Draft_October 2025_West Orange_HEFSP_with Appendices

ESX L 004697-15 03/17/2021 Pg 5 of 7 Trans ID; LCV2021582301 which are allached hereto, were marked into evidence; and the Court having considered the testiinony of Shirley Bishop and Paul Grygicl taken during the Fairness Hearing, as well as the statements of counsel; and the Court having conducted a further hearing on February 18, 2021 concerning compliance with the approved settlements evidence during the Fairness Hearing; and the Court having considered the report dated February [5, 2021 of the Special Master (the “Special Master Report”), the testimony taken dwing the Compliance Hearing, as well as the comments of counsel; and good cause having been shown; ITISonthis_‘7th day of March 2021; ORDERED as follows: 1. Subject to the satisfaction of the open issues referenced during the Compliance Hearing, the Township of West Orange’s Fair Share Plan creales a realistic opportunity for the production of affordable housing and is hereby approved and the Township is granted a Judgment of Compliance and Repose as to its Rehabilitation Share, its Prior Round Obligation (1987-1999), and its Third Round Obligation (the last comprised of both the Gap (1999-2015) and the Prospective (2015-2025) Needs), pursuant lo the Court approved Settlement Agreement entered into between the Township and FSHC on May 6, 2020, the Fair Housing Act (N..S.A. $2:27D-301, et. seq.)(“FHA”), the Uniform Housing Affordability Controls (N.ILA.C, 5:80-26.1, et seq.) (“UHAC”), applicable Council on Affordable Housing (hereinafter “COAH”) substantive rules, and Mount Laurel case law, including the New Jersey Supreme Courl’s Mount Laurel IV decision. 2. The Township’s Judgment of Compliance and Repose shall remain in effect for len (10) years beginning on July 6, 2015 and ending on July 6, 2025, and during this ien (10) year period the Township shall have immunity froin all Mount Lauret lawsuits, including, but not 4843.6094.9729, y. 1

ESX L004697-15 03/17/2021 Pg 6 of 7 Trans ID: LCV2021582301 limited w, Builder’s Remedy lawsuits, other than actions brought to enforce the terms of the Settlement Agreement or the Court's orders. 3, As per the Settlement Agreement between the Township and FSHC, which was approved by the Court during a Faimess Hearing held on Juiy 10, 2020 and was memorialized by the Court in an Order entered on August 3, 2020, the Township's Rehabilitation Share is 305, the Township’s Prior Round Obligation (1987-1999) is 226, and the Township’s Third Round Obligation (1999-2025) is 954, reduced to 421 as a result of a vacant land adjustment. 4, The Township is addressing its Prior Round Obligation of 226 as set forth in the Special Master Report. 5. The Township is addressing its Round 3 obligation of 421 as sct forth in the Special Master Report. 6. The Township has also implemented the additional compliance mechanisms as set forth in the Special Master Report, 7. Based on testimony given during the February 18, 2021 Compliance Hearing, Conditions 1, 8 and 10 on Pages 11-12 of the Special Master Report are hereby deemed fully satisfied. 8. Short-tenn conditions 2, 3, 4, 5, 6', 7 and 9 on Pages t1-12 in the Special Master Report shall be addressed and resolved by the Township within nincty (90) days of February 18, 2021, by which date the Township shall submit a status update report to the Court, the Special Master and FSHC. Said deadline can only be extended if the Township, the Special Master, FSHC, and the Court agree to such an extension. ? With regard to the Selecto Flash site, the agreement contemplated will be a redevelopment agecement. 2 With regard to Condition No. 7, the Township shall adopt a zoning amendment because this site is not part of any redevelopment area due to the Appellate Division Decision dated September 11, 2020, 4843-6094-9729, v. 1

ESX L 004697-15 = 03/17/2021 Pg 7 of 7 Trans ID; LCV2021582304 9. The Township shali continuc to address the long-term conditions on Page 11 in the Specia! Master Report, which can only be modified if the Township, the Special Master, and FSHC agree to such a modification, for the remainder of the Third Round. 10. Subject to the deadlines established above, upon the Special Master receiving, reviewing, and approving the additional documents and revisions required by the short-tenn conditions contained herein, the Special Master shall advise the Court thal said short-term conditions have been satisfied. Upon such notification, the Township will provide the Court with a form of Order that will indicate that all of the short-term conditions have been satisfied, and that the Township’s condilional Judgment of Compliance and Repose has become a Final Judgment of Compliance and Repose, with only the long-term conditions remaining. 11. The Township’s updated and adopted Development Fee Ordinance is hereby approved by the Court. 12. Counsel for the Township shall provide copies of this Order to the Township’s Service List within seven (7) days of the date hereof per the Rules of Court, 13. The parties shall within ten (10) days pay any oulstanding invoices owed to Special Master McManus. and shall so advise this Court with an appropriate Cerlification stating same has been complied with. [SL abu W parctnan, X unopposed HONORABLE ROSERT H. GARDNER JUDGE OF THE SUPERIOR COURT 4543-6084-9724, v. 4

Pg 1 of 7 Trans ID: LCV2021982301 03/17/2021 ESX L 004697-15 Case Details | Case Number: ESX-L-004697-15 Case Caption: IN RE TOWNSHIP OF WEST ORANGE Court Type: Civil Part Venue: ESSEX Case Type: MT. LAUREL Case Status: ACTIVE Case Track: 4 Judge: GARDNER, ROBERT, H # of Discovery Days: 1015 Age of Case: 05 YR 08 MO Original Discovery End Date: 03/12/2017 Current Discovery End Date: 09/28/2018 Original Arbitration Date: Current Arbitration End Date: Original | Date: Current Trial Date: Case Disposition: OPEN Disposition Date: Transaction Information Case Initiation Date : 07/07/2015 Jury Demand: NONE Team: 1 Consolidated Case: ¥ # of DED Extensions: 2 # of Arb Adjournments: 0 4 of Trial Date Adjournments: 0 Statewide Lien: N Transaction (D: LCV2021573664 Received by Ecourts On: 03/16/2021 Total Payment Amount: $0.00 Documents Received: GENERAL CORRESPONDENCE

ESESX L 004697-15 08/03/2020 Pg 1 of 9 Trans ID: LCV20201360647 20 cx pe est 8 McMANIMON + SCOTLAND + BAUMANN + Avenue, NIO7OG8 (973) 622-1600 Writer's Direct Dial: (973) 721-3039 rtrenk@ msbnj.com Client No, 50027-0349 July 28, 2020 Via cCourts Honorable Robert H, Gardner Superior Court af New Jersey Historic Courthouse, Room 404 470 Martin Luther King, Jr. Blvd. Newark, NJ 07102 Re: In the Matter of the Application of the Township of West Orange Docket No, ESX-L-4697-15 Fairness and Preliminary Compliance Hearing ~ July 10, 2020 Dear Judge Gardner: Pursuant to the Court’s evidentiary findings and rulings, please find enclosed a proposed form of Order. Prior to submitting this to the Court, I circulated it to all counsel and parties-in- interest for their input. f have incorporated all comments received. If this meets with the Court’s approval, kindly enter the original and upload samc on eCourts, Thank you for the Court’s consideration. Respectfully submitted, 4sf Richard D. Trenk Richard D. Trenk RDT/cd Enclosure cc: Elizabeth McManus, PP, AICP, LEED AP {via e-mail) Bryan D. Plocker, Esq. (via c-mail) Richard J. Hoff, Jr., Esq. (via e-mail) Joshua D. Bauers, Esq. (via e-mail) Adam M., Gordon, Esq. (via e-mail) Kenneth R. Sauter, Esq. (via e-mail) Shirley Bishop, P.P. (via e-mail) Paul Grygiol, ACIP, PP (via e-mail) Wayne DeFeo (via e-mail) MePtanimon, Seetfard & Gaumana, LLC Newark « ROMAARQ + OMGRTRL BEV VAL

ESXL 004697-1 5 03/17/2021 Pg 2 of ? Trans ID: LCV2021582301 AG © 8 nests tT sn + SCOTLAND ~ aan 75 Livingsten : « NJO7OBR Richard D. Trenk, Esq. Writer’s Dircet Dial; (973) 721-5039 ctrenk@msbni.com Client No. $00027-0349 March 16, 2021 Via cCourts Honorable Robert H, Gardner Superior Court of New Jersey Historic Courthouse, Room 404 470 Martin Luther King, Jr. Blvd. Newark, NJ 07102 Re; In the Matter of the Application of the Township of West Orange Docket No. ESX-L-4697-15 Compliance Hearing — February 18, 2021 Dear Judge Gardner: Pursuant to the Court's evidentiary findings and rulings, please find enclosed a proposed form of Order of Judgment of Compliance and Repose. Prior to submitting this to the Court, I circulated it to Ms, McManus and Mr, Bauers, I have incorporated all comments received. If this meets with the Court’s approval, kindly enter the original and upload same on eCourts. ‘Thank you for the Court's consideration. Respectfully submitted, /s/ Richard D, Trenk Richard D. Trenk RDT/cd Enclosure ce: Elizabeth McManus, PP, AICP, LEED AP (via c-mail) Bryan D. Plocker, Esq. (via e-mail) Richard J. Hoff, Jr., Esq. (via e-mail) Joshua D, Bauers, Esq. (via e-mail!) Adam M. Gordon, Esq. (via e-mail) Kenneth R. Sauter, Esq. (via e-mail) Shirley Bishop, P.P. (via c-raail) Paul Grygiel, ACIP, PP (via e-mail} Wayne DeFeo (via e-mail) Newark - Rogiitd agZfiaragey 4

EXHIBIT WO-1 (Fair Share Housing Settlement Agreement)

Peter J.O’Connor, Esq. " ‘Adam M. Gordon, Esa. F Al R S H ARE Laura Smith-Denker, Esq. : Dovid T, Rammnler, E: HOUSING CENTER Joshua D, Bouers, £59. Bossam F. Gergi, Esq. April 6, 2020 Richard Trenk, Esq. McManimom Scotland and Baumann 75 Livingston Avenue Roseland, NJ 07068 Re: In the Matter of the Township of West Orange, County of Essex, Docket No. ESX-L-4697-15 Dear Mr. Trenk: This letter memorializes the terms of an agreement reached between the Township of West Orange (the Township or “West Orange”), the declaratory judgment plaintiff, and Fair Share Housing Center (FSHC), a Supreme Court-designated interested party in this matter in accordance with In re N.J.A.C. 5:96 and 5:97, 221 NJ. 1, 30 (2015) (Mount Laurel IV) and, through this settlement, a defendant in this proceeding. Background West Orange Township filed the above-captioned matter on July 21, 2015 seeking a declaration of its compliance with the Mount Laurel doctrine and the Fair Housing Act of 1985, N.J.S.A. 52:27D-301, et seq., in accordance with Jn re N.J.A.C. 5:96 and 5:97, supra, Through the declaratory judgment process, the Township and FSHC have agreed to settle the litigation and to present that settlement to the trial court with jurisdiction over this matter to review, recognizing that the settlement of Mount Laurel litigation is favored because it avoids delays and the expense of trial and results more quickly in the construction of homes for lower-income households. Settlement terms The Township and FSHC hereby agree to the following terms: 1. FSHC agrees that the Township, through the adoption of a Housing Element and Fair Share Plan conforming with the terms of this Agreement (hereafter “the Plan”) and through the implementation of the Plan and this Agreement, satisfies its obligations under the Mount Laurel doctrine and Fair Housing Act of 1985, N.J.S.A. 52:27D-301, et seq., for the Prior Round (1987-1999) and Third Round (1999-2025). 2. Atthis time and at this particular point in the process resulting from the Supreme Court's Mount Laurel IV decision, when Third Round fair share obligations have yet to be definitively determined, it is appropriate for the parties to arrive at a settlement regarding a municipality's Third Round Obligation instead of doing so through plenary adjudication of the Third Round Obligation. 3. FSHC and West Orange hereby agree that West

arrive at a settlement regarding a municipality's Third Round Obligation instead of doing so through plenary adjudication of the Third Round Obligation. 3. FSHC and West Orange hereby agree that West Orange’s affordable housing obligations are as follows: 510 Park Blvd. * Cherry Hill, New Jersey 08002 « 856-665-5444 + fax: 856-663-8182 + www. fairsharehousing.org

April 6, 2020 Pagez Rehabilitation Share (per Kinsey Report") 305 Prior Round Obligation (pursuant to N.J.A.C. 5:93) 226 Third Round (1999-2025) Obligation (per Kinsey | 954 Report, as adjusted through this Agreement) 4. For purposes of this Agreement, the Third Round Obligation shall be deemed to include the Gap Period present need for new construction to address the affordable housing needs of households formed from 1999-2015, a need that was recognized by the Supreme Court in In re Declaratory Judgment Actions Filed By Various Municipalities, 227 NJ. 508 (2017), and the Prospective Need, which is a measure of ihe affordable housing need anticipated to be generated between July 1, 2015 and June 30, 2025. . The Township's efforts to meet its Rehabilitation Share include the following: West Orange has contracted with Community Action Services {CAS} to operate a tehabilitation program for both rental and owner occupied units which is entirely funded through West Orange's affordable housing trust fund. West Orange will provide a valid contract with CAS es part of achieving compliance. West Orange also perticipates in the Essex County rehab program. This is sufficient to satisfy the Township's present need abligation of 305 units. . As noted above, the Township has a Prior Round (new construction} Obligation of 226 units, which is met through the following compliance mechanisms: Name of Development #of Units | Bonus | Total Status Degnan House {age-restricted) 10 0 10 Completed Federation Plaza {age-restricted} 92 0 92 Completed Wedgewood Avenue (supportive 2 bedrooms 2 4 Completed housing) 30-32 Kingsley (supportive housing) 8 bedrooms 0 8 Completed 4 Marmon Terrace (supportive housing} | 6 bedrooms 6 12 Completed Merrywood Drive (supportive housing) § bedrooms 6 10 Completed PRISM Redevelopment (family rental) 44 44 88 Phase 1 is completed; Phase 2 is approved wi developer's agreement in place Habitat for Humanity (family for-sale) 2 Q 2 Completed TOTAL 169 57 226 -~ ’ David N. Kinsey, PhO, PP, FAICP, NEW JERSEY LOW AND MODERATE INCOME HOUSING OBLIGATIONS FOR 1999-2025 CALCULATED USING THE NJ COAH PRIOR ROUND (1987-1999) METHODOLOGY, May 2016.