Document Text
--- Document: Borough’s Fair Share Affordable Housing Obligation Document ---
BOROUGH
RIVERDALER
NJ
BOROUGH OF RIVERDALE
NEW JERSEY
Resolution No:
49-2025
Date of Adoption: January 22, 2025
TITLE:
BOROUGH
DOD
RIVERDALE
NJ
RESOLUTION ADOPTING THE BOROUGH'S FAIR SHARE AFFORDABLE HOUSING OBLIGATION
FOR THE FOURTH ROUND
WHEREAS, the New Jersey Supreme Court, through its rulings in Southern Burlington
County NAACP v. Mount Laurel, 67 13 N.J. 151 (1975) and Southern Burlington County NAACP 14
v. Mount Laurel, 92 N.J. 158 (1983), determined that every municipality in New Jersey has a
constitutional obligation to provide through its land use regulations a realistic opportunity for its
fair share of its region's present and prospective needs for housing for low- and moderate-income
families; and
WHEREAS, on March 20, 2024, Governor Murphy signed P.L.2024, c.2. into law,
establishing a new framework for determining and enforcing municipalities' affordable housing
obligations under the New Jersey Supreme Court's Mount Laurel doctrine and the New Jersey Fair
Housing Act (N.J.S.A. 52:27D-301 et al.); and
WHEREAS, pursuant to N.J.S.A. 52:27D-304.1(f)(1)(b), (the "Amended Act") each
municipality must adopt a binding resolution no later than January 31, 2025 determining its
present and prospective fair share obligation for the Fourth Round; and
WHEREAS, pursuant to Administrative Directive #14-24 issued by the Administrative
Office of the Courts on December 13, 2024, "[a] municipality seeking a certification of compliance
with the [Amended Act] shall file an action in the form of a declaratory judgment complaint and
Civil Case Information Statement (Civil CIS) in the county in which the municipality is located"
within 48 hours of adopting the municipal resolution of fair share obligations; and
WHEREAS, pursuant to N.J.S.A. 52:27D-304.1(d), the New Jersey Department of
Community Affairs issued "a report on the calculations of regional need and municipal obligations
for each region of the State" on or about October 18, 2024 (the "DCA Report") providing its
estimate of the obligation of all municipalities based on its interpretation of the Amended Act; and
WHEREAS, the DCA Report set the municipal obligation for Riverdale Borough as follows:
Present Need: 44
Prospective Need: 110
NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Riverdale, in the
County of Morris and State of New Jersey, as follows:
1. Riverdale Borough hereby determines, based on the DCA Report to adopt the obligations
set forth in the DCA Report as its binding Fourth Round Affordable Housing Obligations as
follows: Present Need: 44; Prospective Need: 110
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BOROUGH
RIVERDALE
NJ
BOROUGH OF RIVERDALE
NEW JERSEY
BOROUGH
RIVERDALE
NJ
2. The Borough's Fourth Round Affordable Housing Obligation herein established shall be
subject to adjustments made to account for future decisions of a court of competent
jurisdiction on any challenges to the Amended Act or DCA methodology, any legislative
changes adjusting obligations, adjustments in response to any third party challenge to the
obligations herein established, and any durational adjustment or vacant land adjustments
which will be adopted as part of the municipality's Fourth Round Housing Element and Fair
Share Plan.
3. The Municipal Clerk and Municipal Attorney are authorized to take all actions required by
N.J.S.A. 52:27D-304.1(f)(1)(b), including:
a. Filing a declaratory judgement action with the Superior Court and filing a copy of
this Resolution with the Department of Community Affairs within forty-eight hours
following adoption of this Resolution.
b. Publishing this Resolution on the Borough's website.
c.
4. This Resolution shall take effect immediately.
RECORD OF COUNCIL VOTE
Purcell
Kneyfets
Motion - by Councilman:
Second - by Councilman:
COUNCILMAN Yes
No Absent Abstain
COUNCILMAN Yes
No
Absent Abstain
Pellegrini
Oswald
Revis
Purcell
Desai
Kheyfets
A.J. Jallon, Borough Clerk
Paul M. Carelli, Mayor
This resolution, when adopted, must remain in the possession of the Borough Clerk. Certified copies are available.
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