Document Text
--- Document: Council Resolution No. 015-2025 Document ---
TOWNSHIP OF BELLEVILLE
ESSEX COUNTY, NEW JERSEY
RESOLUTION NO. 015-2025
DATE OF ADOPTION: January 28, 2025
TITLE:
RESOLUTION COMMITTING TO THE NEW JERSEY DEPARTMENT OF
COMMUNITY AFFAIR'S FOURTH ROUND AFFORDABLE HOUSING PRESENT
NEED AND PROSPECTIVE NEED CALCULATIONS FOR THE TOWNSHIP OF
BELLEVILLE
WHEREAS, on March 20, 2024, Governor Murphy signed into law an Amendment (the
"Amended FHA") to the Fair Housing Act (N.J.S.A. 52:27D-301, et seq.) (the "FHA"); and
WHEREAS, the Amended FHA requires the New Jersey Department of Community
Affairs (the "DCA") to produce non-binding estimates of fair share obligations on or before
October 20, 2024; and
WHEREAS, the DCA issued a report on October 18, 2024 (the "DCA Report") wherein
the agency reported its estimate of the obligation for all municipalities in New Jersey based upon
its interpretation of the standards in the Amended FHA; and
WHEREAS, the DCA Report calculates the Township of Belleville's Round Four
obligations (for the years of 2025 - 2035) as follows:
a Present Need or Rehabilitation Obligation of three hundred twenty four (324), and
a Prospective Need or New Construction Obligation of zero (0)(and confirming that the
Township is a Qualified Urban Aid Municipality); and
WHEREAS, the Amended FHA provides that the DCA Report is non-binding, thereby
inviting municipalities to demonstrate that the Amended FHA would support lower calculations
of Round Four affordable housing obligations; and
WHEREAS, the Amended FHA further provides in N.J.S.A. 52:27D-311(m) that "[a]ll
parties shall be entitled to rely upon regulations on municipal credits, adjustments, and compliance
mechanisms adopted by the Council on Affordable Housing unless those regulations are
contradicted by statute, including P.L. 2024, c.2, or biding court decisions"; and
WHEREAS, the regulations of the Council on Affordable Housing authorize vacant land
adjustments as well as durational adjustments; and
WHEREAS, based on the foregoing, the Township of Belleville accepts the DCA's
calculations of Township of Belleville's fair share obligations and commits to its fair share
obligation of three hundred twenty four (324) units of Present Need and zero (0) units of
Prospective Need (and confirming that the Township is a Qualified Urban Aid Municipality),
subject to any vacant land and/or durational adjustments it may seek as part of the Housing Plan
element and Fair Share Plan element it subsequently submits in accordance with the Amended
FHA; and
WHEREAS, the Township of Belleville reserves the right to comply with any additional
amendments to the FHA that the New Jersey Legislature may enact; and
WHEREAS, the Township of Belleville also reserves the right to adjust its position in the
event of any rulings in the case of Montvale v. New Jersey Affordable Housing Dispute Resolution
Program, et al. (MER-L-1778-24), or any other such action that alters the deadlines and/or
requirements of the Amended FHA; and
WHEREAS, in the event that a third party challenges the calculations provided for in this
Resolution, the Township of Belleville reserves the right to take such position as it deems
appropriate in response thereto, including that its Round Four Present or Prospective Need
Obligations should be lower than described herein; and
WHEREAS, in light of the above, the Mayor and Council of the Township of Belleville
finds that it is in the best interest of the Township to declare its commitment to the obligations
reported by the DCA on October 18, 2024, subject to the reservations set forth herein; and
WHEREAS, in addition to the above, the Acting Administrative Director of the New
Jersey Courts issued Directive No. 14-24, dated December 13, 2024, and made the directive
available later in the week that followed; and
WHEREAS, pursuant to Directive No. 14-24, "[a] municipality seeking a certification of
compliance with the FHA shall file an action in the form of a declaratory judgment complaint...in
the county in which the municipality is located...within 48 hours after adoption of the municipal
resolution of fair share obligations, or by February 3, 2025, whichever is sooner"; and
WHEREAS, the Township of Belleville seeks a certification of compliance with the FHA
and, therefore, directs its Redevelopment and Affordable Housing Attorney, The Law Office of
Dean J. Donatelli, LLC, to file a declaratory relief action in Morris County within forty eight (48)
hours of the adoption of this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township
of Belleville in the County of Morris, New Jersey that all of the above Whereas Clauses are
incorporated into the operative clauses of this Resolution; and
BE IT FURTHER RESOLVED, the Township of Belleville hereby commits to the
DCA's Round Four Present Need Obligation of three hundred twenty four (324) units and the
Round Four Prospective Need Obligation of zero (0) units (and confirming that the Township is a
Qualified Urban Aid Municipality) as described in this Resolution, subject to all reservations of
rights set forth above; and
BE IT FURTHER RESOLVED, the Township of Belleville hereby directs its
Redevelopment and Affordable Housing Attorney, The Law Office of Dean J. Donatelli, LLC, to
file a declaratory judgment complaint in Morris County within forty eight (48) hours after adoption
this Resolution, attaching this Resolution; and
BE IT FURTHER RESOLVED, the Township of Belleville hereby authorizes its
Redevelopment and Affordable Housing Attorney to attach this Resolution as an exhibit to the
declaratory judgment action that is filed and to submit and/or file this Resolution with the
Affordable Housing Dispute Resolution Program or any other such entity as may be determined
to be appropriate or advisable; and
BE IT FURTHER RESOLVED, the Township of Belleville hereby directs the Township
Clerk and/or its Redevelopment and Affordable Housing Attorney to publish this Resolution, along
with the date of filing with the Affordable Housing Dispute Resolution Program, on the Program's
publicly accessible Internet website; and
BE IT FURTHER RESOLVED, the Township of Belleville hereby directs the Township
Clerk to publish this Resolution on its publicly accessible Internet website, if the Township
maintains one; and
BE IT FURTHER RESOLVED, this Resolution shall take effect immediately, according
to law.
RESOLUTION#015-2025
JANUARY 28, 2025
On a motion by Council Member CO2ZARELLI
Seconded by Council Member
GRAZIANO
Adopted by the Municipal Council of the Township of Belleville, N.J.
COUNCIL RECORD OF VOTE
Council Member
YES NO N.V.
AB. Council Member
YES
NO
N.V.
AB.
COZZARELLI
MULDROW
DE PEÑA
VELEZ
GRAZIANO
MAYOR MELHAM
GUARDABASCO
N.V. - Not Voting
AB - Absent
X - Indicates Vote
I, Alberto Cabrera, Registered Municipal Clerk, for the Township of Belleville, do hereby certify
that the foregoing is a true copy of a resolution adopted by the Belleville Township Council at a
meeting held on the 2874 day of JANUARY, 2025.
Alberto Cabrera, Township Clerk
Steven Martino, Township Attorney
Dean Donatelli, Esq.
Redevelopment Counsel