Judge Rules Norfolk Village Must Stay Affordable, Senior Housing

A Bergen County Superior Court judged ruled Wednesday that the housing units at Norfolk Village will remain affordable senior citizen housing.

Mahwah filed a lawsuit against the landlord of the 75 units in question after the landlord “notified the senior tenants that the units would no longer be subject to the income restrictions and the age restrictions in the Mahwah Affordable Housing Plan” in 2010, Mahwah Business Administrator Brian Campion said.

Superior Court Judge Brian Martinotti ruled Wednesday that the units at Norfolk Village must remain senior citizen housing, as per a resolution passed by the Mahwah Planning Board in April 1993. Each unit must also remain income-restricted until 25 years after a certificate of occupancy is issued, according to the judge’s decision.

Anyone currently living in Norfolk Village that does not meet the income and/or age requirements to live there will be immediately “asked to vacate,” as a stipulation of this decision.

“There is no evidence that the Planning Board ever intended to approve the site for anything other than 75 senior citizen dwelling units,” Martinotti said in his decision.

The owner, operator and landlord of the housing units, K. Hovnanian at Mahwah VI, has rented units to seniors since they were built in 1995. In 2010, Hovnanian sent letters to senior residents telling them that the units could go up in price, and be rented to anyone, regardless of age.

Campion and newly elected Mayor Bill Laforet said the township’s administration is “very pleased” with the outcome of the lawsuit.

“I am pleased because of what this will mean for senior citizens in our town, and I’m hoping it will give them some peace of mind,” Laforet said.

“This is an important decision which upholds the requirements of the Township's Affordable Housing Plan. More importantly, it protects the Mahwah senior citizens living in Norfolk Village and who expected to continue their residency without the changes proposed by the landlord,” Campion said.

Norfolk Village’s manager declined to comment.