The following is a letter addressed to West Windsor Mayor Shing-Fu Hsueh and Council President Diane Ciccone.
We write in opposition to the proposed settlement before the West Windsor Township Council between the Township and InterCap Holdings.
Fair Share Housing Center (FSHC), founded in 1975, is New Jersey’s only public interest organization dedicated to the preservation and growth of the Mount Laurel doctrine. We work to ensure that every municipality provides its fair share of low and moderate-income housing to promote housing opportunities for all New Jerseyans and racially and economically diverse communities.
FSHC objected to West Windsor’s Housing Element and Fair Share Plan in 2009 because it did not present a realistic opportunity for the Township to meet its low and moderate-income housing obligations. The proposed InterCap settlement includes just a token amount of low and moderate-income housing.
A 5 percent set-aside is contrary to Mount Laurel requirements that every municipality provide a realistic opportunity for low and moderate-income housing; to the requirements for a mix of very low-income, low-income, and moderate-income homes pursuant to state law; and even to the Township’s own prior adopted plans about an appropriate mix of housing in a redevelopment context. It is particularly unconscionable in the context of a developer who used Mount Laurel litigation to gain leverage over the Township.
The settlement is contrary to sound planning and smart growth. If there is any place where a balance of housing choices is essential, it is adjacent to transit in a job-rich municipality such as West Windsor.
FSHC was not included in or advised of any negotiations between InterCap and the Township to reach this proposed settlement. As an objector, participant in the COAH mediation process with the Township, and with the proposed settlement impacting the Township’s housing obligation, FSHC should have been included in negotiations. At this point, if the Council moves ahead, we will have no choice but to address these issues through the court process.
We respectfully submit that the Council should modify the settlement agreement to include a 20 percent set-aside requirement, with an appropriate split for very low, low, and moderate-income homes.
Adam M. Gordon, Esq.
Staff Attorney, Fair Share Housing Center
