North Haledon council adopts Resolution 45-2025 accepting DCA Round 4 numbers, directs counsel to file declaratory action

On Jan. 28, 2025, the Borough of North Haledon’s mayor and council unanimously adopted Resolution No. 45-2025 accepting the New Jersey Department of Community Affairs’ (DCA) Round 4 (2025–2035) estimate that the borough’s present-need affordable-housing obligation is 0 units and its prospective new-construction obligation is 228 units, and directed Affordable Housing Counsel Michael J. Pasquale to file a declaratory-judgment complaint in Passaic County within 48 hours to seek certification and preserve the borough’s protections against builder-remedy lawsuits.

The resolution incorporates recitals citing the March 20, 2024 amendment to the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.), the DCA’s Oct. 18, 2024 report, and applicable COAH rules on municipal credits and adjustments. The council’s action accepts the DCA numbers “subject to any vacant land and/or durational adjustments” North Haledon may later pursue, and expressly reserves the borough’s right to respond to future legislative changes or court rulings affecting Round 4 obligations.

Affordable Housing Counsel Michael J. Pasquale told the council he would file the declaratory action the next day and prepare the borough’s housing element by the end of June. Pasquale said the filing is intended to secure the municipality’s certification process and "continue the protection we currently have in immunization against builder remedy lawsuits" while allowing the borough to seek adjustments such as a vacant-land adjustment.

Council Member George Pomianek told the council that, while the resolution accepts the DCA estimate of 228 prospective units for now, North Haledon retains the right to challenge that calculation through a vacant-land adjustment. Borough Planner Michael Kauker explained the dual purpose of the filing: to maintain legal protections and to follow the procedural steps required for Round 4 compliance, noting the borough has less available land than in prior rounds and that some prior credits remain in place (including a six-unit surplus from Round 3 tied to a 90-unit project and a possible area-in-need study on Belmont Avenue).

Resolution No. 45-2025 also cites Acting Administrative Director Directive #14-24 (Dec. 13, 2024), which requires municipalities seeking FHA certification to file a declaratory-judgment complaint within 48 hours after adopting a municipal resolution of fair-share obligations or by Feb. 3, 2025, whichever is sooner. The council authorized Pasquale to attach the resolution to the filing and to submit it to any program or entity as appropriate.

Council Member Donna Puglisi moved to approve the resolution; Council Member Vince Parmese seconded. The roll-call vote was unanimous in the affirmative. The resolution took immediate effect, and Mayor Randy George adjourned the special meeting at 7:12 p.m.

Next steps noted in the meeting: counsel will file the declaratory-judgment complaint in Passaic County within the 48-hour window; the housing element is to be prepared by the end of June; and the borough will pursue any vacant-land or durational adjustments available under COAH rules as it finalizes its Fair Share Plan.