Federal judge grants hearing on NJ deadline for affordable housing
By: Marsha A. Stoltz
NorthJersey.com
USA Today Network - New Jersey
MONTVALE - A federal judge has granted a 29-town coalition an coalition hearing January 7 [02026] on its motion to halt New Jersey upcoming March 15 [2026] deadlines to implement new affordable housing regulations.
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Local leaders for Responsible Planning announced on December 31 [2025] that U.S. District Judge Zahid Quaishi will hear testimony on January 7 [2026] at 10 AM. in federal court in Trenton.
..... "I look forward to testifying in federal court before Judge Quraishi about the harm causes by the state's upcoming arbitrary deadline to implement high-density housing in my community," said Montvale Mayor Mike Ghassali, a lead member of the coalition.
..... The announcement came as municipalities were scrambling to meet the state's December 31 [2025] affordable housing deadline, by which municipality were requited to resolve any challenges to their Fourth Round affordable housing plans, March 15, 2026, is the deadline by which municipality must adopt the ordinances and resolutions necessary to implement those plans.
..... Municipalities that do not meet the deadlines risk losing their immunity from so-called "builder's remedy" lawsuits, which allow developers to bypass local zoning rules to build high-density housing, including affordable units, wherever and however they want. A municipality could also be forced to pay developers fees if it has not met its housing obligations under the state's Mount Laurel Doctrine.
..... The 50-year-old program is one of the country's strictest, requiring each municipality to provide its "fair share" of affordable housing.
..... The Local Leaders group's lawsuit contends that the state's affordable housing mandate violates the Equal Protection Clause by imposing "disproportionate and unrealistic development obligations" on certain municipalities, while excluding others, based o a 40-year-old formula.
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"My clients are grateful for this opportunity to be heard on their request to pause the impending March 15, 2026, deadline to zone for mandated high-density development while their equal protection challenge proceeds in federal court," said Michael L. Collins, attorney for the coalition.
..... Courts have already rejected several attempts by the group to derail the state's Fourth Round affordable housing assignments, issued in October 2024.
..... In January 2025, a judge in Mercer County rejected the towns' request to freeze the law while the litigation works its way through the courts. Later that month, he turned aside a second bid. In June, [2025] state Superior Court Judge Robert Lougy rejected there bid to block some provisions but granted a reprove on a June 30 [2025] deadline facing municipalities.
Which NJ communities are suing?
..... By county, the municipalities bringing the lawsuit include:
* Bergen County: Allendale, Closter, Franklin Lakes, Hillssdale, Montvale, Norwood, Old Tappan, Oradell, Washington Township, Westwood and Wyckoff.
* Morris County: Denville, East Hanover, Florham Park, Hanover, Mendham, Montiville and Wharton.
* Essex County: Ceder Grove, Millburn and West Caldwell.
* Hunterdon County: West Amwell.
* Monmouth County: Wall and Holmdel.
* Passaic County: Little Falls and Totowa.
* Salem County: Mannington.
* Somerset County: Warren.