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Byram council briefed on new state affordable housing law, urged to adopt participation resolution by January
Summary
Township planner Paul Gleitz summarized Bill A4/S50 and its compliance deadlines — including a Jan. 31, 2025 deadline for municipalities to adopt a fair-share resolution to preserve immunity from builder-remedy litigation — and Attorney Tom Collins recommended adopting a participation resolution by January.
Paul Gleitz, a township planning advisor, presented a detailed memo to the Byram Township Council on Bill A4/S50, the new state law that replaces the Council on Affordable Housing and sets timelines and methods for determining municipal fair-share affordable housing obligations. Gleitz outlined key deadlines and mechanics: municipalities must adopt a binding resolution determining their present and prospective fair-share obligation by Jan. 31, 2025 to preserve immunity from exclusionary zoning litigation; the Department of Community Affairs (DCA) is to provide preliminary calculations (published by Dec. 1, 2024); a Housing Element & Fair Share Plan (HEFSP) must be adopted by June 30, 2025; and implementing ordinances are due by March 15, 2026.
Why it matters: The law changes how towns establish their affordable-housing obligations, prescribes caps and new bonus-credit rules (for special-needs housing, nonprofit-developed housing, transit-oriented units, and others), extends deed-restriction control periods, and limits certain uses of municipal affordable-housing trust funds. Gleitz told the council the DCA calculations will follow formulas in the statute and that interested parties will have specific windows to challenge municipal determinations through the Affordable Housing Dispute Resolution Program.
Attorney Tom Collins urged prompt local action: "I strongly recommend adopting a participation resolution by January 2025," he said, noting that adoption of a resolution by the Jan. 31 deadline helps secure the town's position before the fourth round begins. Gleitz also said he will continue to review the legislation and report back after an implementation workshop hosted by the New Jersey Chapter of the American Planning Association.
What the council will do next: Council members asked for the workshop access information and tasked staff to track budgetary implications for 2025. The council did not adopt any formal fair-share resolution at the Sept. 3 meeting; staff recommended further review and a future recommendation on whether to adopt a participation resolution and, later, a HEFSP.
