Final Compliance Hearing

View the Fully Executed August 10, 2020 Madison and Fair Share Housing Center Settlement Agreement here.

The Borough of Madison held a Special Council Meeting on November 16, 2020 to discuss out Affordable Housing Settlement Agreement and our two sites. The presentation from this meeting can be found here

Due to the COVID-19 Public Health Emergency, the hearing will be held via Zoom only, in compliance with the requirements from New Jersey Courts. 

Anyone wishing to participate in the meeting must submit their contact information to Michelle Spencer from Castano Quigley LLC by emailing mspencer@cq-law.com or calling 973-808-1234.

BOROUGH OF MADISON, COUNTY OF MORRIS

PUBLIC NOTICE OF FINAL COMPLIANCE HEARING  TO APPROVE SETTLEMENT AGREEMENT AND AFFORDABLE HOUSING PLAN RELATED TO THE BOROUGH’S OBLIGATION TO PROVIDE AFFORDABLE HOUSING TO LOW- AND MODERATE-INCOME HOUSEHOLDS

 DOCKET NO.: MRS-L-1694-15

PLEASE TAKE NOTICE that on April 29, 2021, beginning at 1:30 p.m., there will be a Final Compliance Hearing (“Hearing”) before the Honorable Michael C. Gaus, J.S.C. in the Matter of the Application of the Borough of Madison, County of Morris, bearing Docket No. MRS-L-1694-15 (“the Action”) which may be held in person, via a virtual Zoom proceeding, or some combination thereof, depending on the state of the continuing public health emergency.  

The purpose of the Hearing is for the Court to review and approve the Borough’s Housing Element and Fair Share Plan, including implementing ordinances (“Affordable Housing Plan”), as meeting the Borough’s obligation to provide a realistic opportunity to satisfy its rehabilitation, Prior Round and Third Round “fair share” of the regional need for housing affordable to low income and moderate income households pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301, et seq., the substantive, applicable regulations of the New Jersey Council on Affordable Housing (“COAH”), the New Jersey Supreme Court’s March 10, 2015 decision in the matter of In re N.J.A.C. 5:96 & N.J.A.C. 5:97, 221 N.J. 1 (2015) and other applicable laws.         

On the date of the Hearing, the Court will consider whether the Affordable Housing Plan, including the necessary implementing ordinances, fully addresses the existing components  of the Borough’s affordable housing obligations for the period 1987-2025. These include the Borough’s Present Need Obligation (or rehabilitation obligation) of 21 units, its Prior Round obligation of 86 housing units, and its Third-Round new construction obligation of 500 units. 

The Settlement Agreement and the Affordable Housing Plan provides a detailed list of the Town’s total affordable housing obligation and compliance mechanisms. These documents shall be electronically accessible for inspection from the Borough’s Website (https://www.rosenet.org) and copies shall be made available for public inspection and/or photocopying (at the requestor’s expense) during normal business hours at the Borough Clerk’s office located at 50 Kings Road, Madison, NJ 07940.

Any interested party that seeks to appear to be heard at the Hearing shall have the opportunity to present any position on the Affordable Housing Plan. There is a possibility this hearing will be held virtually/telephonically. If the Hearing is to be held in this manner, instructions on how to watch and participate in the Hearing will be posted on the Borough’s Website (https://www.rosenet.org) and may be obtained by contacting Michelle Spencer, Esq. at the office of Castano Quigley LLC at 973-808-1234 in advance of the hearing date for any updated information on how to participate in the hearing. Written objections or comments by any interested party, including any supporting documentation, proposed exhibits, and/or expert reports intended to be introduced at the Final Compliance Hearing, must be filed with the Court no later than April 9, 2021 at the following address: Honorable Michael C. Gaus, J.S.C., at the Superior Court of New Jersey, Sussex County Judicial Center, 43-47 High Street, Newton, New Jersey 07860 with duplicate copies to be forwarded by regular mail and electronic mail to the following persons:      

Gregory J. Castano, Jr., Esq.
Castano Quigley LLC
155 Passaic Avenue, Suite 340
Fairfield, NJ 07004
gcastano@cq-law.com 

Adam M. Gordon, Esq.
Fair Share Housing Center
510 Park Boulevard
Cherry Hill, NJ 08002
adamgordon@fairsharehousing.org 

Joseph H Burgis, P.P.
A.I.C. Burgis Associates, Inc.
25 Westwood Avenue
Westwood, NJ 07675
jhb@burgis.com 

This Notice is provided pursuant to directive of the Court and is intended to inform interested parties of the Borough’s Affordable Housing Plan and to inform such interested parties that they are able to comment on the Affordable Housing Plan before the Court reviews and evaluates whether to approve the Borough’s Affordable Housing Plan. This Notice does not indicate any view by the Court as to the Borough’s Affordable Housing Plan, including the adequacy of the Borough’s Plan or whether the Court will approve those Plan. 

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NOTICE OF FAIRNESS AND PRELIMINARY COMPLIANCE HEARING FOR THE BOROUGH OF MADISON, COUNTY OF MORRIS, REGARDING A SETTLEMENT AGREEMENT RELATED TO THE BOROUGH’S OBLIGATION TO PROVIDE AFFORDABLE HOUSING TO LOW- AND MODERATE-INCOME HOUSEHOLDS

DOCKET NO.: MRS-L-1694-15

PLEASE TAKE NOTICE that on December 8, 2020, beginning at 1:30p.m., there will be a continued Fairness and Preliminary Compliance Hearing (“Hearing”) before the Honorable Michael C. Gaus, J.S.C. in the Matter of the Application of the Borough of Madison, County of Morris, bearing Docket No. MRS-L-1694-15 (“the Action”) which may be held in person, via a virtual Zoom proceeding, or some combination thereof, depending on the state of the continuing public health emergency.  

The purpose of the Hearing is for the Court to consider whether the terms of a settlement agreement (“Settlement Agreement”) between the Borough of Madison (“Borough”) and Fair Share Housing Center (“FSHC”)  are fair and reasonable to low-and-moderate income households and create a realistic opportunity for satisfaction of the Borough’s affordable housing obligations. The Court will also consider whether the Borough’s affordable housing plan as set forth in the Settlement Agreement, satisfied the Borough’s obligation to provide a realistic opportunity to satisfy its Rehabilitation, Prior Round and Third Round “fair share” of the regional need for housing affordable to low and moderate income households pursuant to the Mount Laurel decisions and their progeny, the Fair Housing Act (N.J.S.A. 52:27D-301, et seq.) and the applicable procedural and substantive Regulations of the Council on Affordable Housing (“COAH”) and the Supreme Court’s March 10, 2015 decision in the matter of In re N.J.A.C. 5:96 & 5:97, 221 N.J. 1 (2015), and other applicable laws. 

The Settlement Agreement fully addresses the existing components of the Borough’s affordable housing obligations for the period 1987-2025, including the Borough’s Present Need Obligation (or rehabilitation obligation) of 21 units, its Prior Round obligation of 86 housing units, and its Third-Round new construction obligation of 500 units. The proposed Settlement Agreement provides a detailed list of the Borough’s total affordable housing obligation and compliance mechanisms demonstrating the Borough’s compliance with those affordable housing obligations.

The Settlement Agreement is electronically accessible for inspection from the Borough’s Website (https://www.rosenet.org) and copies of the Settlement Agreement shall be made available for public inspection and/or photocopying (at the requestor’s expense) during normal business hours at the Borough Clerk’s office located at 50 Kings Road, Madison, NJ 07940.

Any interested person may seek to appear and be heard at the December 8, 2020 continued hearing on the Settlement Agreement.  There is a possibility this hearing will be held virtually/telephonically. If the Fairness Hearing is to be held in this manner, instructions on how to watch and participate in the Fairness Hearing will be posted on the Borough’s Website (https://www.rosenet.org) and may be obtained by contacting Michelle Spencer, Esq. at the office of Castano Quigley LLC at 973-808-1234 in advance of the hearing date for any updated information on how to participate in the hearing.  Objections or comments by any interested person must be filed with the Honorable Michael C. Gaus, J.S.C. at the Sussex County Courthouse located at 43-47 High Street, 2nd Floor, Newton, NJ 07860 with duplicate copies forwarded by mail and/or email to the attention of the following:

Gregory J. Castano, Jr.,Esq.
Castano Quigley LLC
155 Passaic Avenue, Suite 340
Fairfield, NJ 07004
gcastano@cq-law.com  

Adam M. Gordon, Esq.
Fair Share Housing Center
510 Park Boulevard
Cherry Hill, NJ 08002
adamgordon@fairsharehousing.org 

Joseph H Burgis, P.P.
A.I.C. Burgis Associates, Inc.
25 Westwood Avenue
Westwood, NJ 07675
jhb@burgis.com

This Notice is provided pursuant to directive of the Court and is intended to inform interested parties of the proposed Settlement Agreement and inform such parties that they are able to comment on the Settlement Agreement before the Court reviews and evaluates whether to approve the Settlement Agreement. This Notice does not indicate any view by the Court as to the fairness, reasonableness, or adequacy of the Settlement Agreement or whether the Court will approve the Settlement Agreement.