Maplewood Planning Board to Consider Amended Housing Element and Fair Share Plan at February 26 Special Meeting

Township Taking Final Steps in Fourth Round Process

Since the State’s implementation of the 2024 amendments to the New Jersey Fair Housing Act, the Township of Maplewood has worked to develop an affordable housing plan that honors the Township’s commitment to providing affordable housing opportunities while ensuring that the Township maintains its immunity from all exclusionary zoning lawsuits, including builder’s remedy lawsuits.

In the spring of 2025, court orders established the number of units that each municipality had to address for the Fourth Round, which for Maplewood was 216 affordable units. The Township’s Housing Element and Fair Share Plan, adopted and submitted to the Court for approval in June 2025, proposed to address these units through a combination of inclusionary development in various redevelopment areas, as well as a 100% affordable project proposed by a leading affordable housing developer. 

In September 2025, like the vast majority of communities across the State, the Township received legal challenges to its Housing Element and Fair Share Plan - one from the Fair Share Housing Center, and one from 161 Maplewood Investors, LLC and its affiliate Greenpoint NJ, LLC, the owners of 161 Maplewood Avenue and 11 Inwood Place. The Township reached a settlement with the Fair Share Housing Center in December of 2025 as part of the State required mediation program. The Township is proud to have worked collaboratively with Fair Share Housing Center for decades in championing creative and impactful affordable housing opportunities in every corner of our community. The settlement agreement contemplated updates to the Township’s 2025 Housing Element and Fair Share Plan to identify additional sites for inclusionary developments.

One of these sites was 11 Inwood Place (its neighboring property, 161 Maplewood Avenue, was already included in the 2025 Housing Element), which is part of the “movie theater block” in Maplewood Village. In order that the two adjoining properties could be developed with one project, the settlement agreement required the Township to include 11 Inwood Place in a redevelopment area, and to adopt a redevelopment plan for the two properties. 

On February 10, 2026, after testimony and public comment, the Planning Board voted  that 11 Inwood Place should not be added to the redevelopment area. As a result, the Township needs to immediately enact an amended Housing Element and Fair Share Plan and revised zoning ordinances that do not include 11 Inwood Place in order to meet statutory deadlines in mid-March. 

A draft amendment to the Township’s Housing Element and Fair Share Plan which does not include 11 Inwood Place, and as a result proportionally reduces the number of units to be developed by 161 Maplewood Investors, LLC from 65 units (including 13 affordable units) to 50 units (including 10 affordable units), has been prepared for the Planning Board’s consideration at its upcoming special meeting on February 26th. In addition, on February 11, 2026, Township representatives met with a property owner who is seeking to build 25 units, including 5 affordable units, on a vacant parking lot. This project has been added to the draft Housing Element and Fair Share Plan amendment.  

Late in the day on February 11th, the Township received a copy of a settlement recommendation issued from the State mediation program to the judge overseeing affordable housing challenges in Essex County. That recommendation still included 11 Inwood Place and 65 total units to be developed by 161 Maplewood Investors, LLC.  The Township has reached out to the Fair Share Housing Center and to 161 Maplewood Investors, LLC to notify them of the changes to the proposed Housing Element and Fair Share Plan necessitated by the exclusion of 11 Inwood Place from the redevelopment area. 

The court will ultimately determine if the revised Housing Element and Fair Share Plan is in compliance with the Fair Housing Act. If the court determines that the plan is not in compliance, the Township would lose its protection from exclusionary zoning lawsuits, including builder’s remedy lawsuits. 

Upcoming public meetings and key actions: 

February 17th - Township Committee meeting

• Introduction of ordinance authorizing amendments to Redevelopment Plan for Redevelopment Area 2 to include 100% affordable housing developments. These amendments were reviewed by the Planning Board on February 10th. 
• Introduction of ordinance implementing affordable housing overlay zones in multiple locations and referral of the ordinance to the Planning Board.
• Introduction of ordinance establishing updated affordable housing set-asides, fees, and procedures to reflect updated State regulations, and referral of the ordinance to the Planning Board.

February 26th - Planning Board meeting

• Consideration of revised Housing Element and Fair Share Plan.
• Review ordinance implementing affordable housing overlay zones in multiple locations. 
• Review ordinance establishing updated affordable housing set-asides, fees, and procedures to reflect updated State regulations.

March 3rd - Township Committee meeting

• Resolution endorsing revised Housing Element and Fair Share Plan.
• 2nd reading and public hearing on ordinance authorizing amendments to Redevelopment Plan for Redevelopment Area 2 to include 100% affordable housing developments. 
• 2nd reading and public hearing on ordinance implementing affordable housing overlay zones in multiple locations. 
• 2nd reading and public hearing on ordinance establishing updated affordable housing set-asides, fees, and procedures to reflect updated State regulations.
• Resolution adopting the Township’s affordable housing spending plan.
• Resolution adopting the Township’s affordable housing marketing plan.