Deadline Upcoming for Accepting Fourth Round Affordable Housing Obligation
The Borough of Franklin Lakes adopted Resolution 78-25 Committing To Round 4 Present An Prospective Need Affordable Housing Obligations. This resolution will be attached to a declaratory relief lawsuit filed on January 22, 2025.
Recently, the New Jersey Department of Community Affairs (DCA) posted the calculations of each municipalities’ “present and prospective need” for affordable housing using the required methods under the new affordable housing law (P.L.2024, C.2).
This “fourth round obligation” for new construction for Franklin Lakes was calculated at 497 units. This obligation would be adjusted based on lack of developable land. The Mayor and Council, with the assistance of their professionals, are reviewing the calculation of the Borough’s “fourth round” obligations to assess how best to proceed.
Under the new law, municipalities have until January 31, 2025 to adopt a resolution accepting the DCA calculation or to commit to a number of units based on its own analysis. If a municipality fails to adopt a resolution and subsequently file an action with “the Program” (a group of current or retired judges) by the January 31 deadline, then the municipality will lose its immunity from exclusionary zoning lawsuits. Exclusionary zoning lawsuits are lawsuits brought by developers that seek to develop property at a higher density than is permitted in the zone where their property is located. The Borough currently has immunity from such lawsuits.
This issue will be discussed in closed session at the Mayor and Council meeting to be held on Tuesday, January 21, at 7:30 pm, in the Council Chambers at Borough Hall. The Mayor and Council may take action at that meeting or at a subsequent Mayor and Council meeting.
For more information on the new affordable housing law and the process for accepting the DCA’s fourth round calculation or to modify those numbers, see the links below:
www.njlm.org/CivicAlerts.aspx?AID=3230
www.njcourts.gov/sites/default/files/administrative-directives/2024/12/dir_14_24.pdf