What is a motion to intervene in the Township’s Housing Element and Fair Share Plan?

Developers who file a motion to intervene are asking the Court to be granted special status in the context of a Declaratory Judgment Action. The Court considers whether that potential intervenor can further advance the interests of low and moderate income households to obtain affordable housing, within the context of the Township’s Housing Element and Fair Share Plan. In Millburn’s case, temporary immunity has been granted to the municipality from builder’s remedy lawsuits while the Township pursues approval of its plan.

This has not prevented the Court from allowing two developers to be "interested parties" regarding the Township's settlement negotiations with Fair Share Housing.  Both Woodmont Properties and the potential developers of 297 Millburn Avenue (Annie Sez) have been allowed to participate in case management conferences only as "interested parties".  While they do not have intervener status they are still seen by the court as potential parties that could advance the Township's obligation to provide for affordable housing. 

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1. What is Affordable Housing?
2. What is the Fair Share Housing Center?
3. Is the Township required to provide an opportunity for Affordable Housing units?
4. Why can’t the Township’s affordable housing litigation be discussed publicly?
5. Does Millburn have an Affordable Housing Plan?
6. Why are the courts in control of determining Millburn’s affordable housing obligation?
7. Will a court consider the economic impact to the community, including schools?
8. Where can I learn more about Millburn’s current Affordable Housing situation?
9. What are ways the Township can satisfy its obligation to provide for affordable housing?
10. What is a motion to intervene in the Township’s Housing Element and Fair Share Plan?
11. What is a builder's remedy lawsuit?
12. How can builder’s remedy lawsuits be avoided?
13. How likely is it that a municipality can successfully defend a builder’s remedy lawsuit?
14. What opportunity would there be for public comment on the Township’s affordable housing Plan?
15. Where can I find information on 85 Woodland Road, LLC., et al. v. Township of Millburn, et al.?
16. What would have happened if the Township had not settled with Fair Share Housing on it Housing Element and Fair Share Plan?
17. Why have settlement negotiations taken so long?
18. How many units of affordable housing is the township obligated to provide and by when?
19. What is the status of the 75 units of 100% affordable housing at the 11 Main Street development (a portion of the DPW facility)?
20. Other than capital constraint, can the Township buy back existing apartment buildings and turn them into affordable housing to satisfy the obligation?
21. Are the developers obligated to keep the ‘affordable units’ permanent?
22. Does the township have any long term strategic urban planning to make sure that traffic, environmental, road, water, sewage, school, etc. will be well planned ahead of any constructions?
23. Will there be any new obligations?
24. Under the current agreement, how long does Millburn retain immunity against any builder’s remedy lawsuits?