Council receives legal update on affordable-housing process; temporary immunity granted, briefing and plan schedule set

Legal counsel told Edison Township Council on Monday that the town’s motion for temporary immunity in the ongoing affordable-housing litigation was granted and that the court has set a schedule to determine the township’s eventual obligation.

“...the town's motion for temporary immunity, which was granted,” legal counsel said, adding that interveners had entered the case and the court set a briefing schedule on what the township’s obligation would be. Counsel said the township must file a motion by Sept. 17 and that a hearing is tentatively set for Oct. 20.

Why it matters: The briefing and the court's determination will run in parallel with a five-month period the court has given the township to prepare a housing element and fair-share plan. Council members asked how to make affordable units durable over time; legal counsel said one tool is negotiating extensions of affordability controls or deed restrictions for existing units and implementing 30-year controls where possible.

Next steps: Counsel said staff and the planning board will prepare the plan and the council will review and endorse it in stages: memos to council, plan endorsement, planning board adoption, final council approval and submission to the court. Counsel also noted that appellate review remains a potential later step depending on outcomes.

The council discussed the issue at length during the meeting and said it expects multiple return visits by staff as various plan steps and filings are prepared.