Affordable housing

Hillsborough's Fourth Round housing plan

The state estimated 565 new affordable homes for 2025–2035. The township's June 2025 plan says only 223 can realistically be planned for now and counts 300 credits against that number. Twelve parties challenged the plan, a court mediator recommended a finding that it is not yet compliant, and the township is settling with challengers under court supervision.

Checked against the primary record on . Every figure on this page is sourced at the foot of the article.

Not certified; disputes still before the court Last moved

What happens next

The Township Committee meets November 10 (special meeting), November 24 and December 15. The township attorney said on September 22, 2026 that any settlement agreement will be approved at a public meeting. Any rezoning to carry out the plan has to be introduced as an ordinance, reviewed by the Planning Board and given a public hearing before adoption.

Every New Jersey town had to set its affordable-housing obligation for 2025–2035, the “Fourth Round”, adopt a plan to meet it by June 30, 2025, and adopt the zoning to carry it out by March 2026. Towns that comply are protected from builder’s-remedy lawsuits, in which a developer asks a court to override local zoning.

The state’s non-binding estimate for Hillsborough was 565 new affordable units. In January 2025 the Township Committee committed to 270 instead (Resolution R-51-2025). The plan the Planning Board adopted on June 12, 2025 starts from 565, then applies land-capacity adjustments that set the township’s realistic development potential at 223, leaving an “unmet need” of 342. It claims 300 credits against the 223, mostly from three large inclusionary sites: 398 townhouses and stacked flats on Homestead Road, 156 units on Route 206 and 207 apartments on Falcon Road.

The plan is not certified. Fair Share Housing Center and eleven landowners or developers challenged it. After a December 2025 hearing, a member of the court’s Affordable Housing Dispute Resolution Program recommended a finding that the plan is “not presently in compliance”, along with a short extension of the township’s protection while the judge oversees further talks. On March 10, 2026 the Committee adopted a binding resolution (R-117-2026) committing to adopt the zoning once the disputes are resolved. On March 24 it approved settlements with two challengers and amended a Third Round settlement. One other challenger withdrew in February. The terms of the settlements have not been published, and no compliance certification or Fourth Round rezoning ordinance is in the public record.

Residents can follow the case on the court’s Somerset affordable-housing page (docket SOM-L-000148-25), comment on introduced ordinances at Engage Hillsborough, and speak at the Planning Board and Township Committee hearings on any rezoning. Several challengers are companies whose warehouse plans were turned down: see Warehouses.

The housing plan, explained

Timeline

Each dated event on this issue, oldest first, linked to the full sourced entry.

  1. Resolved State estimates Hillsborough's Fourth Round obligation: 565 new affordable homesThe Department of Community Affairs estimated Hillsborough's 2025–2035 obligations at a present need of 111 and a prospective need of 565. The law calls these estimates non-binding.
  2. Resolved Committee commits to 270 units instead of 565 and goes to courtResolution R-51-2025 accepted a present need of 111 and committed to a prospective need of 270, not the state's 565, after the township's planner found the state's land data "overinclusive". The township filed its court case, SOM-L-148-25, the next day.
  3. Resolved A court order on Hillsborough's obligations, not made publicA March 2026 township resolution refers to an April 23, 2025 court order establishing Hillsborough's fair share obligations. The order is not posted, and LocalWhy has not seen what number it set.
  4. Resolved Planning Board adopts the Fourth Round housing plan: 223 realistic, 300 creditsThe Planning Board adopted the Housing Plan Element and Fair Share Plan. It starts from the state's 565, applies land-capacity adjustments that set a realistic development potential of 223, and claims 300 credits, leaving an unmet need of 342.
  5. Resolved Housing plan filed with the court and the Dispute Resolution ProgramThe township filed its adopted plan with the court and the Affordable Housing Dispute Resolution Program, within the deadline. The Township Committee had approved a resolution accepting the plan on June 24.
  6. In court Twelve parties challenge the township's housing planFair Share Housing Center and eleven landowners and developers filed challenges to the plan. Murray Contracting filed on August 28 and Robertson Douglas Group on August 29.
  7. In court Program member recommends: plan "not presently in compliance"After three settlement conferences and oral argument from the remaining challengers, the Dispute Resolution Program member recommended that the court find the plan not presently in compliance, extend the township's immunity "for a few more months" and oversee further negotiations.
  8. In court Judge orders: adopt the zoning by March 16, or commit to it by binding resolutionJudge Mennen ordered the township, by March 16, 2026, either to adopt its amended plan and implementing ordinances or to adopt a binding resolution committing to adopt them once the disputes are resolved.
  9. Resolved Adoni Property Group withdraws its challengeAdoni Property Group LLC withdrew its objection to the township's housing plan with the court.
  10. In court Committee commits to adopt the housing zoning after the disputes endResolution R-117-2026 commits the township to adopt the ordinances and resolutions that carry out its housing plan "following the resolution of the disputes", adjusted to reflect their outcome. It passed on a unanimous consent agenda and was filed with the court the next day.
  11. Resolved Settlements approved with two challengers; Valley Road Realty settlement amendedThe Committee approved settlements with Murray Contracting and Homestead Corner (279 Homestead Road) and with Robertson Douglas Group (Mountainview Road), and a first amendment to the 2020 Valley Road Realty settlement. The agreements' terms have not been published.
  12. Resolved Committee consents to sewer application for 88 affordable rentals at Sherman TractThe Committee consented to the state treatment works (sewer) application for Sherman Tract Phase II, 88 affordable family rental homes on Camplain Road that the Planning Board approved in 2024.
  13. Pending Township: first master plan elements may come before the end of 2026In written answers to residents' questions, the township said the Goals and Objectives, Land Use Element, and Housing Element and Fair Share Plan "may be considered before the end of 2026", with other elements in 2027.
  14. Pending Township attorney: any settlement will be approved at a public meetingResponding to public comment, the township attorney said "any settlement agreement will be approved at a public meeting." Affordable housing and warehouse litigation were on the closed-session agenda that night.

Explainers

  • Hillsborough's Fourth Round Housing Plan, Explained: 565, 270, 223 and 300

    The state estimated 565 affordable homes. The township committed to 270, then adopted a plan that says 223 can realistically be planned for now and claims 300 credits. Twelve parties challenged it, a court mediator recommended a finding that it is not yet compliant, and settlements are being made one by one. What each number means, where the case stands and what is still not public.

Documents

The township's own records on this issue. Each links to the official copy.

Meetings

  • Township Committee — September 22, 2026

    The Committee released the contractor's performance bond on the Route 206 pedestrian bridge and adopted the wrecker-fee ordinance. The 2026 repaving program had begun. Residents raised Flock cameras and Iron Peak's operating hours.

  • Township Committee — July 28, 2026

    A 27-item consent agenda passed unanimously: $695,616.65 for the 2026 road paving program, $253,070 for Flemming Drive sidewalks, and $78,967.50 to demolish the old municipal building. About 24 residents spoke, the most of the year, including opposition to chip-sealing roads.

  • Planning Board — June 11, 2026

    The Planning Board found the Sunnymead Landfill Redevelopment Plan (Ordinance 2026-07) consistent with the master plan, 7-0, and recommended that the Township Committee adopt it. The Valley Road Realty housing application was carried to July 9.

  • Township Committee — March 24, 2026

    The Committee adopted Ordinance 2026-03, selling the Mindel tract's development easement to the state at $30,600 an acre. It approved three affordable-housing settlements, designated a Sunnymead Road lot an area in need of redevelopment, and sought bids to demolish the old municipal building.

  • Township Committee — March 10, 2026

    Ordinance 2026-03, selling the Mindel tract's development easement to the state farmland program, was introduced unanimously. The consent agenda committed the township to adopt its Fourth Round housing ordinances and amended the Belle Mead depot solar sublease.

  • Township Committee — January 27, 2026

    A 30-item consent agenda passed unanimously, including the Farm Road design contract, the county recycling agreement and Rehabco as the affordable-housing administrative agent. Ordinance 2026-01, which implements the warehouse settlement, was introduced unanimously.

  • Township Committee — December 15, 2025 (special meeting)

    A 5 pm special meeting held in executive session only, on affordable housing and a personnel contract negotiation. There was no public comment, and no video of this meeting was found.

  • Planning Board — December 4, 2025

    On a court-ordered remand, the Planning Board voted 5-0 to reaffirm its 2022 denial of the 107,366-square-foot Harvard Way warehouse. It also heard a progress update on the 96-unit Campus Associates apartments, 23 of them affordable.

Sources for this overview

  1. Housing Plan Element and Fair Share Plan, adopted June 12, 2025 LocalWhy copy of Housing Plan Element and Fair Share Plan, adopted June 12, 2025 (opens in a new tab)
  2. Resolution R-117-2026, as filed with the court March 11, 2026 LocalWhy copy of Resolution R-117-2026, as filed with the court March 11, 2026 (opens in a new tab)
  3. Resolution R-51-2025 (court Exhibit A), January 28, 2025 LocalWhy copy of Resolution R-51-2025 (court Exhibit A), January 28, 2025 (opens in a new tab)
  4. Township Committee minutes, March 24, 2026 (settlement resolutions) LocalWhy copy of Township Committee minutes, March 24, 2026 (settlement resolutions) (opens in a new tab)
  5. Township Committee minutes, September 22, 2026 LocalWhy copy of Township Committee minutes, September 22, 2026 (opens in a new tab)
  6. NJ Courts: Somerset County affordable housing filings
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