BOROUGH OF BERGENFIELD
PUBLIC NOTICE OF FAIRNESS HEARING TO CONSIDER AND APPROVE SETTLEMENT OF MOUNT LAUREL/AFFORDABLE HOUSING LITIGATION
PLEASE TAKE NOTICE that a “Fairness Hearing” has been scheduled for June 10, 2020 at 10:00 in the morning before the Honorable Gregg A. Padovano, J.S.C., Superior Court of New Jersey at the Bergen County Justice Center (Courthouse Building), located at 10 Main Street, Courtroom 331, Hackensack, New Jersey 07601,(IF THE COURTHOUSE IS OPEN TO THE PUBLIC) to consider a proposed Settlement Agreement between the Borough of Bergenfield and the Fair Share Housing Center (“FSHC”) in the Mount Laurel/Affordable Housing action entitled In the Matter of the Application of the Borough of Bergenfield, a Municipal Corporation of the State of New Jersey, Docket No. BER-L-6715-15. Through this judicial proceeding, the Court will evaluate whether the proposed Settlement Agreement between the Borough of Bergenfield and FSHC is fair and reasonable to the housing region’s very low, low and moderate income households, according to principles set forth in Morris County Fair Housing Council v. Boonton Tp., 197 N.J. Super. 359 (Law Div. 1984), aff’d o.b., 209 N.J. Super 108 (App. Div. 1986) and East/West Ventures v. Borough of Fort Lee, 286 N.J. Super. 311 (App Div. 1996) and to determine whether the settlement agreement creates a realistic opportunity for the satisfaction or partial satisfaction of the Borough’s affordable housing obligations.
IF THE COURTHOUSE REMAINS CLOSED TO THE PUBLIC 48 HOURS PRIOR TO THE SCHEDULED FAIRNESS HEARING THE HEARING may take place by video conference. Information regarding courthouse closings is available online at www.njcourts.gov and, if the courthouse remains closed to the public 48 hours prior to the scheduled fairness hearing, any interested party may contact the Borough of Bergenfield Clerk at This email address is being protected from spambots. You need JavaScript enabled to view it. and/or the Borough of Bergenfield attorney’s office at This email address is being protected from spambots. You need JavaScript enabled to view it. and provide full contact information including full name, business affiliation (if applicable) address, day-time telephone number and email address in order to determine how they can participate in the hearing.
The purpose of the hearing is to consider whether the Borough’s plan as summarized in the settlement agreement provides a realistic opportunity to satisfy the Borough’s rehabilitation, Prior Round and Third Round “Fair Share” of the regional need for housing affordable to very-low income, 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 mater of In re: N.J.A.C. 5:96 & 5:97, 221 N.J. 1 (2015) and other applicable laws and judicial decisions. The terms of the settlement have been memorialized in a final “Settlement Agreement executed on behalf of the Borough and FSHC. The Settlement Agreement provides details of the Borough’s affordable housing obligations and compliance mechanisms and addresses existing components of the Borough’s affordable housing obligations for the period of 1987-2025, including the Borough’s Present Need Obligation (or rehabilitation obligation). The Settlement Agreement is available for public inspection and/or photocopying through the Office of the Borough Clerk, Borough of Bergenfield, 198 North Washington Avenue, Bergenfield, N.J. 07621 and/or the Borough of Bergenfield website at www.Bergenfield.com.
On the date of the Fairness Hearing, the Borough will seek an order formally approving the Settlement Agreement, subject to appropriate conditions, if any, that may be imposed by the Court, which order will entitle the Borough to protection from any Mount Laurel or builder’s remedy lawsuits for a period to be determined by the Court. Any interested person may appear and be heard at the June 10, 2020 hearing and may have the opportunity to present evidence, testimony or comment in connection with the proposed Settlement Agreement. Objections or comments by any interested person must be filed with the Court in advance on or before May 26, 2020 to the Court, Honorable Gregg A. Padovano, J.S.C. Bergen County Justice Center, Courtroom 331, Hackensack, N.J. 07601 with duplicate copies forwarded by mail and email to the attention of the following individuals: John L. Schettino, Esq., Law Offices of John L. Schettino, LLC, 800 Main Street, Ste. 101, Hackensack, N.J. 07601, mail @jlslegal.com; Adam M. Gordon, Esq., Fair Share Housing Center, 510 Park Blvd., Cherry Hill, N.J. 08002-3318, This email address is being protected from spambots. You need JavaScript enabled to view it.; Elizabeth K. McManus, LEED AP, PP, AICP, Kyle & McManus Assoc., P.O. Box 236, Hopewell, N.J. 08525, This email address is being protected from spambots. You need JavaScript enabled to view it..
This notice is provided pursuant to the direction and order of the Court and is intended to inform interested parties, persons and entities of the Settlement Agreement, the fairness hearing to be conducted on the Settlement Agreement and inform interested parties, persons and entities that they are able to comment on the Settlement Agreement before the Court determines whether to approve the Settlement Agreement. This notice does not indicate any view of the Court as to the fairness, reasonableness or adequacy of the Settlement Agreement or whether the Court will approve the Settlement Agreement.
John L. Schettino, Esq.
Attorney for the Borough of Bergenfield