NJ towns want more time to draft affordable housing plans. So far, judges say no.

Dozens of New Jersey towns are seeking to extend a June 30 deadline to adopt plans showing how they’re going to meet state requirements to generate new affordable housing in their communities. So far, the panel of judges reviewing the requests in state court has rejected the towns’ appeals for extra time.

According to housing advocates, about 80 of the state’s 564 municipalities have sought 90-day extensions to finalize their plans. A review of the filings shows that many of the towns argue that the current timeline will overburden their planners, many of whom work with multiple municipalities across the state. Town officials rely on qualified planners who generally work on contractual bases to draft housing plans on their behalf. Additionally, these towns argue that the current schedule will limit their ability to solicit public comment before the adoption deadline at the end of June.

“ I just believe that we're being set up for failure,” said Mayor Tracy Kallert of Woodland Park in Passaic County. “The date is definitely rushing us, and it's just not feasible.”

Court records show at least 40 of the requests had been denied as of Friday. All of the requests are slated to be reviewed over the next few weeks.

Housing advocates and builders have opposed the motions for an extension. Attorneys for Fair Share Housing Center, a nonprofit that negotiates affordable housing plans with municipalities across the state, wrote in court filings that the extension requests are based on “overblown” circumstances or incorrect reading of the law.

Attorneys for the New Jersey Builders Association, a large trade organization that represents developers and contractors, also criticized the towns, given that they’ve had an idea of what their requirements would be since October 2024.

New Jersey is in the midst of an aggressive statewide campaign to add about 80,000 new affordable homes and repairing another 65,000 over the next decade. Under a series of state court decisions starting 50 years ago, creating what's known as the Mount Laurel doctrine, each municipality across the state is expected to contribute its "fair share" of affordable homes.

The state is currently entering its fourth round of housing development under the doctrine, and past rounds have prompted contentious legal battles over where affordable homes should be built.

The deadline dispute is the latest conflict in what many advocates and lawmakers had hoped would be a more streamlined process compared to past rounds.

Earlier this year, more than a quarter of the state’s 564 municipalities asked a panel of judges overseeing the affordable housing process to reduce their requirements, with many citing a lack of available developable land in their towns. Fair Share Housing Center and the builders’ association opposed many of those requests. But after negotiations, the state’s panel of judges gave dozens of towns lower housing targets.

East Brunswick, one of the largest municipalities in Middlesex County, is among those that have had an extension request rejected. Earlier this year, town officials asked that their obligation be reduced from 314 to 265 new homes. Ultimately, the judge landed on 296 units for the town, according to court records.

Mayor Brad Cohen maintains that the 265 number East Brunswick proposed was more reasonable, and that he and other township officials need additional time to figure out where to put the additional units.

“Asking for a little extra time to find spots for another 30 units when we really don't have them, I don't think is a big ask,” Cohen told Gothamist.

But on May 9, Judge Thomas McCloskey found the township had not yet demonstrated it faced circumstances beyond its control ahead of the deadline, according to the order filed in Middlesex County state court.

“We'll have to stay up late nights like you did in college for finals and get the work done,” he said.

In court filings, East Brunswick’s attorneys cited a section of New Jersey state housing law that says municipalities can request a “grace period” if events “beyond the control of the municipality” arise. But Fair Share Housing attorneys opposed the argument, telling the court that the clause is only meant for “unforeseen circumstances” like extreme weather.

Joshua Bauers, an attorney for Fair Share Housing Center, said the extension requests are just attempts to delay the affordable housing process. He said his organization expects it will be denied across the board.

“One of the things that we heard throughout the [last affordable housing] round is that the process was dragging out, it was taking too long,” he said. “Our view is that the Legislature has answered that by putting together a very clear, streamlined process.”

The June 30 deadline is part of a schedule laid out in a 2024 law adopted by the state Legislature that revamped New Jersey’s affordable housing process. State Sen. Troy Singleton, who chairs the state Senate Community and Urban Affairs Committee and co-authored the law, said the extension requests “only slow our collective progress in addressing New Jersey’s critical shortage of affordable housing.”

“We owe it to our residents to move forward — not stall — on plans that create opportunity, equity and stability in our communities,” he said.

Gov. Phil Murphy’s office declined to comment on the towns’ requests.

Records show that some towns are ahead of the state’s schedule. On May 5, officials from South Orange and Westfield adopted housing plans, according to town documents filed in state court.

Jeffrey Surenian, an attorney with Surenian, Edwards, Buzak & Nolan, said his firm represents 90 municipalities. He said it filed for extensions on behalf of 56 towns, though he said none have been granted thus far

“It just makes no sense to not create some breathing room so that towns get it right,” he said. “We'll all have better plans if we have more time to put them together. You can't just wave a magic wand, create a deadline, and expect everything's gonna be done perfectly.”