New Jersey cities and towns have until the end of January to either accept the amount of affordable housing the state is requiring them to produce over the next 10 years or come up with counterproposals. There are some early signs that local governments are buying into the state’s new approach.
Barnegat Township, a beach community on the Jersey Shore, wasted no time acting on the requirement. At its Jan. 1 reorganization meeting, the township committee unanimously passed a resolution accepting the state’s requirement to build 71 new affordable housing units and rehab another 38 existing homes.
Barnegat Township Attorney Christopher Dasti said after the officials discussed the targets — which were calculated by the state’s Department of Community Affairs for all 564 municipalities across the state — they determined that what the state was requiring seemed plausible.
“We had felt that the numbers [the state] came out with were reasonable … so we wanted to try to resolve the matters as quickly and efficiently as possible,” Dasti said.
Court records show that officials from seven towns, including Barnegat, have passed resolutions on their affordable housing numbers so far this month. All but one accepted the figures, at least for now.
In a new affordable housing law passed last year, state lawmakers laid out how each town’s obligation would be calculated for a 10-year period that begins in July. Figures are based on factors such as average income and the amount of developable land in each town, under the state’s methodology.
These development requirements stem from a 50-year-old statewide mandate, known as the Mount Laurel doctrine, which states that every municipality needs to contribute its fair share of affordable housing.
New Jersey officials are seeking to build more than 84,000 new affordable homes and rehabilitate another 65,000 units across the state by 2035.
Municipalities that don’t pass resolutions either accepting or countering the numbers handed down by the state by Jan. 31 risk losing their authority over zoning and immunity to so-called “builder remedy” lawsuits, which could force them to develop vast amounts of residential housing, no matter their objections.
The majority of New Jersey municipalities are working to meet the Jan. 31 deadline as a lawsuit brought by 26 towns opposing the 2024 affordable housing law is playing out in state court.
Officials from the 26 towns argue the state is unfairly requiring them to build more housing without accounting for how much development they can support given their constraints on land and infrastructure like roads and sewers.
Earlier this month, a Superior Court judge denied the towns’ request to stay the 2024 law while the lawsuit progresses. The towns lost an appeal of that ruling on Friday.
So far six municipalities – Barnegat, Berlin, Brielle, Collingswood, East Amwell and Lower Township – voted to accept the numbers they’ve been assigned. East Brunswick’s township council passed a resolution contending its mandate should be reduced from 314 units to 265.
East Brunswick’s council said the recalculation was based on its township planner’s determination that the developable land in that township should be reduced from the state’s finding of 175 acres to 40 acres.
The township officials noted in their resolution that certain parcels of land – including areas prone to flooding or some being used for recreation – should be removed from the list. This counter proposal of units is subject to approval by state officials.
Some of the towns that passed resolutions included caveats that they could change what they’re willing to develop. For example, Lower Township and Brielle said they are reserving the right to adjust their housing obligations based upon any ruling in the lawsuit by the 26 towns seeking to overturn the 2024 law.
It is unclear how state officials would treat any ruling in the favor of the towns suing. The state’s attorney general has filed a motion to dismiss the case. And the judge has scheduled a hearing on that motion for the end of the month.
Housing advocates see the towns’ initial actions as early proof that the 2024 law is accomplishing some of its goals.
Adam Gordon, director of the Fair Share Housing Center, said he sees it as a sign that towns are motivated to voluntarily comply with the law and avoid the costly litigation that has been a hallmark of affordable housing disagreements in New Jersey over the years.
“I think it shows that a lot of towns are just ready to move forward here. … And that’s a very positive thing,” he said.
As part of the resolutions that were passed, the municipal officials also agreed to enroll in a new affordable housing dispute resolution program established by the state. Under the 2024 law, the Legislature tasked an administrative state court judge with appointing a set of state judges and legal experts to a panel charged with reviewing any challenges to a municipalities’ affordable housing plans.
Dasti, the township attorney for Barnegat, said that even though the municipality has committed to the state’s requirements it’s now in a “waiting period” until the end of February, which is the deadline for residents, housing advocates or other groups to come in and challenge that plan.
“If any third parties think that [the] numbers are unfair, then there’s gonna be mediators involved to try to come to a resolution,” he said.
