Monday, March 24, 2025 – The Hopewell Township Committee tonight approved a settlement agreement with Fair Share Housing Center that establishes the Township’s Fourth Round Affordable Housing obligation at 399 units for the 2025–2035 period. This represents a 27% reduction—144 fewer units—compared to the initial obligation of 543 units set by the New Jersey Department of Community Affairs (DCA). It is one of the largest reductions achieved by any municipality in the Fourth Round to date.
Affordable housing provides options for low- and moderate-income households. This means that someone at the start of their career has the opportunity to live in Hopewell Township, as well as seniors looking to downsize, for example.
Minimizing Impact, Maximizing Affordability
With the revised 399-unit obligation, the Township has the potential ability to meet its affordable housing requirements without market rate units. The Township Committee is pursuing a multi-pronged strategy, including extending affordability controls at Brandon Farms and other communities, and expanding partnerships with organizations like ARC Mercer to increase group home capacity, with innovative opportunities to live and work on a farm. The Committee is also exploring the development of 100% affordable housing communities.
Had the original 543-unit figure remained, it could have triggered the need for significant market-rate developments, meaning the actual number of new homes could have exceeded well beyond 1,000.
Background: Ensuring Accurate and Fair Calculations
On March 20, 2024, Governor Phil Murphy signed amendments to the Fair Housing Act (FHA), establishing a process for determining municipalities’ Fourth Round affordable housing obligations under the New Jersey Supreme Court’s Mount Laurel doctrine. On October 18, 2024, the DCA issued its draft obligations for each of New Jersey’s municipalities, including Hopewell Township.
These draft numbers were non-binding and Hopewell Township’s draft obligation was 543 units. Municipalities were given until January 31, 2025, to review and, if necessary, certify a revised obligation. Hopewell Township met this deadline and certified its revised obligation at 348 units.
The decrease in the Township’s certified number stemmed from the DCA’s Land Capacity Factor—a calculation of available land for development. The DCA estimated 781.2 acres of developable land in Hopewell Township. However, a detailed parcel-by-parcel analysis by the Township Planner and Redevelopment Engineer concluded that only 287.5 acres appeared truly available. For example, the DCA’s estimate mistakenly included land already committed under the Township’s Third Round plan.
“We strongly believe in the importance of affordable housing in New Jersey,” said Mayor Courtney Peters-Manning. “But that commitment also requires that the numbers and assumptions behind our obligations are accurate and reflect Hopewell Township’s unique realities. This settlement accomplishes exactly that.”
Challenge and Resolution
Fair Share Housing Center and the New Jersey Builders Association formally challenged the Township’s certified number, triggering a legislatively mandated resolution process that requires resolution within one month. Throughout the process, the Township remained confident in its data and fought to secure a settlement obligation reflective of the Township’s calculation and one that could be met without burdening residents financially.
Looking Ahead
The settlement also protects Hopewell Township from Builder’s Remedy lawsuits—legal actions that could override local zoning and allow dense residential development in areas not designated for it. Under a Builder’s Remedy lawsuit, a developer can propose a development with a ratio of as many as 9 or 10 market rate units for every affordable unit. Under this scenario, 543 affordable units could result in roughly 6,000 total units.
Committee Member Kevin Kuchinski added, ‘It’s critical that we protect Hopewell Valley and its rural character from a Builder’s Remedy lawsuit and the associated potential for unchecked development. Our community is committed to meeting its constitutional obligation on affordable housing, but we will not compromise our core planning principles. We firmly support making our community more affordable for new teachers, first responders, and other new or returning residents, but we also need to make sure we do not burden current residents financially or create new traffic or environmental issues.”
The Township Committee remains committed to delivering on Hopewell’s Fourth Round Affordable Housing obligation through responsible, community-focused solutions—expanding access to affordable housing while preserving the character and fiscal health of the Township.