Affordable Housing In Millburn: Budging On Main Street Building Unlikely, Town Says

MILLBURN, NJ — As residents and officials in Millburn continue debating where and how to add affordable housing in the township — in order to comply with decades-old state mandates — the town sent out an update to residents Monday.

A hearing that's been postponed numerous times is now scheduled for late February, the town said.

A year ago, the Millburn Township Committee approved a settlement with the Fair Share Housing Corporation, a non-profit activist group, to ultimately meet its housing obligation by 2025, including some new development.

But residents (and certain officials) objected to an all-affordable housing development proposed for 9-11 Main St., which would provide 75 units for families. A petition from residents protesting the building has amassed more than 2,000 signatures.

Some said that the building should have a mix of incomes, while others said they had environmental concerns with the site. READ MORE: Affordable Housing Building Draws Debate At Meeting

In one of the most expensive zip codes in the country, finding any sort of affordable housing in the township has been a struggle.

But each town in New Jersey must comply, due to a 1980s New Jersey court case in which residents of Mount Laurel sued that town over access to affordable housing.

Residents have been writing letters to the judge in the case, saying more public input is needed into the plan.

In November, a local group tasked with recommending new attorneys proposed an attorney to work with the town in complying. Jarrid Kantor, who had served as Livingston's town attorney, has been retained.

In December the town announced that a scheduled Affordable Housing Compliance Hearing about the settlement with Fair Share had been rescheduled for Jan. 13 via Zoom, then to Jan. 20.

The hearing was pushed back again, and now has been moved to Feb. 28.

New Information

Regarding the Main Street project, the town said Monday, "Per the results of the Case Management Conference held on January 13, 2023, Fair Share Housing was unwilling to renegotiate the terms of the 11 Main Street affordable housing development and stated the Township must move forward— with the possibility of court enforcement through implementation of a monitor. There are ongoing discussions."

The town said that Kantor has told them, “Fair Share Housing filed a motion to enforce litigant’s rights and establish a monitor to ensure the Township fulfills the 75 unit obligation. A monitor is somebody appointed by the court in addition to the special master—that would be at the cost of the Township—to make sure the agreement is being executed.”

The town said that at the Jan. 17 Township Committee meeting, Kantor shared seven steps the Township has been advised to take to remain in compliance with the settlement.

Kantor is scheduled to meet with Judge Cynthia Santamouro at a case management conference on Feb. 3, the town said.

Read the town's full Jan. 23, 2023 update here.

Read prior reporting and see links to more background here.

Post a letter on Patch about the matter here.