What are the ways the Township can obtain compliance and repose from the courts for affordable housing?

At the January 17, 2023 Township Committee meeting, the township affordable housing attorney Jarrid Kantor outlined seven steps for compliance:

  • The Township Committee needs to endorse the Housing Element and Fair Share Plan that was previously adopted by the Planning board at the July 20, 2022 meeting;
  • Introduce and adopt the Canoe Brook Country Club overlay zoning ordinance;
  • Adopt a spending plan: a statutory requirement that details how funds will be used from the affordable housing trust fund;
  • Adopt a resolution of the Township’s intent to fund, stating the Township will step in to cover costs of compliance not available through the spending plan;
  • Adopt the affordable housing rental and sale operating manual to establish how rental and sales pricing is determined;
  • Adopt a redevelopment agreement with for the 11 Main Street site;
  • Adopt the rehab operating manual for the rental and sale of affordable units

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1. Where can I learn more about Millburn’s current Affordable Housing situation?
2. What are the ways the Township can obtain compliance and repose from the courts for affordable housing?
3. What is the status of the 75 units of 100% affordable housing at the 11 Main Street development (a portion of the DPW facility)?
4. Does Millburn have an Affordable Housing Plan?
5. Is the Township required to provide an opportunity for Affordable Housing units?
6. How many units of affordable housing is the township obligated to provide and by when?
7. What is Affordable Housing?
8. What is the Fair Share Housing Center?
9. What is an overlay zone?
10. Why are the courts in control of determining Millburn’s affordable housing obligation?
11. Will a court consider the economic impact to the community, including schools?
12. What is a builder's remedy lawsuit?
13. How can builder’s remedy lawsuits be avoided or defended?
14. Are the developers obligated to keep the ‘affordable units’ permanent?