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Resolution of the Mayor and Council of Princeton Authorizing a Fourth Round Affordable Housing Settlement Agreement with Fair Share Housing Center
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WHEREAS, the New Jersey Supreme Court, through its rulings in Southern Burlington County NAACP v. Mount Laurel, 67 N.J. 151 (1975) and Southern Burlington County NAACP 14 v. Mount Laurel, 92 N.J. 158 (1983), has 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 July 7, 2015, pursuant to the Court's Mount Laurel IV (In the Matter of the Adoption of N.J.A.C. 5:96 and 5:97, 221 N.J. 1 (2015)) decision, Princeton instituted a declaratory judgment action in the Superior Court of New Jersey, entitled In the Matter of the Application of the Municipality of Princeton in Mercer County, bearing Docket No. MER-L-1550-15, seeking a judgment of immunity and repose pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., for its "third round" affordable housing obligations (the "Third Round DJ Action"); and
WHEREAS, Fair Share Housing Center ("FSHC") was an interested party in the Third Round DJ Action; and
WHEREAS, Princeton and FSHC entered into a settlement agreement in the Third Round DJ Action on December 18, 2019, agreeing upon and setting forth Princeton's plan to meet its third round affordable housing obligations, with said settlement approved by the Court at a Fairness Hearing held on February 7, 2020 and memorialized by Order entered on February 20, 2020; and
WHEREAS, Princeton implemented and complied with the terms of its third round Settlement Agreement with FSHC and obtained a Conditional Judgment of Compliance and Repose from the Court in the Third Round DJ Action on December 10, 2020, and a Final Judgment of...
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