Judge Gertner has Issued a Decision on Toms River’s Affordable Housing Obligations

A major court decision was issued on March 27, 2026 regarding Toms River’s affordable housing obligations—and here’s what it means in plain English:

🔹 The Judge’s Decision
The Court found that Toms River’s current housing plan is NOT compliant with New Jersey’s affordable housing (Mount Laurel) requirements. However, the Court recognized the Township is making progress and is continuing negotiations.

🔹 Was an extension granted?
YES. The Court granted Toms River additional time to continue negotiations and fix its plan.

🔹 Has “Builder’s Remedy” been imposed?
NO. Builder’s remedy has NOT been imposed.
➡️ Instead, the Township retains temporary immunity from builder’s remedy lawsuits—for now—as long as it meets court requirements.

🔹 What must Toms River do?
By April 9, 2026, the Township must:

  • Adopt a binding resolution committing to implement its affordable housing plan and required ordinances.

🔴 If they fail to meet this deadline:

  • Their case can be dismissed
  • They could lose immunity
  • Developers may pursue builder’s remedy lawsuits

🔹 Next key date
📅 April 23, 2026 at 9:30 AM – Court hearing to review progress and continued immunity.

🔹 Affordable Housing Obligation
Toms River is required to plan for:

  • 526 units (rehabilitation / present need)
  • 649 units (new / future need)
    ➡️ Total: 1,175 affordable housing units

📌 Bottom line:
Toms River has been given more time—but is on a strict deadline. Compliance keeps protections in place. Missing deadlines could open the door to developer-driven projects under builder’s remedy.

Stay informed.