NJ towns are asking for affordable housing relief
By: Marsha A. Stoltz
NorthJersey.com
USA Today Network - New Jersey
.... A coalition of New Jersey towns has asked the U.S. Supreme Court for emergency relief from a March 15 [2026] deadline by which all New Jersey municipalities are ordered to adopt rules needed to implement their affordable housing plans.
.....
Acting New Jersey Attorney General Jennifer Davenport has opposed the towns' application for an injunction.
..... Currently, only municipalities that meet the deadline will retain their immunity from so-called "builder's remedy lawsuits. Municipalities who don't comply face proposals from developers that do not have to conform with the town's master plan or zoning ordinances.
..... In
their latest brief, the towns argue that they "will irreversibly lose immunity from suit on March 15 [2026] allowing undesired development to proceed.
..... "Meanwhile, a temporary delay of the implementation of instant law will not meaningfully affect New Jersey's zoning scheme," they said.
..... In her own brief, Davenport argues the Supreme Court should follow the example of the Third U.S. Circuit Court of Appeals, which denied the towns' motion for an injunction pending appeal on January 30. [2026] Her brief contents "applicants' action suffers from three independent local defects," including:
* Municipalities cannot pursue equal-protection claims against their creator states in federal court.
* Attempts to establish standing as the towns' officials, claiming they're suffer reputation injuries form complying with the law, "is both speculative and limitless."
* Claims that the municipalities have taxpayer standing "similarly contravenes this court's precedents."
.....
"They cannot show the kind of irreparable harm that justifies the extraordinary remedy they seek," the Attorney General brief states. "This court should deny this application."
..... In response,, a brief by the coalition of towns, called Local Leaders for Responsible Planning, argues hat "The court need only decide whether Applicants have 'clearly established their entitlement to relief pending appellate review" based on a likelihood of success on the merits, the presence of irreparable harm, and the public interest."
NJ towns involved in the suit
..... Local Leaders for Responsible Planning consists of the following towns:
* Bergen County: Allendale, Closter, Franklin Lakes, Hillsdale, Montvale, Norwood, Old Tappan, Oradell, Washington Township, Westwood and Wyckoff.
* Morris County: Denville, East Hanover, Florham Park, Hanover, Parsippany, Mendham, Montville and Wharton
* Essex County: Cedar Grove, Millburn and West Caldwell
* Hunterdon County: West Amwell
* Monmouth County: Wall and Holmdel
* Passaic County: Hawthorne, Little Falls and Totowa
* Salem County: Mannington
* Somerset County: Warren
..... However, relief is only sought on behalf of nine municipalities: Franklin Lakes, Montvale, Norwood and Wychoff in Bergen County; Hawthorne and Totowa in Passaic County; Millburn in Essex County; and Holmdel and Wall Township in Monmouth County.