The Truth About “Fair Share”: How NJ State Law is Overriding Local Zoning Boards

The “Urbanization” of Suburbia: Why NJ Towns are Being Forced into High-Density Zoning

photos courtesy of Bruce Paterson

the staff of the Ridgewood blog

Union NJ, If you’ve driven through Union, New Jersey, lately—specifically near Bonnell Court—you might have done a double-take. What was a traditional downtown street in 2017 has, by 2024, transformed into a wall of high-density housing that looks more like Jersey City than a quiet suburb.

before

after

You get what you voted for. Across the Garden State, residents are asking the same question: How did this happen? The answer lies in a complex legal mandate known as “Fair Share” “Affordable Housing”, the Mount Laurel Doctrine, and a new 2024 law that has effectively hit the gas pedal on high-density development.

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What is “Fair Share” & The Mount Laurel Doctrine?

New Jersey is unique in the nation for its Mount Laurel Doctrine. Established by the State Supreme Court in 1975, it rules that every municipality has a constitutional obligation to provide its “fair share” of affordable housing for the region.

The “Forced” Density Reality:

• The Mandate: Towns aren’t just encouraged to build affordable housing; they are legally required to zone for it.

• The “Builder’s Remedy”: If a town doesn’t comply, developers can file a “Builder’s Remedy” lawsuit. This allows a judge to strip the town of its zoning power and let a developer build high-density apartments (often 4 or 5 stories high) as long as a small percentage of units are designated as “affordable.”

• Profit Motive: To make these projects “pencil out,” developers often build 4 market-rate luxury units for every 1 affordable unit. This leads to massive buildings on small suburban lots.

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2017 vs. 2024: The Union, NJ Transformation

The transformation of Bonnell Court in Union (see photos)  is a prime example of what critics call “planning board agendas.” While proponents argue these developments revitalize downtowns and provide housing for the workforce, residents point to the loss of character and the overwhelming of local infrastructure.

The Issue: Many of these boards are under immense pressure to settle with developers to avoid costly lawsuits that the town is almost guaranteed to lose under current state law.

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The “New” Law: Murphy’s 4th Round Mandate

In March 2024, Governor Phil Murphy signed a landmark bill that overhauled the affordable housing system.

• Abolished COAH: The Council on Affordable Housing (which was often criticized for being dysfunctional) was officially abolished.

• Direct DCA Control: The Department of Community Affairs (DCA) now calculates the “magic number” of units each town must build.

• The 4th Round: Starting July 1, 2025, the “Fourth Round” of housing obligations begins. Towns must have their new zoning plans approved by early 2026 or risk losing all control over their local zoning.

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Is it Time for NYC-Style “Setback” Laws?

Many residents, looking at the “canyon effect” created by new buildings like those in Union, are calling for setback laws similar to New York City’s.

• What are setbacks? These laws require the upper floors of a tall building to be “set back” from the street, allowing sunlight to reach the sidewalk and preventing a “wall” effect.

• NJ Municipal Land Use Law (MLUL): Currently, NJ gives towns some power over setbacks, but high-density mandates often override these local preferences to maximize the number of units.

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