Court rules against towns trying to delay affordable housing deadline
By: Marsha A. Stoltz
NorthJersey.com
USA Today Network - New Jersey
..... An emergency request to delay the implementation of New Jersey's affordable housing law was denied by the 3rd U.S. Circuit Court of Appeals on January 30. [2026]
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The one-page order by Judges Cindy Chung and D. Michael Fisher agrees with and follows a January 20 [2026] order by U.S. District Judge Zahid Quraishi dismissing a federal lawsuit by the 29-town Local Leaders for Responsible Planning.
..... The group was seeking a stay of a statewide March 15 [2026] deadline by which municipalities are required to adopt ordinances and resolutions necessary to implement their Fourth Round affordable housing plans.
..... Montvale Mayor Mike Ghassali, who headed the 29-town opposition, said the group is disappointed that the 3rd Circuit denied the motion "without even offering an explanation today." [01/30/2026] He said the towns "will be brining this case to Justice Samuel Alito, who is our emergency justice of the Supreme Court of the United States, with a filing anticipated to be completed on Monday." [02/02/2026]
..... Similar appeals by the group were previously dismissed in September [2025] by Superior Court Judge Robert T. Lougy in Mercer County, as were two emergent applications to the Appellate Division and an appeal to the New Jersey Supreme Court.
..... For 50 years, New Jersey's affordable housing framework has required each municipality to provide its "fair share" of affordable housing. Each municipality's obligation have been calculated base on various factors such as job growth, existing, affordability and the growth of low- and moderate-income households.
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Various groups and agencies have continued to seek ways to reduce or eliminate its influence on local development.
..... An estimated 380 of the state's 564 municipalities have complied with a December 31 [2025] deadline to resolve challenges to municipal affordable housing plans, according to the Fair Share Housing Center. another 168 municipalities were deemed to have deficiencies but were attempting compliance.
..... Only 16 municipalities were warned by Fair Share last September [2025] that they were so far behind in compliance that they were being recommended to have their immunity removed from builder's development remedy suits. If it is implemented, a municipality's zoning and master plan would be set aside to allow unrestricted affordable housing development.
..... It is unclear how many of the 16 municipalities brought their programs up to speed with state requirements.
..... "The overwhelming majority of municipalities are embracing New Jersey's affordable housing law and moving ahead with implementation," said Joshua Bauers, director of exclusionary zoning litigation at Fair Share Housing Center. "with the 3rd Circus rejecting this appeal, it;s time to focus on creating the affordable homes New Jerseyans urgently need."