Document Text
--- Document: 4th Round Affordable Housing Resolution Document ---
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Agenda No. R-7
On the motion: Council Member Carroll
Seconded by Council Member Perez
MUNICIPAL COUNCIL OF CITY OF BAYONNE
RESOLUTION NO.: 25-01-22-062
RESOLUTION OF THE MUNICIPAL COUNCIL OF THE CITY OF BAYONNE,
COUNTY OF HUDSON, NEW JERSEY AUTHORIZING PARTICIPATION IN THE
STATE AFFORDABLE HOUSING DISPUTE RESOLUTION PROGRAM AND
DECLARING THE CITY OF BAYONNE’S FOURTH ROUND AFFORDABLE HOUSING
OBLIGATION
WHEREAS, in furtherance of the Mt. Laurel doctrine, the Fair Housing Act, N.J.S.A.
52:27D-301 et seq., was amended and supplemented by the New Jersey Legislature (the
“Legislature”) on March 20, 2024 under P.L. 2024, c. 2 (the “Act”), to establish new State-wide
affordable housing compliance guidelines for the compliance period of 2025-2035 (the “Fourth
Round”); and
WHEREAS, pursuant to the Act, the Legislature abolished the Council on Affordable
Housing (“COAH”) and imposed new duties upon the Department of Community Affairs (the
“DCA”) to administer and implement the Fourth Round, while also creating the Affordable
Housing Dispute Resolution Program (the “Program”) to adjudicate disputes concerning a
municipality’s compliance with the Mt. Laurel doctrine; and
WHEREAS, pursuant to the Act, the DCA was required to submit a report to the Governor
by December 1, 2024 providing non-binding calculations of “regional need and municipal present
and prospective obligations” for each municipality in the State; and
WHEREAS, the City of Bayonne (the “City”) is a qualifying urban aid municipality,
pursuant to N.J.S.A. 52:27D-178 et seq., with no prospective need obligation; and
WHEREAS, in or about October 2024, the DCA, as stated prior, issued calculations
finding that the City has a prospective need of 0 affordable housing units based on the City’s status
as an urban aid municipality under N.J.S.A. 52:27D-178 et seq., and a present need (i.e.
rehabilitation obligation) of 749 affordable housing units in the Fourth Round; and
WHEREAS, pursuant to the Act, a municipality, after considering, but not being bound
by, the DCA’s calculations, must determine its prospective and present fair share obligations for
the Fourth Round and declare same via binding resolution no later than January 31, 2025; and
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WHEREAS, pursuant to the Act and Directive #14-24 of the Administrative Director of
the Courts, a municipality must, by the sooner of 48 hours following adoption of a binding
resolution declaring its Fourth Round obligations or February 3, 2025, file a “declaratory judgment
complaint and Civil Case Information Statement” with the Superior Court of New Jersey in the
county in which the municipality is located to effectuate its participation in the Program.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF
THE CITY OF BAYONNE, NEW JERSEY, AS FOLLOWS:
Section 1.
The aforementioned recitals are incorporated herein as though fully set forth
at length.
Section 2.
In accordance with the Act, and consistent with the DCA’s calculations, the
Municipal Council of the City of Bayonne hereby declares the City’s Fourth Round prospective
need as 0 affordable housing units, based on the City’s status as a qualifying urban aid municipality
under N.J.S.A. 52:27D-178 et seq., and its present need (i.e. rehabilitation obligation) as 749
affordable housing units, as may be reduced through windshield surveys and/or other permissible
techniques.
Section 3.
In accordance with the Act, the Municipal Council of the City of Bayonne
hereby authorizes the law firm Inglesino Taylor, as affordable housing counsel to the City, to file
a declaratory judgment action and Civil Case Information Statement within 48 hours of adoption
of this Resolution, or within such other times frames as permitted by law, in the Superior Court of
New Jersey, County of Hudson, declaring the City’s present and prospective need obligations for
the Fourth Round, and any such other steps as required in accordance with law.
Section 4.
In accordance with the Act, this Resolution shall be published on the City’s
municipal website within 48 hours of its adoption.
Section 5.
A copy of this Resolution shall be available for public inspection at the
office of the City Clerk during regular business hours.
Section 6.
This Resolution shall take effect immediately.
Council
Member
Aye
Nay
Abstain
Absent
Booker
X
Carroll
X
Perez
X
Weimmer
X
LaPelusa
X
A TRUE COPY
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Madelene C. Medina
CITY CLERK