BOROUGH OF CLAYTON, NJ- Compliance Hearing 4th Round Housing Element/Fair Share Plan – GLO-892-26
PUBLIC NOTICE
BOROUGH OF CLAYTON
NOTICE OF MOUNT LAUREL COMBINED FAIRNESS AND COMPLIANCE HEARING ON THE FOURTH ROUND HOUSING ELEMENT AND FAIR SHARE PLAN OF THE BOROUGH OF CLAYTON, COUNTY OF GLOUCESTER
Docket Number:
GL0-892-26
PLEASE TAKE NOTICE that, on December 14, 2026 beginning at 1:30 p.m. the Honorable Robert G. Malestein, P.J.Ch. will conduct a “Combined Fairness and Compliance Hearing” in the In the Matter of the Application of the Borough of Clayton , bearing Docket No. GLO-L-892-26 (“the Action”) at the Gloucester County Old Courthouse, 1 North Broad Street, Floor 2, Woodbury, New Jersey 08096. The purpose of the Combined Fairness and Compliance Hearing is for the Court to (1) review the Fourth Round Consent Order Conditional Compliance Certification entered into between Fair Share Housing Center (“FSHC”) and the Borough of Clayton and entered by the Court on August 31, 2026, to ensure that it is fair and reasonable to the region’s low- and moderate-income households according to the requirements and principles set forth in the recently amended Fair Housing Act (“FHA”), Morris County Fair Housing Council v. Boonton Tp.. 197NJ.Super. 359 (Law Div.1984),aff’d o.b., 209 NJ.Super. 108 (App. Div. 1986) and East/West Venture v. Bor. of Fort Lee, 286 N.J.Super. 311 (App. Div. 1996), and (2) determine whether the Borough of Clayton’s adopted and endorsed Fourth Round Housing Element and Fair Share Plan (hereinafter “Fourth Round Affordable Housing Plan”) satisfies the Borough’s obligation under the FHA and applicable case law under an objective standard and provides a realistic opportunity for the production of housing affordable to very low-. low- and moderate-income households, which includes the Borough’s Rehabilitation, Prior Round, Third Round, and Fourth Round obligations. If the Court determines that the Borough has satisfied its affordable housing obligations, it will enter a Fourth Round Final Compliance Certification, which among other things, will provide Clayton Borough legal protection (repose) from all Mount Laurel exclusionary zoning lawsuits through June 30, 2035.
The documents described in this Notice are available for public inspection at the Borough Municipal Building located at 125 N. Delsea Drive, Clayton, NJ 08312, during normal business hours. Copies of the documents may be requested by contacting the Borough Administrator at 856-881-2882 ext. 104 during normal business hours. The documents are also available on the Borough’s website.
The Borough’s Amended Fourth Round Affordable Housing Plan can be summarized as follows:
• The Borough’s Court approved Rehabilitation Obligation is 1.
• The Borough’s Court approved Prior Round Obligation is 94 and Third Round Obligation is 162. The Borough is satisfying its Prior Round Obligation of 94 and its Third Round Obligation of 162 as follows: o 4 special needs units from the Arc of Gloucester County project. o 5 special needs units from the Empowerment 1 project and 3 special needs units from the Empowerment 2 project. o 30 units from the Delsea View Apartments inclusionary project. o 14 units from the Emerson Green inclusionary project. o 35 units from the Clayton Mews inclusionary project. o 14 units from the Berks Walk inclusionary project. o 75 units from the Conifer/Cap Salute I00% affordable housing project. o 13 units from the Habitat for Humanity 100% affordable housing project. o 64 bonus credits. • The Borough’s Court approved Fourth Round Obligation is 65. The Borough is addressing its Fourth Round Obligation of 65 as follows: o 3 special needs units from the P.I.L.O.T. project. o 4 special needs units from the Devereux Foundation project. o 4 special needs units from the Elwyn Sixth Avenue project. o 3 special needs units from the Elwyn Madison Avenue project. o 32 units from the Berk’s Walk inclusionary project. o 2 units from the Habitat for Humanity 100% affordable housing project. o 36 units from the Providence House 100% affordable housing project, of which 18 will be applied to the Fourth Round and 18 will be surplus credits for future obligations. o 1 surplus age restricted unit from the Clayton Mews project. o 16 bonus credits. The Amended Fourth Round Affordable Housing Plan, the Consent Order Conditional Compliance Certification, and the supporting documents on file with the Borough Clerk, provide considerably more detail as to the manner in which the Borough is satisfying its affordable housing obligations. Any interested party, including any low or moderate income persons residing in the housing region, any organization representing the interests of low and moderate income persons, any owner of property in the Borough of Clayton, or any organization representing the interests of owners of property in the Borough of Clayton may file comments on, or objections to, the Amended Fourth Round Affordable Housing Plan or the Consent Order Conditional Compliance Certification. The Borough requests that all objections provide: (I) a clear and complete statement as to each aspect of the municipality’s Amended Fourth Round Affordable Housing Plan or the Consent Order Conditional Compliance Certification contested by the objector; (2) an explanation of the basis for each objection; (3) copies of all such expert reports, studies, or other data relied upon by the objector; (4) proposed modifications, changes, or other measures which the objector contends would resolve the objector’s dispute with the municipality and (5) an explanation of how the objector’s proposals are consistent with applicable law. Such comments or objections, together with copies of any supporting affidavits or other documents, must be med in writing, on or before November 20, 2026 at 4:30 p.m. with the Honorable Robert G. Malestein, P.J.Ch., at Gloucester County Old Courthouse located at 1 North Broad Street, Floor 2, Woodbury, New Jersey 08096, with copies of all papers being forwarded by mail or e-mail to:
1.Susan Miller, Administrator, smiller@claytonnj.com
Borough of Clayton, 125 N. Delsea Drive, Clayton, NJ 08312
2. Nancy L. Holm, Esq. nlh@Surenian.com
Surenian, Edwards, Buzak & Nolan LLC
311 Broadway, Suite A, Point Pleasant Beach, NJ 08742
3. Ashley Lee, Esq. ashleylee@fairsharehousing.org
Fair Share Housing Center, 510 Park Boulevard, Cherry Hill, NJ 08002
This Notice is intended (a) to inform all interested parties of the existence of an Amended Fourth Round Affordable Housing Plan on file with the Borough Clerk, which was adopted on September 28, 2026; and (b) to explain the consequences of court approval of the plan; namely, continued immunity from all exclusionary zoning lawsuits through June 30, 2035. This Notice does not indicate any view by the Court, the Borough, or FSHC as to whether the Court will approve the manner in which the Borough proposes to satisfy its fair share.
The Sentinel of Gloucester County Weekly Digital Edition October 29, 2026
Fee $135.00