Brick Affordable Housing Settlement Receives Judge's Conditional Approval

BRICK, NJ — A judge has conditionally approved a settlement that says Brick Township has met its affordable housing requirements, Mayor John G. Ducey announced Friday.

The approval by Judge Marlene Lynch Ford of the settlement agreement with the Fair Share Housing Center also grants the township immunity from any constitutional challenges or builder’s remedy lawsuits for the next 10 years, Ducey said.

“This settlement confirms that we have not only met our obligations, we have exceeded them," Ducey said. "It also means that we have avoided being forced to approve thousands of new housing units to meet affordable housing requirements as some of our surrounding communities have had to do.”

The conditional approval is subject to Brick Township’s compliance with the Special Master’s recommendations, which Ducey said will result in the township realizing greater affordable housing credits. Those include the final adoption of a revised housing element and fair share plan and the adoption of implementing ordinances, he said. Brick has 120 days to make the amendments and adoptions, Ducey said.

The township filed a petition in July 2015 in state Superior Court seeking a declaration of compliance with the Mount Laurel Doctrine, Ducey said. The Fair Share Housing Center, a public interest organization that defending housing rights through enforcement of the Mount Laurel Doctrine, joined the case as an intervenor. The township and the center then entered into mediation and negotiated the settlement agreement that Ford conditionally approved, Ducey said.

The final compliance hearing is set for June 12, 2017, at which time it is expected the court will approve all adoptions, he said.

“This is a big win for the township. This settlement means that we have avoided being forced to build a massive 1,000-plus unit apartment building that would be detrimental to our infrastructure,” Ducey said.

Karen Wall photo