Court Hearing Regarding Misappropriation of Housing Trust Funds by Cherry Hill

From the Fair Share Housing Center blog.

Posted by Kevin Walsh, Nov. 11, 2011

On Monday, November 14, 2011 at 1:30 pm in Camden, the Camden and Southern Burlington County Branches of the NAACP and Fair Share Housing Center (FSHC) will argue before Judge Robert Millenky of the Superior Court that Cherry Hill Township has violated state law by:

·         Misappropriating nearly $1 million in funds from a trust fund required by state law to be used only for housing families, people with disabilities and seniors. Any use of the funds is required to be approved by the court, but the Township frequently spent trust funds without court approval.

·         Illegally commingling trust funds with other municipal funds in violation of state law.

·         Illegally using at least $511,000 on general municipal expenses, which is expressly prohibited by state law.

·         Failing to maintain bank statements for the account in violation of state law.

·         Failing to collect interest on the account in violation of state law.

·         Misrepresenting how much was collected in order to cover-up its illegal misappropriation of trust funds.

The Township has acknowledged misappropriating funds, but has demanded that it not be required to return the funds to the trust fund. The NAACP Branches and FSHC have asked the Court to take control of the fund, order an audit, and order the Township to reimburse the trust fund for misappropriated funds and missing interest. The NAACP Branches and FSHC have been litigating to force Cherry Hill to comply with the Mount Laurel doctrine since the 1980s, most recently through litigation filed in 2001.

The hearing will occur in Judge Millenky’s courtroom at the Superior Court courthouse in Camden located at 101 South 5th Street, Camden, NJ 08103.

To request copies of the briefs and appendices filed in this matter, please send an email to fairshare@fairsharehousing.org .