Will Justice Alito Stop the March Deadline?
the staff of the Ridgewood blog
Montvale NJ, the high-stakes legal war over New Jersey’s Fourth Round affordable housing mandates has reached a fever pitch. On January 30, the 3rd U.S. Circuit Court of Appeals dealt a major blow to a coalition of 29 New Jersey towns, denying an emergency request to delay the looming March 15 deadline.
Led by Montvale Mayor Mike Ghassali, the group—known as Local Leaders for Responsible Planning—is now taking their fight to the highest court in the land: the U.S. Supreme Court.
The Ruling: Another Legal Dead End in the 3rd Circuit
The 3rd Circuit’s one-page order followed a similar dismissal by U.S. District Judge Zahid Quraishi. The court’s refusal to grant a stay means that, for now, municipalities must stick to the state-mandated timeline for adopting affordable housing resolutions.
Mayor Ghassali expressed frustration over the court’s silence on the reasoning behind the decision.
“We are disappointed that the Third Circuit denied our motion without even offering an explanation today,” Ghassali stated. “We will be bringing this case to Justice Samuel Alito, our emergency justice of the Supreme Court of the United States.”
What is at Stake for New Jersey Municipalities?
At the heart of the conflict is the March 15, 2026, deadline. By this date, towns must officially implement their “Fair Share” housing plans. Failure to comply could trigger the “Builder’s Remedy,” a legal mechanism that allows developers to bypass local zoning boards to build high-density housing.
The Numbers by the Deadline:
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380 Municipalities: Already in compliance with initial year-end requirements.
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168 Municipalities: Currently addressing “deficiencies” to meet state standards.
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16 Municipalities: Warned by the Fair Share Housing Center that they are at risk of losing immunity from unrestricted developer lawsuits.
The “Fair Share” Debate: Progress vs. Overdevelopment
For 50 years, New Jersey has operated under the Mount Laurel Doctrine, requiring towns to provide their fair share of low- and moderate-income housing. The net result is housing is more expensive,. taxes have skyrocketed and critics argue the current calculations—based on job growth and existing affordability—lead to unsustainable overdevelopment and strain local infrastructure.
Joshua Bauers, Director of Exclusionary Zoning Litigation at Fair Share Housing Center, is still promoting the fantasy:
“The overwhelming majority of municipalities are embracing New Jersey’s affordable housing law… It’s time to focus on creating the affordable homes New Jerseyans urgently need.”
Timeline of the Legal Battle
The coalition of towns has faced a series of setbacks in multiple courts:
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September 2025: Dismissed by Mercer County Superior Court.
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Late 2025: Two emergent applications denied by the Appellate Division.
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January 20, 2026: Federal lawsuit dismissed by U.S. District Judge Zahid Quraishi.
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January 30, 2026: Appeal denied by the 3rd Circuit.
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Next Step (Monday): Emergency filing to U.S. Supreme Court Justice Samuel Alito.
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