Judge Rules On West Windsor's Affordable Housing Obligation

WEST WINDSOR TOWNSHIP, NJ — A ruling from a Superior Court judge delivered on Thursday spells out West Windsor’s affordable housing obligations. Mercer County Assignment Judge Mary C. Jacobson ruled that towns must meet fair housing needs totaling more than 150,000 units, statewide. Specifically, West Windsor must build 1,500 new affordable housing units by 2025.

The number of required affordable housing units in municipalities statewide has been in dispute, and often in litigation, since 1999. In 2015, authority concerning setting affordable housing requirements for municipalities throughout the state fell on the courts.

This is the third round of affordable housing requirements that have been issued since two court decisions in the 1970s established that municipalities must have an affordable housing aspect to their master plans.

In the prior round, West Windsor’s obligation was set at 899 homes. The judge determined that the current need is 132. The prospective need is 707, and the gap need is 693, for a final number of 1,500.

West Windsor had joined other Mercer County towns in challenging their legal obligations in court. The decision was announced on Thursday, and a compliance hearing is scheduled for July 24.

Towns that have already reached settlements - including Hamilton, Ewing, Hopewell, Mount Laurel, Woodbridge, Edison, Metuchen, and Bridgewater - have already said they would look into redeveloping vacant strip malls, office parks and industrial sites, according to the Fair Share Housing Center. They have also pledged to work with local non-profits seeking to build new homes that will allow people with disabilities to receive the support they need to live near their friends and family.

In the decision, Jacobson rejected claims presented in a report by Philadelphia-based Econsult Solutions Inc., a company commissioned by a number of towns to argue on their behalf. Towns relying on the Econsult study argued that the state's fair housing need should be less than 80,000 homes.

Fair Share Housing contends that some aspects of the decision aren’t correct, but has not yet made a decision whether it will appeal these aspects.

Read a copy of Judge Jacobson's decision by clicking here.

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