MORRIS COUNTY — A federal judge has granted a coalition of 29 municipalities an evidentiary hearing on their effort to halt New Jersey’s upcoming March 15, 2026, deadline to implement new affordable housing regulations.
Local Leaders for Responsible Planning announced on December 31 that Zahid Quraishi, a judge of the United States District Court, will hear testimony on January 7 at 10:00 a.m. in federal court in Trenton.
The announcement came as municipalities across New Jersey were scrambling to meet the State’s December 31 affordable housing deadline, which required towns to resolve any challenges to their Fourth Round affordable housing plans. The next major deadline is March 15, 2026, by which municipalities must adopt all ordinances and resolutions necessary to formally implement those plans.
Municipalities that fail to meet the required deadlines risk losing immunity from so-called builder’s remedy lawsuits. These lawsuits allow developers to bypass local zoning regulations and construct high-density housing developments, including affordable units, regardless of local land-use plans. In addition, municipalities that have not met their housing obligations could be required to pay developer fees or face court-ordered compliance measures.
New Jersey’s affordable housing framework, now more than 50 years old, is considered one of the strictest in the nation. It requires every municipality to provide its “fair share” of affordable housing under the State’s long-standing Mount Laurel Doctrine.
The lawsuit filed by Local Leaders for Responsible Planning argues that the State’s affordable housing mandate violates the Equal Protection Clause of the United States Constitution. The group contends that the current system imposes disproportionate and unrealistic development obligations on certain municipalities while exempting others, relying on what it describes as an outdated formula developed more than 40 years ago.
By county, the municipalities bringing the lawsuit include:
- 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, Mendham, Montville and Wharton.
- Essex County: Cedar 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.
Courts have already rejected several prior attempts by the coalition to block or delay the State’s Fourth Round affordable housing obligations, which were formally issued in October 2024. Despite those rulings, the group continues to pursue legal challenges as municipalities face mounting pressure to comply with the upcoming implementation deadlines.
The January 7 evidentiary hearing will determine whether the court will grant temporary relief from the March 15, 2026 deadline or allow the State’s affordable housing framework to proceed as scheduled.
