AVALON – A consultant has recommended that the borough accept the state Department of Community Affairs calculated number of 31 affordable housing units as the borough’s obligation for the period 2025 through 2034.
According to Assistant Business Administrator James Waldron, the borough’s existing ordinances, a set of three that deal with affordable housing, would then be able to incorporate that new obligation into the municipality’s planning without the need for further ordinance development.
The law allows municipalities to reject the DCA calculation of their obligation. If this is done, the municipality must come up with its own obligation number, which must be rooted in the statute’s criteria, by Feb. 28.
The current plan in Avalon is based on an affordable housing overlay in the town’s B-1 business district. This represents the fourth round of obligations for affordable housing units.
The Borough Council appeared supportive of the consultant’s recommendation and would have to pass a binding resolution accepting the DCA calculation by Jan. 31. Such an action would give the borough entry into the Affordable Housing Dispute Resolution Program and commit it to adopt a Housing Element and Fair Share Plan, an agreement that outlines how the municipality will meet its affordable housing obligation. This plan must be adopted and filed by June 30.
At the end of the process is adoption of final zoning ordinances. In Avalon’s case, its officials believe the existing ordinances will meet requirements.
There are opportunities in the process where a municipality’s obligation number or its Fair Share Plan can be challenged by interested parties. Any challenges would be handled through the Dispute Resolution Program.
The threat at all times for failure to comply with the new statute is loss of immunity from exclusionary zoning lawsuits where developers can seek to overturn zoning regulations and density limits.
The affordable housing process was spelled out by legislation signed in March 2024 by Gov. Phil Murphy that sets a course for the future of the Mount Laurel Doctrine, New Jersey’s constitutional requirement that every town must provide its fair share of affordable housing.
The new law streamlined the existing process and kicked off with the DCA providing initial numbers for a town’s obligation.
Twenty-six municipalities filed suit against the new affordable housing law, calling for a stay in its implementation. On Thursday, Jan. 2, Mercer County Superior Court Judge Robert Lougy rejected a request for a motion to stay, leaving all municipalities with the need to accept or reject the DCA calculated housing obligation by Jan. 31. No Cape May County municipality was a party to the litigation.
