Affordable Housing In Millburn: Outcome Of Court Hearing Announced

MILLBURN, NJ — The town of Millburn announced Wednesday the results of a hearing in court about a plan to meet its state affordable housing obligation.

Each town in New Jersey must comply with a state mandate to build affordable housing, due to a 1980s court case involving the town of Mount Laurel.

But how and where should each town provide the housing? A debate on how to meet that challenge has continued in Millburn for several years.

In 2021, the Millburn Township Committee approved a settlement with the Fair Share Housing Corporation, a non-profit activist group, to meet its affordable housing obligation by 2025, including some new development.

But some township residents (and certain officials) objected to an all-affordable housing development proposed for 9 Main St., which would provide 75 units for families.

A petition from residents protesting the building amassed more than 2,000 signatures, with some saying it would be better if it contained a mix of incomes.

In one of the most expensive zip codes in the country, finding any sort of affordable housing in the area is a struggle.

The Affordable Housing Compliance Hearing and Motion to Enforce Litigant's Rights took place at the Historic Court House in Newark Wednesday.

Ultimately, the court's mission is to determine whether a proposed plan for affordable housing meets Millburn's state mandate "to provide a realistic opportunity for satisfaction of its 'fair share' of the regional need for housing affordable to low- and moderate-income households."

The township sent out the following press release Wednesday about the court's rulings:

The following is a press release from Millburn Township:

On April 19, Millburn Township’s Affordable Housing compliance hearing was heard at the Historic Court House in Newark. Judge Cynthia Santamouro presided over the case (Docket Number: ESX-L-2778-18). Judge Santamouro also heard a motion to intervene from the Concerned Millburn Residents nonprofit organization and a motion to enforce litigant’s rights put forth by Woodmont Properties.

Judge Santamouro issued the following rulings during the course of the hearing:

1. The motion to intervene in the township’s compliance hearing, submitted by Concerned Millburn Residents, was denied;

2. The motion to enforce litigant’s rights from Woodmont Properties was denied in principle including, and most importantly, a denial of their desire to circumvent the Township’s recent ordinance prohibiting rooftop deck amenities; and

3. The Township received a conditional judgment of compliance and repose that will be memorialized in a court order anticipated to be filed next week.

4. The motion to enforce litigant’s rights from Fair Share Housing Center (FSHC) to strip the Township of immunity and appoint a special monitor to oversee the 9 Main St. development was withdrawn by FSHC because of the Township demonstrating substantial compliance with the settlement agreement.

At the conclusion of the hearing, the sentiment of the court was one of gratitude to all parties involved, including the Township Committee, in bringing the Township’s compliance to its near completion.

Jarrid Kantor, Esq., the afforable housing attorney retained by the township, said, “This is a truly positive outcome for Millburn and its residents in obtaining compliance and repose with its Fair Share obligations. We are also pleased to have successfully defended the Township against the Developer’s motion to enforce litigant’s rights, safeguarding the Township’s Zoning Ordinance.”

The next steps in the process include determining court ordered attorney’s fees for FSHC, which will be determined by the Court.

The township will work on the redevelopment of 9 Main St. in accordance with the forthcoming Court Order.

History And How To Post A Letter About This Issue

Critics of the town have shared their views on Patch in the past. Got thoughts on this matter? See how to share them in Millburn Patch below.

• Read prior reporting and see links to more background here.
• Post a letter or release on Millburn/Short Hills Patch here, or leave a comment below.