New Jersey municipalities have a constitutional obligation, recognized in the Mount Laurel line of court decisions, to provide a realistic opportunity for affordable housing. How towns meet that obligation can shape which parcels get rezoned, and that makes it relevant to anyone buying or selling vacant land.
The 2024 Law
Governor Murphy signed A4/S50, now P.L. 2024, c.2, on March 20, 2024. The law formally abolished the Council on Affordable Housing (COAH), directed the Department of Community Affairs (DCA) to calculate regional and municipal obligations, and created an Affordable Housing Dispute Resolution Program to handle challenges.
The Fourth Round
Under the law, the fourth round of obligations began July 1, 2025, and covers 2025 to 2035, with new rounds following every ten years. Municipalities were required to adopt housing elements and fair share plans addressing their obligations, with plans due by June 30, 2025. DCA publishes the fourth round calculations on its website.
Why This Matters to Landowners
Municipalities often rely on private development to meet their obligations. A fair share plan may identify specific sites for inclusionary development, rezone parcels for higher density, or use overlay zones. If your land is named in a plan, its permitted uses may change. If a neighboring parcel is named, that can affect the character of the area as well.
Deed Restrictions on Affordable Units
Affordable units created under the program carry long-term deed restrictions. Reporting on the law describes minimums of 30 years for for-sale units and 40 years for rental units, subject to exceptions. Buyers evaluating a site for inclusionary development should factor these restrictions into their plans.
How to Check Your Parcel
Start with your municipality's master plan housing element and fair share plan, which are typically available from the municipal clerk or planning board and often posted online. Look for your block and lot in any list of identified sites, and check whether recent zoning ordinances have changed your district. A land use attorney or planner can explain what a designation means for your specific property.
This article is general educational information, not legal, tax, or engineering advice. Rules vary by municipality and change over time, so confirm details with the appropriate local officials and your own professionals.