Zero Affordable Homes?! Franklin Lakes Slammed by Fair Housing Group Over Lowball Quota—A Decisive Legal Battle is Brewing
the staff of the Ridgewood blog
Franklin Lakes NJ, Franklin Lakes, a high-income borough in Bergen County, is in a high-stakes negotiation battle to avoid losing its immunity against devastating builder’s remedy lawsuits.
The borough’s affordable housing plan, known as the Fourth Round Housing Element and Fair Share Plan, has been formally challenged by developer Trelia Franklin Lakes LLC and the influential Fair Share Housing Center (FSHC).
Officials have set a tight deadline: they are attempting to “mediate a resolution” with the two objectors by December 31 to settle the objections and move forward.
The Core of the Objection: Zero New Affordable Homes?
The central controversy lies in Franklin Lakes’ calculation of its affordable housing obligation for the Fourth Round (post-2025). The FSHC contends that the borough was assigned a quota of 497 affordable units. However, based on the borough’s calculations, its plan indicates that “the new law does not require them to create any new affordable homes at all.”
This alleged misinterpretation of the new affordable housing law—specifically how to calculate the Vacant Land Adjustment—is a common issue cited by FSHC’s Director of Exclusionary Zoning Litigation, Joshua Bauers.
The Trelia Proposal: 46 New Units, 9 Affordable
The developer, Trelia Franklin Lakes LLC, is currently proposing a development at 370 and 378 Pulis Avenue that offers a concrete contribution to the borough’s affordable housing needs:
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Total Units: 46 homes
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Market Units: 4 single-family homes and 33 townhouses
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Affordable Units: 9 townhouses (required set-aside)
The borough has authorized its counsel to negotiate a “global settlement” with Trelia. If successful, this settlement would lead to an ordinance adopted in 2026, followed by the project moving through the Planning Board for site plan approval.
Franklin Lakes Among 16 Municipalities at High Risk
The situation in Franklin Lakes is part of a broader struggle across New Jersey. The FSHC recently issued assessments for all 564 municipalities and flagged 16 towns whose affordable housing plans they are actively challenging and are seeking to have their builder’s remedy immunity removed if they fail to comply by the end of the year.
Six of these high-risk municipalities are in Bergen County:
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Franklin Lakes
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Lyndhurst
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Montvale
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North Arlington
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Park Ridge
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Saddle River
What Losing Immunity Means: The Builder’s Remedy Threat
The removal of immunity is a serious threat to municipal control over local development. Builder’s remedy lawsuits are legal actions brought by property owners or developers seeking to compel the town to meet all or a portion of its affordable housing obligation on their land.
As Fair Share Housing Executive Director Adam Gordon noted, towns only lose their ability to control the process when they “refuse to allow any affordable housing and instead obfuscate the entire process.” A successful builder’s remedy lawsuit typically results in a court-mandated, high-density development that bypasses local zoning restrictions.
The Consortium Challenge
Franklin Lakes is also a member of a 27-town consortium, Local Leaders for Responsible Planning, which aims to challenge the Fourth Round affordable housing law. However, of the 16 municipalities facing the loss of immunity, only Franklin Lakes and Montvale (the consortium’s organizer) are members—the remaining 25 towns appear to be in compliance.
The next few weeks will be crucial as Franklin Lakes races against the clock to reach a settlement and maintain control over its zoning and development future.
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This affordable housing BS is a direct result of the ‘mt laurel’ court case when you have liberal NJ state supreme court justices.
Who the F gives people the right to live where they can’t afford it
developers love Mikie Sherrill!
Mikie Sherrill means the death of the suburbs
She made enough off of defense stocks that she can move to wherever she wants.