PASCACK VALLEY—North Jersey mayors face critical deadlines to adopt and file their fourth-round affordable housing obligation numbers or risk losing immunity to builder’s remedy lawsuits. Towns must have their housing plans finalized by Jan. 31, 2025, and file them with state officials within 48 hours.
These housing numbers are due to be provided to municipalities by Oct. 20, though even if the numbers are delayed, the deadline remains firm.
Joseph Burgis, a longtime planning consultant and affordable housing expert, delivered this urgent message during the Bergen County League of Municipalities meeting on Oct. 8 at Coach House Diner in Hackensack. His presentation provided timelines, legal warnings, and guidance on how towns—including in the Pascack Valley—can comply with the state’s new affordable housing law.
Among the attendees were Hillsdale Mayor Michael Sheinfield, Westwood Mayor Ray Arroyo, Old Tappan Mayor Thomas Gallagher, Montvale Mayor Michael Ghassali, Hillsdale Councilor John Ruocco, Closter Mayor John Glidden, Alpine Mayor Paul Tomasko, Woodcliff Lake Borough Administrator Tomas Padilla, Norwood Mayor James Barsa, Old Tappan Administrator Anna Haverilla, and Westwood Assistant Borough Administrator Karen Hughes.
Before Burgis’ detailed explanation, Paul Tomasko, the league’s vice president, laid out the broader implications of the new law. He explained that a lawyers association recently reported the law could require 85,000 affordable units over the next decade, from July 2025 through June 2035. That would mean constructing nearly 425,000 total housing units—triple the number built in the past decade.
Tomasko noted that none of the towns oppose affordable housing but said, “The question is how do we go about it?” He urged mayors to follow the Fair Housing Act, referencing the costly example of Englewood Cliffs. After years of resisting affordable housing obligations, Englewood Cliffs lost zoning control and paid $8.3 million in settlements, while approving 450 multifamily units with 90 affordable units at 800 Sylvan Ave. Another 60-unit affordable-only building is planned for the borough’s Hudson Terrace property. Tomasko warned against rolling the dice with legal battles.
Tomasko added that environmental and conservation groups will need to take a stand to preserve the state’s undeveloped land. He also stressed the “disproportionate influence” of advocacy groups like Fair Share Housing Center in shaping the affordable housing process and highlighted the state’s reliance on builder’s remedy lawsuits to push developments.
Following Tomasko’s remarks, Burgis emphasized the urgency for mayors to begin finalizing their affordable housing numbers as soon as possible—ideally by December or early January. Even though the state’s housing numbers are due to municipalities by Oct. 20, towns must have their resolutions adopted and filed by Jan. 31, 2025, or face legal consequences.
Gov. Phil Murphy in March signed significant affordable housing legislation that revamps how New Jersey municipalities meet their Mount Laurel obligations, moving the process from courts to “a new streamlined system.” The bill (A-4/S-50) creates a framework for towns to determine and enforce affordable housing obligations, starting in 2025. The Department of Community Affairs will issue non-binding calculations for towns’ needs, and disputes will be expedited by the Judiciary.
This legislation also abolished the defunct Council on Affordable Housing and introduced a bonus credit system to incentivize certain types of housing projects.
Meanwhile, a coalition, Local Leaders For Responsible Planning, spearheaded by Montvale Mayor Michael Ghassali, is challenging the new law, alleging it imposes extensive affordable housing obligations on municipalities while failing to adequately consider local conditions and resources. [See story, page 3]
Burgis, who founded his namesake firm in 1988, told the mayors that municipalities must adopt a resolution by Jan. 31, 2025, either accepting the state’s affordable housing obligation number or calculating their own. Any self-calculated numbers must use Jacobson’s Method, a formula mandated by the state’s new law.
The law appears to require towns to add 25% more prospective affordable units after subtracting those excluded by a Vacant Land Analysis, which most suburban towns are expected to conduct.
However, there is uncertainty about whether this 25% addition applies to the realistic development potential (RDP) number—affordable obligations minus deductions for non-developable land. Burgis said clarification from the state is needed.
He also explained that 20% of a municipal affordable housing trust fund can be used for administrative costs, including conducting a Vacant Land Analysis. Additionally, the law now allows up to 30% (an increase from 25%) of affordable units to be designated for senior housing.
Burgis said he anticipates that most suburban towns will conduct vacant land analyses to identify available land and account for constraints, such as wetlands, stream buffers, and preserved areas. These analyses will help determine how much land is realistically available for affordable housing development.
Asked whether developers could present lots held for affordable housing, Burgis said those lots would need to be assessed for redevelopment potential, considering the zoning and neighborhood characteristics, as well as whether the area has deteriorated.
At the meeting’s close, Closter Mayor John Glidden summarized the message: “If I had to say one thing that came across loud and clear: Don’t miss any deadlines.”