TOMS RIVER – A Superior Court judge has given Toms River one final opportunity to complete its revised affordable housing plan while preserving the township’s protection from builder’s remedy lawsuits, setting an August 26 hearing that could determine whether the township retains control over future residential development.
During a July 9 status conference, Superior Court Judge Sean D. Gertner continued the township’s temporary immunity after attorneys explained they had not completed the legal agreements needed for the Township Council to act on the revised affordable housing plan.
“The municipality could not act,” Gertner said. “There was no final document for them to debate and present and act.”
Instead of lifting the township’s immunity, Gertner ordered the court-appointed special adjudicator to issue a report by July 31 before a combined fairness and compliance hearing August 26. “We need to have some finality,” he said, describing the schedule as a clear “goalpost.”
The latest extension marks the third time Gertner has delayed a final ruling while negotiations continue among the township, the Fair Share Housing Center and developers challenging portions of the plan. The judge first granted temporary relief in April after finding Toms River had made good-faith efforts toward compliance despite missing the state’s March 15 deadline, followed by another extension in June to allow mediation to continue.
Affordable housing under New Jersey law consists of deed-restricted homes reserved for low- and moderate-income households. Municipalities must adopt plans providing a realistic opportunity for those homes. If not, they risk builder’s remedy lawsuits that can allow developers to build more homes than the town would normally approve. Temporary immunity protects municipalities while courts review those plans.
Why The Council Didn’t Vote
Two affordable housing ordinances originally appeared on the Township Council’s July 8 agenda but were removed before the meeting.
Township affordable housing attorney Christopher D. Zingaro told Gertner that attorneys representing the township and the Fair Share Housing Center were still finalizing amendments to the settlement agreement that forms the foundation of the revised plan.
“We are very close to finalizing, but we needed more time to get that across the finish line,” Zingaro said. “For that reason, materials were not presented to the Township Council agenda.”
Mayor Daniel Rodrick gave the same explanation in response to questions from this reporter. “We are awaiting completion of all the agreements with the lawyers,” Rodrick said.
The ordinances would amend the township’s Housing Element and Fair Share Plan by incorporating the revised settlement, including two township-owned Route 9 affordable housing sites, additional units tied to the Jamestown and Route 37 developments and agreements extending affordability restrictions on roughly 400 existing apartments.
Hope’s Crossing Forced A New Plan
The revisions became necessary after a key component of the township’s previously adopted affordable housing strategy unexpectedly fell through.
In December 2025, Toms River adopted a Housing Element and Fair Share Plan that relied heavily on extending affordability restrictions at Hope’s Crossing rather than constructing large numbers of new affordable housing units. When Hope’s Crossing later withdrew from the agreement, township officials were forced to redesign the plan before the court could certify compliance.
The Hope’s Crossing agreement would have satisfied a significant portion of the township’s affordable housing obligation through existing deed-restricted affordable apartments.
The revised plan substitutes property along Route 9 and other sites. Rodrick said the revised plan would dramatically reduce future development compared with earlier proposals. He added that state affordable housing obligations could have resulted in roughly 8,000 apartments when market-rate housing was included.
Instead, Rodrick said negotiations with the Fair Share Housing Center produced a plan centered on preserving existing affordable housing while limiting new construction. “We got it knocked down to around 250 units with 200 of those units being built as 100 percent affordable,” he said.
The mayor said agreements have also been reached to preserve approximately 400 existing affordable apartments by extending deed restrictions for another 30 years. “It was a major victory in our ongoing fight against overdevelopment,” Rodrick said. “The prior administrations did around 5,000 apartments in the last round. We hit the cover off the ball.”
Meridia Remains In Court
Rodrick also stressed that the revised settlement excludes Meridia, the developer that has spent years pursuing a mixed-use redevelopment project in Toms River’s downtown waterfront area.
“Meridia is not part of the agreement that we have with Fair Share,” he said. “They are not part of the plan nor will they be.”
Although Meridia is not part of the proposed settlement, it remains an active challenger in the affordable housing litigation and separate redevelopment lawsuits against the township, including a builder’s remedy action. Gertner ruled the company must remain involved because its pending claims could be affected by the final housing plan.
Rodrick maintains the developer should have no future role in the township’s affordable housing strategy. “They blew all of their contract deadlines and Mo gave them another year,” Rodrick said, referring to former Mayor Maurice “Mo” Hill. “Then they blew all their deadlines again. They’re in breach of their agreement. It’s not happening.”
Members of the Township Council majority and others involved in the debate dispute Rodrick’s characterization, arguing that many of the developments approved during the previous housing round resulted from court settlements and state affordable housing obligations spanning multiple administrations. They also note the township had already adopted a compliant plan before Hope’s Crossing withdrew, making the current proposal a revision rather than an entirely new strategy.
The court has not yet determined whether the revised plan satisfies New Jersey’s affordable housing requirements. That decision is expected at the August 26 compliance hearing.
Case Moves Toward Conclusion
While extending the township’s immunity, Gertner made clear that the case is entering its final phase. The judge praised the attorneys representing the township, the Fair Share Housing Center and the developers for working cooperatively despite representing competing interests, while cautioning that everyone must continue sharing information as the revised agreements are completed.
“I do not want a letter… indicating that there was a lack of cooperation,” the judge said.
Zingaro, the town’s affordable housing attorney, told the court that negotiations with the Fair Share Housing Center remain active and that the amended settlement agreement is nearing completion.
If the court certifies the revised plan in August, Toms River will retain protection from builder’s remedy lawsuits while maintaining greater control over where affordable housing is built. If the plan is rejected, the township could lose that immunity, reopening the door for developers to pursue projects that exceed local zoning in exchange for providing affordable housing.
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