Draft_October 2025_West Orange_HEFSP_with Appendices

Township of West Orange October 2025 Essex County, New Jersey Draft Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- TOWNSHIP OF WEST ORANGE’S HISTORY OF AFFORDABLE HOUSING The Township of West Orange has a history of participation and compliance with COAH. The Township participated in the Second Round and received their substantive certification on October 11, 1995, with an extended certification date of December 20, 2005. The Township’s Second Round certification expired on December 20, 2005. Subsequently, the Planning Board of West Orange Township adopted a Housing Element and Fair Share Plan on November 5, 2008. The Township received Third Round substantive certification from COAH on December 9, 2009. However, a large majority of COAH’s third round regulations were invalidated by the Appellate Division on October 10, 2010. Further, in response to Mount Laurel IV, the Township filed its complaint for a Declaratory Judgement on July 7, 2015 (Docket No. ESX-L-4697-15). West Orange subsequently adopted an amended Fair Share Plan on April 4, 2017. A settlement agreement with the Fair Share Housing Center (“FSHC”) and Redwood, LLC. (“Redwood”) was executed on April 6, 2020 (“FSHC Settlement Agreement”, see Appendix A). Also in 2020, a builder’s remedy litigation was initiated by WEHI and the Association. A second settlement agreement with the Township, WEHI, and the Association was executed on April 23, 2020 (“WEHI Settlement Agreement”, see Appendix B). A Fairness Hearing was held on July 10, 2020, and in an Order dated August 3, 2020, the Court approved both settlement agreements and deemed the agreements fair and reasonable and that they adequately protect the interest of low- and moderate-income households (Appendix C). The Township adopted a Housing Element and Fair Share Plan on November 17, 2020, effectuating the Court-approved settlement agreements. After a further hearing on February 18, 2021, West Orange Township was granted a Final Order of Judgement of Compliance on March 17, 2021 (Appendix D). West Orange Township continues to take steps to satisfy its affordable housing obligation. On January 28, 2025, in accordance with the standards established by the amended FHA and described above, the Township

ge Township continues to take steps to satisfy its affordable housing obligation. On January 28, 2025, in accordance with the standards established by the amended FHA and described above, the Township adopted Resolution #67-25. This resolution accepted the DCA-generated obligation, to establish its Fourth Round housing obligation, and thus guaranteed protection from builders’ remedy suits (Appendix E) until June 30, 2025. This Fourth Round HE/FSP sets forth mechanisms in order to address the Township’s affordable housing obligations and has been prepared in accordance with the Fair Housing Act as most recently amended (P.L.2024, c.2). 12