Over 430 municipalities filed declaratory judgment actions with the Superior Court ahead of the January 31 deadline provided in PL 2024, c. 2 to voluntarily comply with the state-imposed affordable housing requirements.  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 Friday, February 28. 

The New Jersey Builders Association (NJBA) filed to challenge the filing of all 159 municipalities that sought modifications. Upon review, the League believes that the NJBA filing should be dismissed by the Chair of 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 reviews or challenges to municipal calculations of affordable housing obligations or challenges to plans.  

The Fair Share Housing Center (FSHC) has filed challenges to 68 of the 159 municipalities seeking modifications. In doing so, FSHC seeks 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.   

Last Friday, the League hosted an informational Zoom meeting open to the 159 municipalities that sought to modify their obligation, with over 220 participants. There was a follow-up meeting this past Monday. Another meeting will be held this Friday, March 14. If you are from one of these municipalities and did not get an invitation to a previous meeting and would like to join Friday’s session, please email Mike Cerra. 

We have a development related to the NJBA this morning. We have been forwarded a letter from Judge Miller (the Chair of the Program’s panel of retired judges), which we believe may also be submitted in all 90 cases in which FSHC did not challenge the proposed modification but were challenged by the NJBA. Specifically, in response to the NJBA request to bypass the mandatory settlement conference, the Judge denied that request, stating that Director #14-24 does not grant authority to “bypass a settlement conference.”  

As the “Program” enters the mediation phase, 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.