COURT HOUSE – As the Herald reported last week (https://bit.ly/3cPk3xg), the Fair Share Housing Center (FSHC), a nonprofit affordable housing advocacy group, instituted litigation that could strip Middle Township of its 2-year-old temporary judgment and subsequent grant of immunity that, among other things, protects it from exclusionary zoning litigation by developers.
Middle Township Business Administrator Kimberly Krauss June 14 issued a release, stating that a “balanced plan to chart a future course on affordable housing in the township is nearing final form.”
One week before, at Middle Township Committee’s June 7 meeting, governing body members said they had not yet seen the plan. Anthony Campisi, a spokesperson for the FSHC, said the center “would be very interested in seeing the town’s plans.”
In its release, Middle officials also maintain that the municipality’s immunity from suit is still intact. On what seems like a simple matter of fact, the two sides to the litigation disagree. Middle cites, as evidence of its continuing immunity, “a FSHC letter, dated March of 2021, stating that the FSHC consented to an extension of same.”
Campisi said that “it was up to the town to request continued immunity. They failed to do so, so it lapsed.”
Middle stated it would adopt a resolution June 21, “expressing Middle’s continued commitment to voluntary compliance” with affordable housing obligations.
The municipality is also “contemplating introducing and adopting a ‘mandatory set aside’ ordinance, which would require an affordable housing set aside for all developments of five or more residential units.”
Campisi said the municipal “officials have promised voluntary compliance for years, but have yet to actually deliver. Instead, they’ve rezoned land to pave the way for lucrative non-residential development.”
Despite the distance that appears to exist on each side’s position, the release stated, “The township’s team is confident that the outstanding issues with the FSHC can be resolved without having to litigate the pending motion.”
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