New Housing Law Spurs Potential End to Nine Years of Litigation
This week, the Township of South Brunswick formally executed a settlement agreement that will lead to the production of the town’s fair share of affordable homes to meet the region’s needs over the next 10 years. The agreement, if approved by a trial court in November, will end nine years of litigation and chart a path forward for the next decade of affordable housing in South Brunswick.
South Brunswick’s settlement makes it the first municipality to reach an agreement on its 4th Round obligations under New Jersey’s Mount Laurel Doctrine, the state’s constitutional requirement for every municipality to provide its fair share of affordable housing, which was re-invigorated by a pivotal 2015 NJ State Supreme Court ruling. The settlement also makes South Brunswick the last municipality that filed a case in 2015 to settle its 3rd Round obligations.
In New Jersey, the obligation to create affordable homes is recalculated every 10 years in cycles known as Rounds. Those obligations are determined by looking at the growth of low- and moderate-income households in the various regions of the state, producing an individualized requirement for affordable housing in each municipality. Towns are encouraged to engage in the process and create their own fair housing plans that realistically zone for their fair share of affordable housing.
Ahead of the 4th Round of Obligations starting in 2025, Governor Murphy signed landmark legislation (S50/A4) in March that sets a course for future enforcement of the Mount Laurel Doctrine by streamlining the affordable housing development process and codifying the methodology used to determine each municipality’s obligations for the upcoming 4th Round.
“I am heartened by South Brunswick’s settlement, which will help deliver more affordable housing for people who need it,” said Senator Troy Singleton, Chair of the Senate Community and Urban Affairs Committee and prime sponsor of the recently-passed affordable housing law. “I am especially glad to see a town that struggled with its housing obligations last Round embrace the tools put in place by Senate Bill 50 to proactively reach an agreement for the next one.”
South Brunswick has embraced many elements of the new law, including redevelopment and repurposing of existing structures, extending expiring affordability controls, facilitating the production of supportive housing units for people with special needs, and working with non-profit developers to bring about more family housing.
“I am encouraged to see a community already taking advantage of the state’s new affordable housing law to settle their affordable housing goals,” said Assembly Housing Chairwoman Yvonne Lopez. “South Brunswick’s agreement demonstrates the many tools and resources available in the new housing law, allowing them to meet their 3rd and 4th Round obligations in an efficient and fair process. I am confident this agreement will demonstrate to municipalities the utility of the new law in meeting fair share obligations and protecting hard-working families in search of a safe and affordable place to call home.”
Under the new affordable housing law, the NJ Dept. of Community Affairs is required to provide initial guidance numbers to each municipality by Oct. 20 on their fair share obligations for affordable homes over the next decade. Municipalities then have until Jan. 31, 2025 to adopt that number or provide their own calculation consistent with the new legislation, and until June 30, 2025 to adopt specific plans for how to address that number.
“After many tumultuous years of litigation, South Brunswick is wisely getting ahead of the curve by planning now for the next decade,” said Josh Bauers, director of exclusionary zoning litigation at Fair Share Housing Center. “Good planning means planning in advance — this allows time for municipalities to find appropriate sites and develop strong partnerships to produce these much-needed homes.”
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