In September 2024, eight New Jersey Municipalities filed suit in Mercer County challenging the 2024 Fair Housing Act (“FHA”) and Fourth Round Affordable Housing obligations. A total of twenty-six municipalities have now joined in the challenge. Plaintiff municipalities filed an Order to Show Cause, on October 29, 2024, seeking injunctive relief to stay the Fourth Round affordable housing obligations and any obligations under the 2024 FHA.
On January 2, 2025, the Court denied Plaintiff municipalities’ request for relief, denying the order to show cause in its entirety, holding that the obligations and deadlines in the 2024 FHA remain in full force and effect. Nearly immediately, on January 3, 2025, Plaintiff municipalities filed an application with the Appellate Division for permission to file emergent motion for leave to appeal. Plaintiff municipalities requested a determination by January 10, 2025.
In the meantime, if any New Jersey municipality seeks to remain immune from builder’s remedy litigation, they must adopt a resolution by January 31, 2025 either accepting the DCA’s assigned obligation or establishing their own obligation pursuant to the FHA, and file a declaratory judgment action in Superior Court by February 3, 2025.
Defendant State of New Jersey and intervenor Fair Share Housing Center have filed Cross-Motions to dismiss Plaintiffs’ Complaint, for which oral argument is scheduled for January 31, 2025.
For more information on the Fourth Round affordable housing process, please contact Danielle Kinback, Esq. at dkinback@primelaw.com.