Community Corner
South Orange Midpoint Review Report
Under the Fair Housing Act and its Third Round Judgment of Compliance and Repose, the Village is required to post a Midpoint Review Report.
July 2, 2020
South Orange Midpoint Review Report
Under the Fair Housing Act and its Third Round Judgment of Compliance and Repose, the Village is required to post a Midpoint Review Report
Find out what's happening in South Orangefor free with the latest updates from Patch.
SOUTH ORANGE VILLAGE COUNTY OF ESSEX
Midpoint Review Report
Find out what's happening in South Orangefor free with the latest updates from Patch.
Purpose
South Orange Village’s Settlement Agreement with Fair Share Housing Center (“FSHC”) requires that the Village comply with the statutory midpoint review requirements of the FairHousing Act (“FHA”) and specifically N.J.S.A. 52:27D-313, which provides in relevant part: “[t]he Council shall establish procedures for a realistic opportunity review at the midpoint of thecertification period and shall provide for notice to the public.” Pursuant to the FSHC Settlement Agreement, that review requires the Village to post on its website, with a copy to FSHC, and anopportunity for comment, a status report regarding its compliance mechanisms and whether or not unbuilt sites/unfulfilled mechanisms continue to present a realistic opportunity. TheSettlement also contemplates review of unmet need/deferred mechanisms, though the realistic opportunity for the construction of those mechanisms during the compliance period is not applicable.
Relevant Background
On July 2, 2015, the Village filed a Declaratory Judgment Action in Superior Court, in response to In re Adoption of N.J.A.C. 5:96, 221 N.J. 1 (2015) (“Mount Laurel IV”). TheVillage and FSHC entered into a Settlement Agreement on May 13, 2019, which was approved at a properly-noticed Fairness Hearing, held on July 18, 2019. After a duly-noticed ComplianceHearing held on February 7, 2020, the Court entered a Judgment of Compliance and Repose (“JOR”) with conditions on February 26, 2020. The Village is currently working to satisfy theconditions set forth in its JOR, and has made great strides despite the lockdown measures issued in response to the SARS-COV-2 pandemic and subsequent State of Emergency.
Rehabilitation Program(s) Update
The Village’s rehabilitation obligation is 20 units. The Village is currently participating in the Essex County Home Improvement Program, and is working on establishing its Village-runrental rehabilitation program, which will be administered by Community Grants, Planning & Housing.
Realistic Opportunity Review
The realistic opportunity standard applies to all mechanisms for non-adjustment municipalities and RDP/non-deferred mechanisms for Vacant Land/Durational Adjustment municipalities.
Mechanism
Description
Ordinance
Adopted
(Yes/No)
Status
Notes/Additional
Information
320 Valley Street
2 family
rental units
Completed
Completed
4th & Valley
10 family
rental units
Yes
Planning Board
Approval
Y Group/ 2nd
Street
1 family
rental unit
Yes
Planning Board
Approval
Third Street
Village Project
20 family
rentals;
20 non-
family units
Yes
Planning Phase
Lustbator
Redevelopment
Project
11 family
rental units
Adopted
Redevelopment
Plan Adopted;
being submitted
to Planning
Board
270 Irvington
Redevelopment
Project
11 family
rental units
Pending
Redevelopment
Plan adoption
pending for
September 2020
Very Low Income Analysis
Affordable Units Built
Since 2008
VLI Requirement
Number of VLI
Units
Status
Third & Valley
3 units
3 units
Completed
4th & Valley
1 unit
Not yet built
Planning Board
Approval
Third Street Village
Project
7 units
Not yet built
Planning Phase
Lustbator
Redevelopment Project
1 unit
Not yet built
Redevelopment
Plan adopted &
being submitted to
Planning Board
270 Irvington
Redevelopment Project
1 unit
Not yet built
Redevelopment
Plan adoption
pending for
September 2020
Conclusion
The Village’s plan implementation continues to create a realistic opportunity where that standard is applicable.
1
This press release was produced by the Village of South Orange. The views expressed here are the author’s own.
