Affordable Housing Background

Understanding Affordable Housing in Ewing Township

-- Introduction
-- Background
   -- New Jersey
   -- Ewing Township
-- Resources
-- Ewing Township
    -- Municipal Housing Liaison
    -- Affordable Housing Administrative Agent
-- Ewing Rehabilitation Program
-- Mercer County
-- State of New Jersey
-- Comprehensive Plans, Resolutions, and Ordinances
-- Housing & Community Development Assistance Programs

The New Jersey Supreme Court, in Mount Laurel I (1975) and Mount Laurel II (1983), established the doctrine that municipalities in New Jersey have a constitutional obligation to provide a realistic opportunity for the construction of low- and moderate-income housing in their communities.  In response to the Mount Laurel II decision, the New Jersey Legislature adopted the Fair Housing Act (FHA) in 1985. This act created the Council on Affordable Housing (COAH) to assess the statewide need for affordable housing, allocate that need on a municipal fair share basis, and review and approve municipal housing plans aimed at implementing the local fair share obligation.

Subsequently, the New Jersey Municipal Land Use Law (MLUL) was amended to require a housing element as a mandatory element of the municipal master plan. According to the MLUL, “a municipality's housing element shall be designed to achieve the goal of access to affordable housing to meet present and prospective housing needs, with particular attention to low- and moderate-income housing (52: 27D-310).”

COAH adopted new substantive rules (N.J.A.C. 5:94), which became effective on December 20, 2004. Those regulations necessitated the preparation of a housing element and fair share plan to satisfy the Township's cumulative housing obligations defined in N.J.A.C. 5:94.

The implementation of affordable housing requirements was left to the now defunct Council on Affordable Housing (COAH).  The subsequent history of affordable housing in the state as relates to these requirements as defined by the Court and the Legislature is contentious and in 2015 , the New Jersey Supreme Court ruled that determination of affordable housing obligations would henceforth be administered by the Court.

In March 2024 the governor signed into law a bill revamping the process for municipalities to meet their Mount Laurel obligations.  The legislation developed a new streamlined system for municipalities to meet their Mount Laurel affordable housing obligations, replacing the current process that exists entirely in the courts.  Municipalities’ current and prospective need for affordable housing was calculated by the DCA using a formula based on prior court decisions. Disputes about municipalities’ affordable housing obligations and plans to meet those obligations will be resolved on an expedited basis by the Judiciary with assistance from a new dispute resolution program beginning in 2025, enabling smarter planning around where housing should be built.

Ewing Township has been proactive in providing affordable housing for its residents over the years, even when COAH was not functioning. It has always been the Township’s philosophy to provide housing choices for a variety of age, income, and ability groups. For example, the Township has actively provided supportive housing for persons with special needs in the form of group homes that enable their residents to live within the community, as opposed to an institutional setting. Similarly, young families in the workforce are offered a range of housing types to fit into most household budgets. This inclusive and comprehensive view of “affordable” housing makes Ewing’s Plan a win-win for both the Township and residents of the housing region.

Development within all new projects has been designed to scatter affordable units throughout the community. Developers are required to set aside 15% (if the affordable units will be for rent) and 20% (if the affordable units will be for sale) out of the total number of housing units approved to be built.

1st Round

In 1996, Ewing filed an adopted housing element and fair share plan with the Council on Affordable Housing (COAH), and petitioned COAH for substantive certification in 1998. The Township received certification on February 7, 2001.

2nd Round

Ewing filed an amended housing element and fair share plan, and re-petitioned COAH for substantive certification on December 8, 2000. The Township received substantive certification from COAH on February 7, 2001.

3rd Round

The Township petitioned for Third Round substantive certification to COAH on February 15, 2007. Prior to COAH action on the Township's petition, COAH's third round regulations were challenged by various parties, and they were invalidated.

In addition to fulfilling its Prior Round and Third Round Obligations, Ewing Township’s proactive approach has and will lead to additional affordable housing units not allocated to the Prior Round or Third Round. These units may be applied as credits to any future affordable housing obligation, to the extent permitted by law. These housing units reflect Ewing's continuing proactive affordable housing policies implemented in both its zoning practice and redevelopment area planning efforts.

4th Round

4th Round Affordable Housing Obligations, Council Resolution 25R-38 was published on the website on January 30, 2025.  The Township of Ewing adopted the resolution on January 28, 2025.  That resolution was attached to a declaratory relief lawsuit that was filed on January 30, 2025, by Ewing Township's Affordable Housing Counsel.

• 4th Round Affordable Housing Obligations, Council Resolution 25R-38 with this resolution dated January 28, 2025, Ewing Township Council accepted a Present Need obligation of 99 affordable housing units and a Prospective Need obligation of 201 units as its Fourth Round (2025-2035) affordable housing obligation pursuant to P.L. 2024 c.2 and the Fair Housing Act, N.J.S.A. 52:27D-302 et. seq. 
  Based on an analysis of the findings performed by Township Affordable Housing Planner Chuck Latini, the Township challenged the finding of the Department of Community Affairs assessment of the new Round 4 Construction Obligation of 319 units.  Following the methodology set forth in P.L. 2024 c.2, the Township recalculated the DCA’s Land Capacity Allocation Factor to adjust the total of 331.4 developable acres to 40.7 developable acres after removing from the DCA’s calculations (1) land with environmental restrictions, (2) properties such as the NJDOT, DOC, and the State Police, (3) preserved lands with open space and parkland deed restrictions and state farmland/open space preservation, and (4) County-owned flight hazard areas belonging to Mercer County Airport.

• Declaratory Judgment Action Pursuant to the Fair Housing Act  (filed by Ewing Township January 30, 2025, by Ewing Township's Affordable Housing Counsel and attached to the above resolution.)

• On April 17, 2025 Judge Lougy, the Vicinage Mount Laurel Judge for Mercer County, ruled that the Township's obligation should be adjusted downward to 231 units.