MARLBORO – Representatives of Marlboro are scheduled to appear in state Superior Court, Freehold, on March 25 for a fairness hearing concerning the township’s housing element and fair share compliance plan.
Attorney Ronald H. Gordon, who represents Marlboro on issues related to affordable housing, will ask Judge Jamie S. Perri to approve a settlement of affordable housing litigation in which Marlboro has been involved.
According to a legal notice filed by Gordon, Perri will determine whether the terms of a settlement agreement between Marlboro and the Fair Share Housing Center, Cherry Hill, to resolve a legal issue is fair and reasonable to low income and moderate income households, and whether Marlboro’s proposed housing element and fair share plan satisfies the township’s obligation to provide a realistic opportunity for the creation of affordable housing.
The Fair Share Housing Center advocates for the development of affordable housing throughout New Jersey.
Affordable housing is defined as housing that is sold or rented at below market rates to individuals and families whose income meets certain guidelines.
According to the legal notice, in addition to the settlement agreement with the Fair Share Housing Center, Marlboro has also resolved the following lawsuits by negotiated agreement or voluntary stipulations of dismissal filed with the Superior Court: Stillwell Road Holdings, LLC v. Township of Marlboro, et al.; El at Marlboro 79, LLC v. Township of Marlboro, et al.; Ashbel Associates , LLC, et al. v. Township of Marlboro, et al.; American Properties at Marlboro, LLC v. Township of Marlboro, et al.; Marlboro Development Group v. Township of Marlboro, et al.; Buckdale LLC v. Township of Marlboro; K. Hovnanian Shore Acquisitions, LLC v. Township of Marlboro, et al.; and 3 Ronson, LLC v. Township of Marlboro, et al.
Gordon said Marlboro will seek the court’s approval of the resolution of those matters by either inclusion of the subject properties in the settlement agreement or voluntary dismissal.
The court will consider whether the affordable housing plan, which has been endorsed by the Marlboro Township Council, subject to the court’s approval, satisfies the township’s obligation to provide a realistic opportunity for the creation of affordable housing.
According to the legal notice, the affordable housing plan addresses Marlboro’s present need obligation (or rehabilitation obligation) of 111 housing units, its prior round obligation of 1,019 housing units and its third round prospective need obligation of 1,129 units.
Gordon said Marlboro is seeking a judgment of compliance and a judgment of repose, which will afford the township, among other things, a period of 10 years of protection from any builder’s remedy or constitutional compliance lawsuits brought in connection with the state’s affordable housing regulations.
The full text of the settlement agreement and Marlboro’s affordable housing plan may be reviewed during normal business hours at the township clerk’s office and is posted on the township’s website at www.marlboro-nj.gov