The New Jersey Department of Community Affairs (DCA) has released non-binding calculations regarding the number of affordable housing units each of the state's 564 municipalities must build or rehabilitate by 2035. The DCA’s plan calls for the construction of 80,798 new affordable units over the next 10 years, adding to the 65,410 unconstructed residences left over from previous decade-long rounds of affordable housing.
Local governments have until January 31, 2025, to either adopt these figures or provide their own calculations in accordance with state law. Additionally, they must submit detailed plans by June 30, 2025, outlining how they will achieve the required housing targets.
These calculations stem from a law enacted in March, which codified the Mount Laurel Doctrine. This legal doctrine, established by the courts, mandates that New Jersey municipalities' zoning laws provide realistic opportunities for the development of affordable housing for low- and moderate-income households.
However, the state's estimates have prompted resistance from some municipalities, which argue that the figures underestimate the extent of new development required and overestimate the availability of development opportunities.
A coalition of 21 municipalities, led by Montvale, filed a lawsuit against the state last month, claiming that the new law is unconstitutional. The lawsuit contends that the state improperly delegated rulemaking authority to the judiciary, imposed an unfunded mandate on municipalities through increased legal expenses, and conferred appointment powers on the judiciary that should be reserved for the elected branches of government.
The state has yet to respond to the lawsuit and recently requested additional time to prepare its defense.