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Mountainside mayor says updated plan preserves builders'remedy immunity through 2035
Summary
The mayor told council that Mountainside has updated its affordable housing plan in line with 2024 Fair Housing Act amendments and retains immunity from builders'remedy lawsuits through February 2035 while the borough completes administrative steps including planning board review and implementing ordinances.
The mayor reported that the Borough of Mountainside has updated its 2014 affordable housing plan to comply with amendments to the Fair Housing Act enacted in 2024 and said the borough remains protected from builders'remedy lawsuits through February 2035 while it completes administrative steps.
"The borough has met its state mandated affordable housing obligation and has been immune from builders remedy lawsuits since it received the judgment of repose back in 2014," the mayor said. He explained the updated plan does not anticipate specific new affordable housing projects, though three projects already built continue to satisfy the 2014 plan.
The mayor said the council adopted a resolution on 02/17/2026 accepting recommendations from a retired judge and a municipal planner to amend the updated plan; between the meeting date and a later compliance deadline the borough will adopt ordinances and administrative measures needed to implement those recommendations.
A council member (John) corrected one scheduling detail on the record, stating the correct compliance date for full implementation is May 19 rather than March 19. The mayor acknowledged the correction.
The mayor invited public participation and then moved the meeting toward an executive session covering contracts, litigation and personnel matters. No members of the public addressed the council in the public hearing portion recorded in this transcript.
Next steps recorded in the meeting are planning board review of the amended plan and subsequent council ordinances to implement the judge and planner recommendations; the mayor said the borough expects to retain its builders'remedy protections while those steps are completed.
