Court Approves Dunellen's Request for Housing Plan Extension Due to Staffing Changes
Our firm recently scored a rare legal victory in New Jersey’s affordable housing compliance process for the Borough of Dunellen.
After their municipal planner resigned unexpectedly, the Borough was left without the professional expertise to complete its Housing Element and Fair Share Plan (HEFSP)—a complex, state-mandated document required for compliance with affordable housing regulations.
Missing the HEFSP filing deadline can have serious consequences, exposing municipalities to exclusionary zoning lawsuits and the loss of legal protection that allows them to control where and how affordable housing is built.
Jessica Almeida represented Dunellen in this case and filed a motion requesting an extension to file Dunellen’s HEFSP. In a twenty-one page written decision, the Court granted Dunellen’s Motion for an extension. While many other municipalities have sought similar extensions, the requests were almost universally denied, making this a significant and highly unusual decision in New Jersey’s affordable housing space.
Now, Dunellen has a 30-day grace period to finalize its affordable housing plan for the Fourth Round housing cycle. This landmark ruling offers hope to other towns facing similar challenges in meeting strict state mandates.