Over 430 municipalities filed ahead of the January 31 deadline to voluntarily comply with the state-imposed affordable housing requirements and the passage of PL 2024, c. 2.
Of those, 159 municipalities filed to modify the housing obligation suggested by the non-binding guidance of the Department of Community Affairs.
The deadline for third-party challenges to the municipal filings was this past Friday, February 28. Following an initial review, we have two major developments to report.
First, the New Jersey Builders Association filed to challenge the filing of all 159 municipalities that sought modifications. Upon review, it is the League’s opinion that the NJBA filing will and should be dismissed by the panel of retired judges who make up the “Program.” Their filing does not meet the criteria established by the Administrative Office of the Courts (AOC) Directive #14-24, which provides information on how municipalities and other parties must file with the program, whether that be review or challenges to municipal calculation of affordable housing obligations or challenges to plans.
Second, the Fair Share Housing Center (FSHC) has filed challenges to 68 of the 159 municipalities seeking modifications. In doing so, FSHC is seeking to reallocate the modified units amongst the 159 municipalities. Essentially, FSHC wants to maintain the overall statewide number by transferring obligations from one municipality to another.
It is the League’s opinion that this is inconsistent with the intent and plain language of PL 2024, c.2.
As the “Program” begins its evaluation and mediation, the League is closely monitoring developments and will act when appropriate and necessary in defense of the municipalities.
We will continue to advise you of developments.
Contact: Mike Cerra, Executive Director, mcerra@njlm.org, 609-695-3481, x120.