10/01/25
Dear Residents,
Yesterday, September 30th, a state judge dismissed the lawsuit challenging the state's affordable housing legislation (A4/S50) enacted on March 20, 2024. https://newjerseyglobe.com/judiciary/state-judge-dismisses-challenge-to-affordable-housing-law/
Of the 564 municipalities in New Jersey, 36 joined the lawsuit as plaintiffs. Our decision not to participate in the challenge is straightforward and has been shared at public meetings over the past year:
All 564 municipalities would have been impacted by a judicial victory. The non-refundable buy-in for participating towns was $20,000. We felt our taxpayer dollars were more responsibly spent by retaining a dedicated Affordable Housing attorney to address Haworth's interests specifically. We have been working tirelessly with that attorney, our Borough attorney, our Borough Planner, and the Planning Board to deal with the Round 4 legislation in a way that best serves the community--both today, and in the years to come.
In April 2024, shortly after the new legislation was enacted, we held a special town hall meeting at First Congregational Church. We presented a summary of the five decades of state-mandated affordable housing doctrine and spelled out the obligations in the new law (including the stringent deadlines, click here).
As dictated by the law, the Borough submitted our "Housing Plan Element and Fair Share Plan" to encompass and meet its Round 4 obligation so we would be protected from builder’s remedy lawsuits. We did so at the end of June, after holding a public (and widely publicized as such) Planning Board hearing.
The judicial challenge period for the HEFSP lasted until August 31. Fair Share Housing Center did file a challenge to our HEFSP (as they did for the majority of municipalities). Our first court-ordered mediation session is next week and that process may continue until December 31, 2025.
Conceptually, the fact that builders/developers/non-profits do not build affordable housing units without also building market-rate units is one of the constraints in which we have to work. These realities are due to the way the legislation has been structured and the fact that builders work to earn income. To build affordable-only units, the Borough would have to bear the expense (which means with your tax dollars).
Haworth is duty-bound to follow state law. The work we do on this is sensitive and of a nature which could result in litigation. As such, the specifics often must be held back until such time that we are able to openly discuss them (as was done in June).
As your local elected officials, we are duty-bound to follow the law in a way that preserves, protects, and predicts the needs of our community. The ways in which we meet our duty are rightfully open to comment and question, and we remind you that our meetings are all open to the public and our email addresses are listed on the Borough website.
I am proud of the work we have done and continue to do on behalf of our residents, and the way we work together to get it done.
Mayor Heather Wasser
Councilmembers Glenn Poosikian, Andrew Rosenberg, Dina Siciliano, Alanna Davis, Michele DiIorgi, Peter Laub