West Orange Fourth Round HEFSP_adopted 111025_Appendices

KMA KYLE¢ MCMANUS ASSOCIATES 1.0 INTRODUCTION This report has been prepared and submitted in my capacity as Special Master to assist the Court in the upcoming Compliance Hearing before the Honorable Robert H. Gardner, J.S.C. on February 18, 2021 In the Matter of the Application of the Township of West Orange, Docket No. ESX-L-4697.15. The following Report reviews and recommends whether the Township’s adopted 2020 Housing Element and Fair Share Plan (hereinafter the “Housing Pian”) is consistent with the Township's 2020 Settlement Agreement with Fair Share Housing Center (hereinafter the “2020 Settlement Agreement”), the and the accompanying Order on Fairness and Preliminary Round 3 Mount Laurel Compliance issued by the Honorable Robert H. Gardner, J.S.C. dated August 3, 2020 (hereinafter the “Order on Fairness”), as well as the applicable rules of the Council on Affordable Housing (hereinafter “COAH”) (N.J.A.C. 5:93), the Fair Housing Act (N.J.S.A. 52:27D-301 et seq), and relevant case law. The hearing notice adequately describes the hearing and directs comments to be distributed not later than January 11, 2021. | am not aware of any objections. 2.0 | BACKGROUND The Township of West Orange has a history of affordable housing compliance. The Township received second round substantive certification from COAH on October 11, 1995, with an extension through December 20, 2005 granted on February 9, 2005. The Township received third round substantive certification on December 9, 2009. The Township filed for Declaratory Judgment on July 21, 2015. There are two intervenors in this case — WEHI was granted intervention on December 4, 2015 and Redwood, LLC (hereinafter “Redwood”) was granted intervention on December 1, 2017. The Township executed a Settlement Agreement with Fair Share Housing Center (hereinafter “FSHC”) on April 17, 2020; Redwood is a signatory to this agreement as well. The also Township executed a Settlement Agreement with West Essex Highlands, Inc. (hereinafter “WEHI") on April 17, 2020. Both Settlement Agreements were approved by the Honorable Robert H. Gardner, J.S.C. via an Order an Fairness and Preliminary Round 3 Maunt Laure! Compliance dated August 3, 2020. Township of West Orange | Docket No.: ESX-L-4697-15 February 15, 2021 Compliance Hearing Pagel