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Wanaque council adopts resolution to withdraw affordable-housing court action, reaffirms local housing plan
Summary
On May 11, 2026 the Wanaque Mayor and Council adopted a resolution withdrawing the borough's January 28, 2025 declaratory-judgment action on affordable-housing requirements, while reaffirming the borough's commitment to implement its Fourth Round Housing Element and Fair Share Plan. The resolution cites recent state changes and said the borough will continue to pursue affordable housing consistent with its plan.
The Borough of Wanaque Mayor and Council voted on May 11, 2026 to withdraw a declaratory-judgment action the borough had filed on January 28, 2025 that established its present and prospective affordable-housing obligations for the Fourth Round.
Resolution #2026-155, adopted as part of the consent agenda in a unanimous roll call, instructs special counsel to withdraw the lawsuit and to exit the Affordable Housing Dispute Resolution Program. The resolution cites P.L.2024, c.2, which created a new framework for municipal affordable-housing obligations, Administrative Directive #14-24 and an April 27, 2026 executive order from the governor as part of the rationale for withdrawal. The resolution also affirms that the borough remains committed to providing affordable housing consistent with its adopted Housing Element and Fair Share Plan.
The borough previously identified a present need of 15 units and a prospective need of 183 units for the Fourth Round in earlier filings and planning documents. The transcript records that Fair Share Housing Center sought additional mechanisms the borough deemed impractical; the resolution directs counsel to withdraw the DJ action but states the borough will continue local implementation of its plan. The resolution takes effect immediately.
During the consent-resolution public hearing, resident Sandy Lawson asked whether an "overlay zone" applied and criticized the term "low income," saying, "low income is deceptive; it should be called Affordable Housing, even though nothing is affordable." Mayor Mahler replied that much of Wanaque is in the Highlands and therefore not buildable and said housing prices have been pushed above asking prices in the local market.
The withdrawal will be handled by special counsel and borough officials as directed by the resolution; the mayor and clerk were authorized to take steps to effectuate the resolution.
