Union County residents push back on housing mandates

Westfield adopted six final ordinances tied to its fourth-round affordable-housing plan on March 10, after months of public debate over density, zoning and the town’s state housing obligation. Mayor Jeremy Berman said at the council meeting that the measures were needed to meet the town’s March 15 compliance deadline. The ordinances followed a February 9 approval by a program judge and covered affordable-housing regulations, development fees and four zoning sites. The fight in Westfield is part of a broader New Jersey dispute over how towns must satisfy the state’s latest affordable-housing cycle under the Mount Laurel doctrine and the 2024 overhaul of the Fair Housing Act. State data released on October 18, 2024 estimated Westfield’s fourth-round need at 397 prospective units, but the town initially filed for 364 after local review. A later settlement with the New Jersey Builders Association set the number at 380. (patch.com) ### Why did Westfield start with 364 units instead of the state’s 397? Westfield’s council voted on January 14, 2025 to file a lower number before the state deadline for municipalities to preserve protection from builder’s-remedy litigation. Graham Petto, the town’s consultant, told the council that adopting a number by January 31 was “very, very important” to maintain immunity from those suits. (westfieldnj.gov) The town argued that the Department of Community Affairs relied on 2020 land-use data and counted sites that local officials believed were not fully developable. Councilman Michal Domogala said the town’s review focused on “the amount of property we think we have that we can build on.” Westfield’s own timeline document said its local analysis reduced the prospective need from 397 to 364. (patch.com) ### How did the number change again to 380? The New Jersey Builders Association filed an objection on February 27, 2025, saying Westfield should use the state’s 397-unit calculation. A settlement later resolved that challenge without either side admitting the other’s claims, and the agreement fixed Westfield’s fourth-round prospective need at 380 units. (patch.com) That settlement let Westfield continue with its housing element and fair share plan inside the judiciary’s Affordable Housing Dispute Resolution Program. Westfield’s amended plan, adopted March 2, 2026, is posted in New Jersey court records and identifies the revised fourth-round plan documents. (westfieldnj.gov) ### What zoning changes drew the most local attention? Four zoning ordinances introduced in February and adopted in March allow inclusionary housing development on designated fourth-round sites at densities of up to 25 units per acre. Berman said the ordinances gave property owners the option to build housing with affordable units in the future, rather than directing the town to build immediately. (library.njcourts.gov) The Stop & Shop site on Elm Street became one focal point. Berman said residential development had long been permitted there if retail remained on the ground floor, and said the new change was the addition of a fourth floor, plus a 25-units-per-acre cap and an affordable-housing requirement. He said the town knew of no current redevelopment plan for the property. (patch.com) ### What were officials saying about construction and local strain? Town Planner Donald Sammet told the council on February 24 that Westfield had committed funding for 30 affordable units, including special-needs housing and 22 units for homeless veterans at the American Legion site on North Avenue, but none had been built yet. Sammet said the biggest hurdle was land cost. (patch.com) Westfield said it has tried to expand production through trust-fund subsidies, pre-approval funding for nonprofits and support for 100% affordable projects. At the same time, officials have framed the zoning work as a way to keep local control while satisfying court and statutory deadlines. NJ Spotlight News reported that towns that do not follow the process risk builder’s-remedy lawsuits that can open the door to higher-density development. (patch.com) ### How does Westfield fit into the wider Union County and statewide fight? New Jersey municipalities broadly accepted the fourth-round process, but many towns filed lower obligations than the state estimated. NJ Spotlight News reported in February 2025 that 441 governing bodies set obligations totaling more than 61,000 units, about 13,000 fewer than the Department of Community Affairs calculations for those communities. (westfieldnj.gov) A separate coalition of suburban municipalities, led by Montvale Mayor Mike Ghassali, challenged the state law in court. Patch reported in January 2025 that Mercer County Superior Court Judge Robert Lougy rejected the group’s request to halt enforcement, while the coalition said it would appeal. Westfield was not listed among the 26 towns named in that Patch report. (njspotlightnews.org) March 15, 2026 was Westfield’s deadline to show compliance with its fourth-round obligations, according to town officials and Patch. The town’s housing plan, settlement documents and implementing ordinances are available through Westfield’s website and the New Jersey courts’ affordable-housing records. (patch.com) (patch.com)