Madison Affordable Housing Deal Set

MADISON, NJ—After nearly five years of negotiations, the Borough of Madison announced it had reached an agreement with the Fair Share Housing Center over the municipality's affordable housing obligation.

The agreement, presented at the Aug. 10 council meeting by Beth McManus, Affordable Housing Planner at Kyle +McManus Associates, accomplishes three things: It sets Madison's Fair Housing obligation, identifies how the borough plans to comply with its plan, and grants Madison a Vacant Land Adjustment, which lowered the obligation from 500 to 147 "credits"—equal to 48 new housing units in the next few years.

"We think that if Madison implements its plan and does so expeditiously,"said Bessam Gergi, attorney at FSHC, a nonprofit housing advocate, "it will create a fair share of affordable housing in the borough."

A key provision enables Madison, through its compliance, to avoid potential Builder's Remedy Litigation. McManus said municipalities that haven't started or completed the fair housing process are vulnerable to this type of suit, where builders take court action against towns for the right to build affordable housing.

"That housing is typically at a size or density or building height that is much larger than the municipality is comfortable with," said McManus. "By completing this process, we're able to prevent that type of litigation and maintain our zoning."

The settlement with FSHC immunizes Madison from Builders Remedy Litigation suits through 2025. The agreement is the second in a multi-step process to help the borough continue to avoid lawsuits and over-development while fulfilling its mandatory affordable housing obligation.

Next in the process is to get the agreement approved by the courts via a fairness hearing, a meeting open to the public where the agreement is reviewed and the borough's obligations are confirmed. Madison will then implement the plan by enacting the necessary zoning ordinances, resolutions, and other measures. (The borough has identified 10 sites for potential development, including four on Main Street.)

After 120 days, the court will confirm that Madison is following its plan and issue an order immunizing the borough from Builders Remedy Litigation. That final judgment would be the end of a long ordeal for the borough government.

"The feeling of relief that I have and share with lots of council colleagues that we got to this point is really quite intense," said council member Rachel Ehrlich. "The fact that we got to this major milestone is tremendous."