Notice of Final Affordable Housing Compliance Hearing

PLEASE TAKE NOTICE that on October 11, 2023 beginning at 10:00 a.m., there will be a Final Compliance Hearing (the “Hearing”) to be held virtually via Zoom/Teams platform before the Honorable Gregg A. Padovano, J.S.C. at the Bergen County Justice Center, 10 Main Street, Hackensack, New Jersey 07601.Interested parties may contact the Borough’s Special Counsel,Leslie G. London, at This email address is being protected from spambots. You need JavaScript enabled to view it.for directions and the link to participate in the hearing.

​The purpose of the Hearing is for the Court to consider whether the Borough of Glen Rock’s (the “Borough”) submission of final compliance documents satisfy the Borough’s compliance with the Court’s Conditional Compliance and Repose approval in order to receive a Final Judgment of Compliance and Repose which would provide final approval of the Borough’s Housing Element and Fair Share Plan (“Plan”) as endorsed and adopted by the Borough, pursuant to the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. that addresses the Borough’s obligation to provide a realistic opportunity to satisfy its rehabilitation, Prior Round and Third Round “fair share” of the regional need for affordable housing to low- 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 matter captioned In re N.J.A.C. 5:96 & N.J.A.C. 5:97, 221 N.J. 1 (2015) and other applicable laws. Specifically, the Court seeks to confirm that the Borough has completed the outstanding items that were required to be addressed prior to the entry of a Final Judgment of Repose, as noted by Special Master Mary Beth Lonergan, PP, AICP in her compliance report dated February 12, 2021.

​The Borough’s preliminary compliance efforts, as reflected in the terms of the Borough’s Settlement Agreement with Fair Share Housing Center (“FSHC”) dated September 20, 2019, set forth the Borough’s affordable housing obligations for the period 1987-2025. These include the Prior Round (1987 - 1999) obligation of 118 units which was previously reduced to a 0-unit RDP by COAH; a present need obligation of 15 units; and a Third Round (1999-2025) obligation of 301 units adjusted to a 26 unit RDP and a 393 unit unmet need from both the Prior Round and the Third Round which the Court determined to be fair and reasonable after conclusion of the Fairness Hearing on July 22, 2020. Subsequently, the Borough presented its duly adopted/endorsed Plan at a Compliance Hearing on February 17, 2021 at which time the Court approved the Borough’s Plan, finding it provided a realistic opportunity for the production of affordable housing to address the Borough’s fair share obligation pursuant to the FHA, COAH regulations and Mt. Laurel case law, subject to the fulfillment of compliance conditions set forth in the Special Master’s February 12, 2021 compliance report. The court-approved Settlement Agreement and the court-approved Plan provide a detailed list of the Borough’s total affordable housing obligation and compliance mechanisms that demonstrate the Borough’s compliance with those affordable housing obligations. The documents satisfying the Borough’s compliance with the Court-required conditions as well as the court-approved Settlement Agreement and the court-approved Borough’s Plan are available for public inspection and/or photocopying (at requestor’s expense) between the hours of 8:30 a.m. and 4:30 p.m. at the office of the Borough Clerk, Boroughof Glen Rock, located at 1 Harding Plaza, Glen Rock, New Jersey 07452.

​On the date of the Hearing, the Court will conduct a Final Compliance Hearing to determine whether the Borough has satisfied the conditions of compliance as approved by the Court at the Compliance Hearing on February 17, 2021 and, thus, continuing to find that the Borough’s Plan and Settlement Agreement are fair to low- and moderate-income households pursuant to Morris County Fair Housing Council v. BoontonBorough, 197 N.J. Super. 359, 364 (Law Div.1984), aff’d o.b., 209 N.J. Super. 108 (App. Div. 1986) and East/West Venture v. Borough of Fort Lee, 286 N.J. Super. 311, 328 (App. Div. 1996)and create a realistic opportunity for satisfaction of the Borough’s affordable housing obligations for the period 1987 through 2025 pursuant to the Mount Laurel decisions and their progeny, the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the substantive, applicable regulations of COAH, and the New Jersey Supreme Court’s March 10, 2015 decision in the matter captioned In re N.J.A.C. 5:96 & N.J.A.C. 5:97, 221 N.J. 1 (2015). 

Any interested person may seek to appear and be heard at the Hearing to address the Borough’s compliance with its conditions of repose. Any objections must fully comply with N.J.A.C. 5:91-4.1 and 4.2, which provide minimum standards for such objections. Such objections or comments by any interested party must be filed, together with copies of any supporting affidavits or other documents, with the Court at the following address on or before September 27, 2023: the Honorable Gregg A. Padovano, J.S.C. at Bergen County Justice Center, 10 Main Street, Hackensack, New Jersey 07601, with duplicate copies being forwarded by mail and email to the attention of the following:  

This Notice is provided by direction of the Court and is intended to inform interested parties of (1) the existence of the Borough’s documents satisfying the conditions of compliance, the Borough’s court-approved Plan and court-approved Agreement, and possible consequences of Court approval of the documents satisfying compliance, which may lead to a Final Judgment of Compliance and Repose; and (2)  to inform such parties that they are able to comment on said documents satisfying conditional compliance before the Court reviews and evaluates whether to grant a Final Judgment of Compliance and Repose. This Notice does not indicate any view by the Court as to the fairness or the adequacy of the Borough’s documents satisfying conditional compliance under the Mount Laurel Doctrine and governing law. 

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