Borough of Roseland Midpoint Review Report

The Borough of Roseland’s Settlement Agreement with Fair Share Housing Center (“FSHC”) requires that the Borough comply with the statutory midpoint review requirements of the Fair Housing Act (“FHA”) and specifically N.J.S.A. 52:27D-313, which provides in relevant part: “[t]he Council shall establish procedures for a realistic opportunity review at the midpoint of the certification period and shall provide for notice to the public.” Pursuant to the FSHC Settlement Agreement, that review requires the Borough to post on its website, with a copy to FSHC, and an opportunity for comment, a status report regarding its compliance mechanisms and whether or not unbuilt sites/unfulfilled mechanisms continue to present a realistic opportunity. The Settlement also contemplates review of unmet need/deferred mechanisms, though the realistic opportunity for the construction of those mechanisms during the compliance period is not applicable.

On July 2, 2015, the Borough of Roseland filed a Declaratory Judgment Action, seeking to comply with its third round obligation in the manner prescribed by the Supreme Court in Mount Laurel IV. On November 7, 2019, the Borough entered into a global Settlement Agreement with FSHC. A Fairness Hearing was held on February 13, 2020, during which the Court approved the FSHC Settlement Agreement. The Borough is currently in the compliance phase of the Declaratory Judgment process, and a Compliance Hearing is being scheduled for the Fall. The Court will determine at the Compliance Hearing whether the Borough’s Housing Element and Fair Share Plan creates a realistic opportunity for the construction of affordable housing. This hearing will be noticed in advance and all documents will be placed on file with the Municipal Clerk for public inspection.