TOMS RIVER – A lawsuit has been filed on behalf of the town because officials are seeking a court ruling on its affordable housing obligations under New Jersey’s Fair Housing Act. The township disagrees with the state’s calculations and aims to establish its own fair share numbers.
Every town in New Jersey has to provide a certain number of affordable housing units, and that number changes based on complicated formulas. These obligations are reassessed every few years based on population growth and housing needs, with the next round beginning in 2025.
Governor Phil Murphy signed an amendment to the Fair Housing Act in March 2024. Applying the standards in the new law, the New Jersey Department of Community Affairs (DCA) issued a report in October 2024, stating Toms River’s “present need” is 526 units and its “prospective need” is 670 units. However, the report also clarifies that these obligation numbers are non-binding.
At the most recent Township Council meeting, Mayor Daniel Rodrick said that the municipality retained the services of Richard Hunt, PP, AICP of the Alaimo Group to review the DCA’s data and establish its calculations of Toms River’s fair share obligations.
Council President Justin Lamb and Councilman James Quinlisk shared their views on the numbers proposed by the state for affordable housing units. (Photo by Stephanie Faughnan)
“He (Hunt) wound up working to remove lands that were improperly classified,” Rodrick said. “He was still left with an enormous number that was frankly unacceptable to the administration and the council, because we just didn’t have the land.”
Rodrick said even with the initial data corrections, the numbers were still going to result in an insignificant reduction in the obligation. However, a turning point came when Council President Justin Lamb provided him with a news story published by Lavallette-Seaside Shorebeat. The smaller community had been able to lessen their obligation because the DCA had included homes in Lavallette as new construction that were actually ones built to rehab or replace those demolished in Superstorm Sandy. Notably, Lavallette’s initial mandate of 35 units was reduced to 7 for the period between 2025 and 2035.
A resolution passed unanimously by all present Council members rejected the DCA’s non-binding calculation of the municipality’s affordable housing obligations and adopted the township’s correctly present need and prospective need numbers. The present need numbers mirror the DCA’s calculations, while the prospective numbers calculated by the municipality for 2025-2035 have been reduced to 114 units based on Hunt’s calculations.
Hunt’s report is included as an exhibit in the lawsuit filed on the township’s behalf by attorney Christopher D. Zingaro of Rainone Coughlin Minchello, LLC, which details his analysis and calculations. It found that the DCA included undevelopable land, such as wetlands, public property, school land, and preserved farmland, in its calculations. Toms River’s own analysis found that its actual developable land is much lower than the DCA’s estimate, leading to a revised future need of 514 units. Further adjustments based on a proposed fair housing amendment bring that number down to 114.
In his report, Hunt explained that The New Jersey Institute of Local Government Attorneys (NJILGA) had proposed an amendment to the Fair Housing Act that would redefine how housing obligations are calculated for the Round 4 cycle from 2025-2035. Instead of relying on projected regional need, the amendment suggested using certificates of occupancy issued for newly built homes or new residential units that do not replace previously existing residential units.
“Toms River Township supports and advances this commonsense amendment,” wrote Hunt. “As many homes damaged in 2012 during Hurricane Sandy were reconstructed in place.”
Under the revised formula, Hunt said that Toms River’s future affordable housing obligation would be only 148 units, which drops to 114 units after applying the township’s land capacity analysis.
Toms River’s lawsuit aims to establish its own housing obligations, secure approval of its housing plan, and protect against future exclusionary zoning lawsuits.
Mayor Daniel Rodrick (left), seated with Business Administrator Jon Salonis, explained the discrepancies in the numbers projected by the state for affordable housing obligations. (Photo by Stephanie Faughnan)
Politics Questioned
Lamb criticized the push for increased housing obligations, attributing it to political agendas and advocacy groups. He said the town was not going to allow it to happen and intended to fight back.
“This is all being pushed by social engineers like Democrat (Senator) Troy Singleton (D-7),” said Lamb. “And the lobbying efforts of the Fair Housing Center, a group of sniveling race-baiting Ivy League Democrats from Trenton who want to tell Toms River we’re not fulfilling our obligations.”
Councilman James Quinlisk said he agreed that the state should not be the one determining the fair housing allotment numbers. However, he did believe there was an obligation to take care of the less fortunate within the community.
“I accept that we’re going to have some of these units, but the requirements that they’re asking of us are a lot,” Quinlisk said. “Our young residents and our seniors will benefit. Single mothers, especially, will benefit from affordable housing.”
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