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Notice of Fairness and Preliminary Compliance Hearing Regarding Affordable Housing

NOTICE OF FAIRNESS AND PRELIMINARY COMPLIANCE HEARING FOR THE
TOWN OF KEARNY, COUNTY OF HUDSON, REGARDING A SETTLEMENT
AGREEMENT RELATED TO THE TOWN’S OBLIGATION TO PROVIDE
AFFORDABLE HOUSING TO LOW AND MODERATE-INCOME HOUSEHOLDS
DOCKET NO.: HUD-L-2880-15

PLEASE TAKE NOTICE that on January 20, 2021, beginning at 10:00 a.m., there will be a Fairness and Preliminary Compliance Hearing (“Hearing”) before the Honorable Joseph A. Turula, P.J.Cv. in the Matter of the Application of the Town of Kearny Town, County of Hudson, bearing Docket No. HUD-L-2880-15 (“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 Town of Kearny (“Town”) and Fair Share Housing Center (“FSHC”) are fair and reasonable to very low-, low-, and-moderate income households and create a realistic opportunity for satisfaction of the Town’s affordable housing obligations. The Court will also consider whether the Town’s affordable housing plan as set forth in the Settlement Agreement, satisfied the Town’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 very low-, 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 Town’s affordable housing obligations, including the Town’s Present Need Obligation (or rehabilitation obligation) of 168 units and its Prior Round obligation of 211 units. The Town has a Third Round obligation of 0 units. The executed Settlement Agreement provides a detailed list of the Town’s total affordable housing obligation and compliance mechanisms demonstrating the Town’s compliance with those affordable housing obligations. The Settlement Agreement is electronically accessible for inspection from the Town’s Website (https://www.kearnynj.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 Town Clerk’s office located at Kearny Town Hall, 402 Kearny Ave,
Kearny, N.J. 07032.

Any interested person may seek to appear and be heard at the January 20, 2021 Hearing on the Settlement Agreement. 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 participate in the Hearing 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 information on how to participate. Objections or comments by any interested person must be filed with the Honorable Joseph A. Turula, P.J.Cv., W. J. Brennan Courthouse, 583 Newark Avenue, 2nd Floor, Jersey City, N.J. 07306, 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

Christine A. Nazzaro-Cofone, AICP/PP
Cofone Consulting Group, LLC
125 Half Mile Road – Suite 200
Red Bank, NJ 07701
ccofone@cofoneconsulting.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.