Affordable Housing. Settlement of Ridgewood s Affordable Housing Litigation. December 5, Elizabeth McManus, PP, AICP, LEED AP
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1 Affordable Housing Settlement of Ridgewood s Affordable Housing Litigation December 5, 2018 Elizabeth McManus, PP, AICP, LEED AP
2 New Jersey System Participating Municipalities: Voluntary Process with Incentives Housing Plan approval: COAH Substantive Certification or Court Judgment of Repose Immunity from litigation for 10 years Non-participating Municipalities: Risk of Builder s Remedy Developer awarded higher density housing with affordable housing via litigation
3 What is Affordable Housing? Affordable Home Sales Prices (illustrative) One-bedroom: $40,000 - $125,000 Two-bedroom: $45,000 - $140,000 Three-bedroom: $55,000 - $165,000 Affordable Rents (illustrative) One-bedroom: $350 - $850 Two-bedroom: $400 - $1,000 Three-bedroom: $450 - $1,100
4 The Obligation Rehabilitation (present need) 25% max senior 50% min low income 13% min very low income 25% min rental New Construction Obligation Prior Round ( ) Third Round ( )
5 The Rehabilitation Obligation 6-unit Obligation Bergen County Housing Rehabilitation Program Municipal rental program is waived
6 The Prior & Third Round Obligations Prior Round: 229-Units Calculated by COAH in 1993 Third Round: 664-units Negotiated in this process Total: 893-units
7 Prior & Third Round Vacant Land Adjustment RDP - Downward Adjustment to Reflect Lack of Land Completed in Prior Round (2004) Theoretical exercise Identify vacant and developable lands Calculate potential capacity for affordable housing Unmet Need - Difference between RDP and obligation
8 Prior & Third Round Vacant Land Adjustment 55-unit Realistic Development Potential (RDP) 0-unit RDP granted by COAH Increase based on land use changes 838-unit Unmet Need Surplus affordable units assigned Must create opportunities where appropriate
9 Satisfaction of the 55-unit RDP 15-unit Surplus Protects against increased RDP Existing Projects Ridgecrest Apartments: 12 of 129 units (senior rental) Woodside Gardens: 4 units (family sale) Broadway Condominiums: 4 units (family sale)
10 Satisfaction of the 55-unit RDP Approved Projects KS Broad: 60 market-rate units; 9 off-site affordable units Special needs rental units provided at the Enclave The Enclave: 39 market-rate units; 6 affordable units 15 total special needs rental units Ridgewood Dayton: 93 total units, 14 affordable units Family rental units Two Forty / Chestnut Village: 43 total units, 7 affordable units Family rental units
11 Chestnut Village KS Broad The Enclave Ridgewood Dayton
12 Satisfying the Unmet Need Existing Projects Ridgecrest Apartments: 12 of 129 units (senior rental) Group homes: 10 units (special needs rental)
13 Satisfying the Unmet Need New or Amended Zoning Downtown B1 & B2 Districts North Maple & Goffle Avenue B2 District AH3 District Valley Hospital Mandatory Set-aside Ordinance
14 Affordable Housing Sites Legend Redevelopment Zoning
15 Downtown B1 & B2 Districts 18 du/ac
16 North Maple B2 District du/ac
17 t Goffle Road B2 District du/ac
18 t AH3 District du/ac
19 tvalley Hospital affordable units
20 Work Plan Settlement Agreement Borough Professionals Council Approval Coordinate with Court Master & FSHC Fairness Hearing Court Hearing Order on Fairness & Preliminary Compliance Coordinate with Court Master & FSHC Approve Housing Plan Planning Board Adoption Council Endorsement Seek Court Approval Court Hearing Judgment of Repose
21 Court Approval of Housing Plan Court Hearing on Adopted Housing Plan Public comment Does it meet applicable rules? Judgment of Repose Compliance finding Ongoing monitoring Immunity from builder s remedy litigation Implementation of Housing Plan
22 Housing Element/Fair Share Plan Consideration of lands for affordable housing Satisfaction of rehabilitation obligation Satisfaction of prior round & third round obligations Probable future affordable housing stock Trust Fund: spending plan, development fee ordinance Housing, demographic, employment analysis Housing Plan Resolutions, draft ordinances, administration manuals
23 Questions? Elizabeth McManus, PP, AICP, LEED AP
In the Matter of the Village of Ridgewood, County of Bergen, Docket No. BER-L
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