Toms River officials have filed a lawsuit to determine the town’s affordable housing obligations under New Jersey’s Fair Housing Act. The township disputes the state’s calculations and seeks to establish its own numbers for required affordable housing units.
Every municipality in New Jersey must meet a set number of affordable housing units, which is periodically reassessed based on population growth and housing needs. The next reassessment is scheduled for 2025.
In March 2024, an amendment to the Fair Housing Act was signed into law, and later that year, the New Jersey Department of Community Affairs (DCA) released a report estimating that Toms River would need to provide 526 units to meet current demand and an additional 670 units for future needs. However, these figures were labeled as non-binding.
To review these numbers, the municipality hired a professional planner to analyze the DCA’s findings and provide a more accurate assessment. The analysis led to the removal of misclassified land, including undevelopable areas such as wetlands, public lands, school properties, and preserved farmland. Despite these corrections, the revised figures remained too high due to limited available land.
A turning point in the township’s approach came after reviewing a case from a neighboring town, where a significant reduction in housing obligations was achieved by proving that homes classified as new construction were actually replacements for those destroyed in Superstorm Sandy. Using this precedent, Toms River officials sought to adjust their own housing calculations.
As a result, the Township Council unanimously rejected the DCA’s non-binding estimates and adopted revised figures based on a land capacity analysis. While the township accepted the state’s assessment of its immediate housing need, it significantly reduced the projected requirement for 2025-2035 from 670 units to 114.
The lawsuit, filed on behalf of the township, includes a detailed report outlining how the DCA’s original calculations overestimated available land. After reassessing the amount of truly developable property, the township determined that its future housing requirement should be set at 514 units. Additional adjustments, incorporating a proposed amendment to the Fair Housing Act, further reduced the number to 114.
A proposal by a legal advisory group suggests changing the way affordable housing obligations are calculated for the upcoming 2025-2035 cycle. Instead of using projected regional demand, the new approach would base obligations on the number of newly built homes that do not replace previously existing ones. Toms River officials support this revision, as many of the homes built in the area after Hurricane Sandy were replacements rather than additions to the housing stock.
If the proposed methodology is adopted, Toms River’s affordable housing obligation would be further adjusted to 148 units, which drops to 114 after accounting for land capacity constraints.
By pursuing legal action, the township aims to establish its own housing obligations, gain approval for its housing plan, and prevent future legal challenges related to zoning.
Some local officials have expressed concerns that the state’s housing mandates are driven by political agendas and advocacy groups rather than practical considerations. There is skepticism about external influences determining housing quotas, with officials emphasizing the need for local decision-making.
While acknowledging the importance of providing affordable housing for lower-income residents, including young families, seniors, and single mothers, officials argue that the current state-imposed requirements are excessive. They maintain that the township is committed to meeting its fair share of housing needs but must do so in a way that aligns with local resources and land availability.
