West Orange Fourth Round HEFSP_adopted 111025_Appendices

KMA KYLE-+ MCMANUS ASSOCIATES other developers or administrative agencies conducting affirmative marketing shall provide notice to those organizations of any available units. Satisfied. 9. On the first anniversary of the execution of the Settlement Agreement, and every anniversary thereafter through the end of the Agreement, the Township agrees to provide a status report of all affordable housing trust fund activity. Compliance with this item will be determined at the appropriate time. 10. The Township shall submit its midpoint realistic opportunity review on or before July 2, 2020, as required pursuant to N.J.S.A. 52:27D-313. This midpoint review permits any interested party, such as FSHC, to request by motion a Court hearing regarding whether any sites in the Township’s compliance plan no longer present a realistic opportunity for affordable housing development and should be replaced. While this review is statutorlly sanctioned and certainly reasonable, in the event the Court finds that an affordable housing site or other compliance mechanism should be replaced | recommend that the Township be given the opportunity to supplement Its Fair Share Plan to correct any deficiency while being protected by immunity from bullder remedy litigation. This municipal opportunity to remedy a defect is certainly warranted since the plan which is being amended was approved by the Court. The Township should indicate if this was completed. 41. Within 30 days of every third anniversary of the Agreement the Township will publish on its website and submit to FSHC a status report regarding its satisfaction of the very-low income requirement pursuant to N.J.S.A. 52:27D — 329.1, Compliance with this item will be determined at the appropriate time. 5.0 CONCLUSION As directed by the Court, | have reviewed the 2020 Housing Element and Fair Share Plan of the Township of West Orange and its supporting ordinances and exhibits for compliance with the Township's Settlement Agreement with FSHC. The Housing Plan is consistent with the Court-approved Settlement Agreement, the Fair Housing Act, and COAH’s Second Round rules; however, there are a few deficiencies that must be addressed. The following provides a summary of the recommendations contained herein: 1. The Township should submit a sample affordability control for the municipal rehabilitation program. 2. The Township

ssed. The following provides a summary of the recommendations contained herein: 1. The Township should submit a sample affordability control for the municipal rehabilitation program. 2. The Township should submit the Degnan’s House affordability controls and identify the units which are eligible for credit Township of West Orange | Docket No.: ESX-L-4697-15 February 15, 2021 Campliance Hearing Page 11