel's Affordable Housing Lawsuit Carried Until March

FREEHOLD, NJ - Holmdel Township and the "interveners" who oppose the township's affordable housing plan came to no settlement this week so the case will be carried into the new year.

Holmdel had been in court Monday in the hope that their fair-share affordable housing lawsuit could be settled in a way that would prevent additional housing lawsuits for the next eight years.

In its first round, officials said Holmdel had an obligation to provide more than 700 units but officials maintain they have made progress and so are up to their third round requirement of 297 units.

Interested persons came before Superior Court Judge Dennis R. O'Brien Monday to present testimony either before or against the proposed settlement. People had until Dec. 4 to submit written comments during what is officially called a fairness hearing for Holmdel's Housing Element and its fair-share compliance plan for affordable housing between 1987 and 2025.

After taking testimony for several hours, O'Brien continued the matter until March 9.

According to the hearing notice, its purpose is two-fold: to determine whether Holmdel and the Fair Share Housing Center is fair and reasonable to low- and moderate-income households.

Secondly, the court must determine whether Holmdel has met its obligation to provide a realistic opportunity to satisfy its prior round, rehabilitation and third round fair share of the regional need for affordable housing.

These include a prior round obligation of 768 units, a rehabilitation obligation of 37 units, and a prospective need third-round obligation of 297 units.

The township seeks an order formally approving the settlement, subject to appropriate conditions that may be imposed by the court that will lead to a judgment of compliance and which will entitle the township to protection from any Mount Laurel builder's remedy lawsuit through 2025.

Township officials said their prior obligation was met in increments with Holmdel Mews providing 12 units, Hidden Woods providing 16 units; Gracewood Glen has nine, Fox Chase has eight, Palmer Square has 33, Orchards has 101, Holmdel Meadows has eight and Holmdel Village has 70.

The township also negotiated for Regional Contribution Agreements with the city of Trenton to provide 71 units and with nearby Keansburg for 313 units. Holmdel also maintains it is entitled to rental bonuses for Holmdel Mews, eight units, Laurel Village with 50 units and Holmdel Village with 23 units.

In the third round, the township also agreed to adopt inclusionary zoning for North Beers Street, Palmer Avenue, Route 35 and Middle Road. The Lucent redevelopment site also would be used for some affordable units.

Holmdel's affordable housing litigation is continued to March 9. Image via Shutterstock.