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Resolution of the Mayor and Council of Princeton Endorsing the Municipal Housing Element and Fair Share Plan as Adopted by the Princeton Planning Board and Adopting the Spending Plan Annexed thereto as Princeton’s Fourth Round Spending Plan
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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 March 20, 2024, Governor Murphy signed P.L.2024, c.2. into law, amending the Fair Housing Act of 1985, N.J.S.A. 52:27D-301, et seq., to establish a new framework for determining and enforcing municipalities’ affordable housing obligations under the New Jersey Supreme Court’s Mount Laurel doctrine and the Act (the “FHA”); and
WHEREAS, pursuant to N.J.S.A. 52:27D-304.1(f)(1)(b) of the FHA, each municipality was to adopt a binding resolution no later than January 31, 2025, determining and setting forth its present and prospective fair share obligations for the Fourth Round of Affordable Housing Obligations (“Fourth Round”); and
WHEREAS, the Municipality of Princeton (“Municipality” or “Princeton”) adopted Resolution No. 25-51 on January 27, 2025, identifying its present and prospective need fair share obligations for the Fourth Round as follows:
Present Need: 60 units
Prospective Need: 276 units
WHEREAS, in accordance with the FHA and Administrative Directive #14-24 issued by the Administrative Office of the Courts on December 13, 2024 (“Administrative Directive #14-24”), the Municipality filed a Complaint for Declaratory Judgment entitled In the Matter of the Application of the Municipality of Princeton in Mercer County, Docket No. MER-L-000207-25 on January 28, 2025, identifying its present and prospective fair share obligations for the Fourth Round as set forth above, and committing to adopting and submitting a Fourth Round Housing Plan Element and Fair Share Plan (“HEFSP”) as required by the FHA; and
WHEREAS, on March 25, 2025, the Hon. Robert Lougy, A.J.S.C., issued an Order Fixing Municipal Obligations for “Present Need” and “Prospective Need” for the Fourth Round Housing Cycle in accordance with the obligations as set forth above, and authorizing Princeton to proceed with preparation and adoption of its proposed HEFSP; and
WHEREAS, pursuant to N.J.S.A. 52:27D-304.1(f)(2)(a), each municipality must adopt a HEFSP and propose drafts of the appropriate zoning and other ordinances and resolutions to implement its present and prospective obligations no later than June 30, 2025; and
WHEREAS, pursuant to Administrative Directive #14-24, “[after] the entry of an order determining present and prospective fair share obligations, the municipality must file with the Program its adopted housing element and fair share plan… within 48 hours after adoption or by June 30, 2025, whichever is sooner”; and
WHEREAS, pursuant to N.J.S.A. 52:27D-329.2, each municipality is required to include in its HEFSP, “a spending plan for current funds in the municipal affordable housing trust fund and projected funds through the current round.”; and
WHEREAS, the Municipality has prepared a 2025 Fourth Round HEFSP; and
WHEREAS, in accordance with N.J.S.A. 52:27D-329.2, the Fourth Round HEFSP includes a 2025 Spending Plan (“Spending Plan”) as Appendix “U”;
WHEREAS, upon notice duly provided pursuant to N.J.S.A. 40:55D-13, the Princeton Planning Board held a public hearing(s) on the Fourth Round HEFSP on June 25, 2025, and following the public hearing, adopted the HEFSP the same day; and
WHEREAS, the Municipality now seeks to endorse the Fourth Round HEFSP and adopt its Fourth Round Spending Plan in accordance with the requirements of the FHA.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of Princeton, County of Mercer, State of New Jersey, on this 26th day of June, 2025, as follows:
1. Princeton hereby endorses the 2025 Fourth Round Housing Plan Element and Fair Share Plan as adopted by the Princeton Planning Board on June 25, 2025.
2. Princeton hereby adopts the 2025 Spending Plan (Appendix U of the HEFSP) as Princeton’s Fourth Round Spending Plan as required by N.J.S.A. 52:27D-329.2.
3. Princeton hereby authorizes and directs its Affordable Housing Counsel to take all actions required by the FHA and Administrative Directive #14-24, including but not limited to, filing of the following items with the Court as part of the Municipality’s Declaratory Judgment action, Docket No. MER-L-207-25:
a. The 2025 Fourth Round Housing Plan Element and Fair Share Plan, as adopted by the Princeton Planning Board on June 25, 2025;
b. The Princeton Planning Board Resolution adopting the Fourth Round HEFSP;
c. This Resolution, endorsing Princeton’s Fourth Round HEFSP and adopting the Municipal Fourth Round Spending Plan; and
d. Proposed draft ordinances, resolutions and other compliance submissions, if any, as required by the FHA.
4. The Mayor, Administrator, Clerk, Attorneys, Planners, and other appropriate officers, employees, staff and professionals, are hereby authorized and directed to prepare and execute any and all such other documents and undertake any and all such further acts as may be necessary or required to effectuate the actions set forth herein and comply with all Fourth Round affordable housing obligations as required by the FHA and Administrative Directive #14-24.
5. Princeton reserves the right to amend the HEFSP in the event that such amendment is necessary to comply with its Fourth Round affordable housing obligations, the FHA, and/or Administrative Directive #14-24.
6. This Resolution shall take effect immediately.