Teaneck Housing Standoff: Council Risks “Builder’s Remedy” Lawsuits by Missing State Deadline
the staff of the Ridgewood blog
TEANECK, NJ — The Teaneck Township Council is walking a legal tightrope after a controversial 4-2 vote to table a major “affordable housing” redevelopment ordinance. The decision, made during the February 24 meeting, directly defies warnings from the Township Counsel and puts Teaneck at risk of missing a March 15 statewide deadline.
At the heart of the debate is Ordinance 16-2026, a plan for the Cedar Lane Central Business District. If the township fails to adopt its housing resolutions in time, it faces the “nuclear option” of NJ real estate: Builder’s Remedy lawsuits.
The “Builder’s Remedy” Risk: Why It Matters
Township Counsel Scott Salmon did not mince words when advising the council on the consequences of losing legal immunity. Without the protection provided by meeting the state’s affordable housing mandates, Teaneck loses control over its own zoning.
“If the township loses immunity, we don’t just lose it at the Crossroads site, we lose it everywhere in town,” Salmon warned. “A judge can approve a skyscraper on a quarter-acre of land as long as they get the “affordable housing” units. We won’t get a say in what it looks like or where it goes.”
Missing the deadline could also mean losing negotiated benefits from developers, such as:
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Stormwater remediation plans.
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The inclusion of a local farmer’s market.
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Specific limits on building height and density.
Why the Council Tabled the Vote
Despite the legal warnings, several council members expressed frustration over what they described as a “rushed” process. Deputy Mayor Denise Belcher and Councilwomen Danielle Gee and Hillary Goldberg were among those who voted to postpone.
Key concerns cited by the council include:
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Traffic Impact: Preliminary studies suggested “no significant degradation” to traffic, but members remain skeptical.
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Stormwater Concerns: Despite the township engineer’s approval, some council members questioned the efficacy of the proposed drainage plans.
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Community Input: Members want to wait for an unofficial community update meeting scheduled for March 4.
Councilwoman Gee noted that many residents are vocal about their desire for the town to “roll the dice” and risk the litigation rather than approve the current plan.
Mounting Legal Pressure
The Cedar Lane project isn’t the only headache for the council. On February 26, attorneys for 54 West Englewood LLC and Mohammed Sadiqulla filed objections, claiming the town failed to introduce ordinances for their respective projects. This follows a February 13 objection from Hill Street Realty LLC, which accused the council of slashing building heights from five stories to four without developer consent.
What’s Next? The Race to March 15
The Fair Share Housing Center is watching closely. Spokesman Jag Davies emphasized that the only “safe course” is for the town to ensure all ordinances are adopted by the deadline.
Upcoming Important Dates:
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March 4: Unofficial community update meeting regarding American Legion Drive.
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March 5 or 6: Proposed special council meeting to re-introduce Ordinance 16-2026.
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March 16: Target date for the final public hearing and approval (pushing the Sunday, March 15 deadline to the next business day).
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Tags: #Teaneck #NJRealEstate #AffordableHousing #LocalGovernment #BergenCounty #ZoningLaw #NJPolitics
Thanks for the update.