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1 BERKELEY FAMILY APARTMENTS, LLC v. THE TOWNSHIP OF BERKELEY -- rank: 1000

... the Township. With regard to the required resolution of need, N.J.S.A. 55:14K-6(c) states: No application for a loan for the construction ... will meet an existing housing need[.]" He also observed that " N.J.S.A. 55:14K-6(c) provides that the municipality has discretion to decide whether ... concluded that the adoption of a resolution of need under N.J.S.A. 55:14K-6(c) is clearly not a ministerial act that can be ... a writ. The resolution of need requirement set forth in N.J.S.A. 55:14K-6(c) was part of the New Jersey Housing and Mortgage ... HMFA requires each applicant to submit a resolution of need. N.J.S.A. 55:14K-6(c). The resolution must be "adopted by the municipality" and ... limited financial assistance available to developers under the FRM program, N.J.S.A. 55:14K-6(c) requires the municipality to make an independent determination ...

docket:	a3042-14
court:	NJ Superior Court Appellate Division
decided:	2015-12-07
status:	unpublished
citation:
Document Size:	60834