Yes on 119-unit ‘fair share’ obligation; ‘no acres developable’

Affordable Housing Park Ridge

PARK RIDGE—The Borough Council unanimously adopted a resolution on Jan. 29 that reduced its fourth round “prospective need” obligation for affordable housing to 119 units, lowering it from the 138-unit recommendation made in October by the state Department of Community Affairs.

Moreover, the resolution also accepted the 137-unit “present need” rehabilitation obligation, which may be reduced by June 30 should the borough decide to conduct a Structural Conditions Survey, which is  allowed under the amended Fair Housing Act.

The resolution was approved as part of the Consent Agenda and no official or public comments were made at the meeting.  Efforts to reach Mayor Keith Misciagna for comment were not immediately returned.

In addition, the resolution makes clear that the two numbers for rehabilitation and new construction affordable housing are likely to be adjusted downward by the June 30 deadline for towns to submit their Housing Element and Fair Share Plan, which will implement measures to achieve their final “fair share” obligation number.

Most towns statewide were required to adopt a resolution stating their affordable housing obligations by Jan. 31, 2025 and file a declaratory judgment in their county’s Superior Court by Feb. 3, 2025. Resolutions are uploaded on a New Jersey eCourts website.

According to the resolution, the “prospective need” or new construction obligation number may be reduced by a vacant land adjustment “predicated upon a lack of vacant, developable or suitable land,” plus “durational adjustments” based on lack of sewer or water, or adjustments based on regional planning considerations such as Highlands or Meadowlands regional plans.

The resolution also reserves the borough’s right to adjust obligations based on successful Montvale litigation against the fourth round of affordable housing, other successful court challenges, or approved legislation signed by the governor that adjusts fourth round numbers.

An attached 10-page report from borough planner Burgis Associates alleges errors in the  state DCA’s “developable land” calculation, and suggests that local developable land has decreased from 4.08 acres to none.

Burgis said the inaccuracies included lands located on developed properties or environmentally constrained land; land on Open Space properties; and land located on properties with active site plan approvals and included in the Third Round affordable housing settlement.