Following the December 31 deadline for municipalities to resolve challenges to their Housing Element and Fair Share Plans, Fair Share Housing Center announced today that approximately 380 municipalities have developed compliant plans \u2014 an unprecedented level of participation and compliance in the state\u2019s affordable housing process.<\/p>\n\n\n\n
Last summer, a record 423 municipalities <\/a>adopted and filed housing plans, far more than ever before. In the months since, the new Affordable Housing Dispute Resolution Program \u2014 created by NJ\u2019s new affordable housing law, A4\/S50 \u2014 successfully guided towns and advocates through a structured mediation process that has resolved the overwhelming majority of disputes without years of costly litigation.<\/p>\n\n\n\n While the vast majority of municipalities acted in good faith, a small number \u2014 approximately 40 towns \u2014 did not reach agreements by the December 31 deadline. Even among those towns, while some advanced bad faith interpretations of the law, others have only minor disputes remaining that are likely to be resolved in the next month or two. For these towns, the Affordable Housing Dispute Resolution Program will issue a recommendation on the plan that can then be reviewed in a court proceeding. Under the new law, all municipalities will have until March 15 to file a revised housing plan and adopt implementing ordinances and resolutions.<\/p>\n\n\n\n New Jersey\u2019s landmark new affordable housing law, signed by Gov. Murphy in March 2024, streamlined the development process, codified a transparent methodology for determining municipal obligations, and created new tools and incentives to encourage compliance. For the first time, all municipal housing plans are publicly available online, ensuring accountability at every stage \u2014 from planning to construction.<\/p>\n\n\n\n \u201cWhat we\u2019re seeing is nothing short of a sea change,\u201d said Adam Gordon, executive director of Fair Share Housing Center. \u201cFor decades, New Jersey\u2019s affordable housing system was bogged down by delay and litigation. This new law is working exactly as intended \u2014 bringing towns to the table, resolving disputes efficiently, and moving us toward the actual construction and preservation of affordable homes.\u201d<\/p>\n\n\n\n Many of New Jersey\u2019s largest suburbs have now finalized strong plans that will create and preserve affordable housing through smart growth strategies, including the redevelopment of outdated malls, office parks, and other underutilized sites. Communities across the state are planning mixed-income housing near transit, partnering with nonprofit developers, and expanding opportunities for seniors, people with disabilities, and first-time homebuyers.<\/p>\n\n\n\n Prior to the passage of A4\/S50, many of these same municipalities spent years \u2014 and in some cases decades \u2014 locked in litigation over their affordable housing requirements. Under the new law, towns were given clear obligations, predictable rules, and a fair opportunity to resolve disputes through mediation rather than protracted court battles. The result is a process that is faster, more transparent, and far more productive.<\/p>\n\n\n\n In New Jersey, the constitutional obligation for each municipality to allow its fair share of affordable homes, known as the Mount Laurel Doctrine<\/a>, is recalculated every 10 years in cycles known as Rounds. Each municipality\u2019s obligations are calculated by looking at factors in various regions of the state \u2014 such as job growth, existing affordability, and the growth of low- and moderate-income households \u2014 which determines an individualized requirement for affordable housing.<\/p>\n\n\n\n Ahead of the Fourth Round, NJ’s new affordable housing law<\/a> (A4\/S50) \u2014 sponsored by Senate President Nicholas Scutari, Senate Majority Leader Teresa Ruiz, State Senator Troy Singleton, Assembly Speaker Craig Coughlin, and State Assemblymembers Yvonne Lopez, Benjie Wimberly, and Verlina Reynolds-Jackson \u2014 streamlined the affordable housing development process and codified the methodology used to determine each municipality\u2019s obligations over the next decade. A broad range of advocates<\/a>, including civil rights, disability rights, domestic violence, faith-based, homelessness, and planning organizations \u2014 as well as many municipal leaders \u2014 have supported the reforms.<\/p>\n\n\n\n