As a result of our negotiations, Hopewell Township secured a lower Affordable Housing obligation (653 affordable units) than we would have gotten had we carried through to the end of the litigation. In the multi-town Mercer County trial that continued on after Hopewell Township reached a settlement, the Court ultimately ruled that Hopewell Township’s obligation for Affordable units would have been almost 100 units more, resulting in roughly 500 more housing units. The Court also ruled that West Windsor, one of two towns that did not settle in Mercer County, must produce approximately 1500 new affordable housing units, as well as at the associated market rate units. These municipalities also took on the costs of many months of additional litigation – in the tens if not hundreds of thousands of dollars, and will bear the cost of any appeals.
Importantly, Hopewell Township will receive credit If there is new legislation, Supreme Court rulings or a Constitutional amendment that reduces municipalities’ third round affordable housing obligations. If this happens, Hopewell Township will be entitled to reduce its Third Round obligation further. It is, however, protected if any of those legal changes results in a higher obligation for Hopewell Township.