Document Text
--- Document: Fair Share Affordable Housing Obligations Fourth Round Resolution Document ---
22131-25
Resolution by Commissioner DeMarco, seconded by Commissioner Haggerty
TOWNSHIP OF
LYNDHURST COUNTY OF
BERGEN STATE OF NEW
JERSEY
RESOLUTION REGARDING THE TOWNSHIP OF LYNDHURST'S PRESENT AND
PROSPECTIVE FAIR SHARE AFFORDABLE HOUSING OBLIGATIONS FOR
THE FOURTH (4TH) ROUND
WHEREAS, on March 20, 2024, an Amendment to the Fair Housing Act, N.J.S.A.
52:27D-301 et seq. was signed into law ("Amended FHA"); and,
WHEREAS, the Amended FHA requires the New Jersey Department of Community
Affairs ("DCA") to determine non-binding estimates of fair share obligations for Round Four (4)
on or before October 20. 2024; and,
WHEREAS, on October 18, 2024, the DCA issued a report entitled "Affordable Housing
Obligations for 2025-2035 (Fourth (4th) Round) Methodology and Background" ("DCA Report"),
wherein the DCA reported its estimate of the obligations for all municipalities based upon its
interpretation of the standards set forth in the Amended FHA; and,
WHEREAS, the DCA Report calculates the Township of Lyndhurst's ("Township")
Fourth (4th) Round (2025-2035) obligations as follows: a Present Need (Rehabilitation) Obligation
of ninety-one (91) and a Prospective Need (New Construction) Obligation of three hundred sixty-
six (366); and.
WHEREAS, the Amended FHA provides that the DCA Report is non-binding, thereby
inviting municipalities to demonstrate that the Amended FHA would support revised calculations
of Fourth Round affordable housing obligations; and,
WHEREAS, pursuant to the Amended FHA, the Township may either accept the
determination of its Present and Prospective Need Obligations as calculated by the DCA or make
its own determination as to same; and,
WHEREAS, the Amended FHA further provides that "[a]ll parties shall be entitled to rely
upon regulations on municipal credits, adjustments, and compliance mechanisms adopted by
COAH unless those regulations are contradicted by statute, including P.L. 2024, c.2, or binding
court decisions". See N.J.S.A. 52:27D-311(m); and,
WHEREAS, said COAH regulations authorize municipalities to secure vacant land
adjustments, durational adjustments and other adjustments; and,
WHEREAS, the DCA has released a Geographic Information Systems (GIS) spatial data
representation of the Land Capacity Analysis containing the vacant and developable land
information that serves as the basis for calculating the Land Capacity Factor that is required by the
Amended FHA; and,
WHEREAS, the Township through its affordable housing planner, Neglia Engineering,
has reviewed the lands identified by the DCA for the Land Capacity Factor to ascertain whether
these identified lands may accommodate development; and
WHEREAS, as further set forth in detail and explained in the attached memo prepared by
the Township' s affordable housing planner, upon reviewing the DCA's Land Capacity layers on
the GIS, the Township has determined that a number of the lands identified by the DCA are not
developable and must be excluded from the Land Capacity Factor because they are located in the
New Jersey Meadowlands District over which the Township does not have any jurisdiction over;
and,
WHEREAS, and the Township seeks to comply with a Present Need Obligation of ninety-
one (91), as determined by the DCA, however, the Township's Prospective Need Obligation must
be revised to three hundred fifty-seven (357), from the three hundred sixty-six (366) that was
determined by DCA, to accurately reflect the developable lands in the Land Capacity Factor,
subject to any vacant land, durational and/or other adjustments that the Township may seek as part
of the Housing Element and Fair Share Plan ("HEFSP") it subsequently submits in accordance
with the Amended FHA; and,
WHEREAS, the Township reserves the right to comply with any additional amendments
to the FHA that the Legislature may enact; and,
WHEREAS, in the event that a third (3rd) party challenges the calculations provided for in
this Resolution, the Township reserves the right to take such position as it deems appropriate in
response thereto, including that its Fourth (4th) Round Present or Prospective Need Obligations
should be lower than as described herein.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the
Township of Lyndhurst, County of Bergen, State of New Jersey that the Township hereby seeks to
comply with a fair share Present Need (Rehabilitation) Obligation of ninety-one (91), as
determined by the DCA, and a Prospective Need (New Construction) Obligation of three hundred
fifty-seven (357), as determined by the Township's affordable housing planner for the reasons set
forth herein, for the Fourth (4th) Round of affordable housing obligations, subject to any vacant
land, durational and/or other adjustments that the Township may seek as part of its HEFSP that it
subsequently submits in accordance with the Amended FHA; and,
BE IT FURTHER RESOLVED that the Township's Affordable Housing Counsel is
hereby directed and authorized to file a declaratory judgment action with the Superior Court of
New Jersey, Bergen County no later than forty-eight (48) hours following adoption of this
Resolution seeking a compliance certification regarding its fair share affordable housing obligation
for the Fourth Round and that a copy of this Resolution shall be made part of such Court filing;
and,
BE IT FURTHER RESOLVED, that the Township Clerk is further authorized to
immediately post a copy of this Resolution on the Township's website.
Adopted: January 23, 2025
CERTIFICATION
I, Deana McCann, Deputy Municipal Clerk, Township of the Township of Lyndhurst,
hereby certifies that this is a true copy of a Resolution approved by the Board of Commissioners
of the Township of Lyndhurst, County of Bergen, State of New Jersey at a special meeting held
on the 23rd day of January. 2025.
Deana McCann, Deputy Township Clerk
Township of Lyndhurst
Ayes Nays Absent Abstain
Commissioner Montillo, Jr.
X
Commissioner DeMarco
X
Commissioner Haggerty
X
Commissioner Jarvis
X
Mayor Giangeruso
X
Mayor
Deputy Township Clerk