The Borough of New Providence has a long history of participation and compliance with affordable housing regulations.

• September 18, 1989: Borough received First Round Substantive Certification from COAH, confirming the Borough had met its First Round affordable housing obligation.
• August 5, 1998: Borough received its Second Round Substantive Certification from COAH, confirming the Borough had met its Second Round affordable housing obligation.
• December 20, 2005: Borough’s Second Round Substantive Certification expired.
• December 15-30, 2008: Borough adopted a Third Round Housing Element and Fair Share Plan (HEFSP) and petitioned COAH for Third Round Substantive Certification.
• June 1-October 4, 2010: Borough adopted an amended Thid Round HEFSP utilizing revised COAH Third Round methodology and petitioned COAH again for Third Round Substantive Certification; the Borough was deemed complete.
• October 10, 2010: Majority of COAH’s Third Round regulations were invalidated by the NJ Appellate Division, so the Borough did not receive Third Round Substantive Certification (nor did most NJ municipalities).
• March 15, 2015: NJ Supreme Court held that COAH was moribund, and that trail courts were to act as the forum of first insistence for evaluating municipal compliance with their affordable housing obligations. In other words, COAH no longer would be establishing obligations or reviewing municipal compliance.
• July 7, 2015: Borough filed a Declaratory Judgment action with the Court under the new process.
• December 13, 2016: Settlement Agreement executed by the Borough and Fair Share Housing Center (FSHC) establishing the mechanisms for which the Borough would meet its Third Round obligations.
• January 30, 2017: Settlement Agreement approved by the Court.
• March 7, 2017: Borough adopted a new Third Round HEFSP, effectuating the Court-approved Settlement Agreement.
• August 21, 2017-March 31, 2019: Borough participated in negotiations with Linde North American Inc. and Beckton Dickinson, who objected to the 12/13/16 Settlement Agreement and were permitted by the Court to intervene in the process.
• April 1, 2019: Borough entered into an amended Settlement Agreement with FSHC incorporating the agreed upon negotiations with the intervenors, superseding the 12/13/16 agreement.
• July 9, 2019: Borough adopted an amended HEFSP, superseding the 3/7/17 HEFSP.
• August 25, 2020: Borough received its Final Judgement of Compliance and Repose, issued by Court order.
• Fourth Round Compliance:
  • October 20, 2024: Fourth Round of regional need and municipal affordable housing obligations, which have been calculated and published by the DCA (PDF) for every town in New Jersey.
  • January 31, 2025: Municipal obligations to be adopted by resolution by the governing body.
  • 48 hours following adoption: Municipality to publish resolution on Program website (the Program is a new Affordable Housing Dispute Program, established by the new legislation)
    1. Note: If the municipality does not meet this deadline, it will be subject to potential exclusionary zoning litigation when its Third Round immunity ends (generally June 30, 2025.)
  • February 28, 2025: Final date for an interested party to challenge a municipality’s Fourth Round obligation.
  1. Note: An interested party may file a challenge with the Program only after the municipality’s adoption of the binding resolution.
  • March 1, 2025: If there is no challenge, this is the date that a municipality’s determination of its Fourth Round obligations will be established by default/without any approval.
  • March 31, 2025: In the case of a Program challenge from an interested party, this is the final date for decisions to be provided to the municipality and all involved parties.
  • June 30, 2025: Deadline to adopt a Housing Element and Fair Share Plan.
  1. 48 hours following adoption or June 30, 2025 (whichever is sooner): Municipality to submit plan through Program website.
     1. Note: If the municipality does not meet this deadline, it will (a) not retain immunity from exclusionary zoning litigation and (b) be subject to review through the declaratory judgment process.
     2. Note: If a municipality has not met this deadline, they may be provided with a grace period. If a grace period is not provided, the municipality may institute an action for declaratory judgment granting it repose in the Superior Court.
  • August 31, 2025: Deadline for an interested party to file a response alleging a municipality’s Housing Element and Fair Share Plan are not in compliance with the “Fair Housing Act.”
  1. Note: If no response is filed by this date, then the Program shall promptly provide compliance certification to the municipality following an expedited review unless the Housing Element and Fair Share Plan are deemed non-compliant with the “Fair Housing Act.”
  2. Note: If challenged, a municipality will have until November 30, 2025, to revise its Housing Element and Fair Share Plan and/or provide an explanation as to why it will not make the requested changes. 
  • March 15, 2026: Final date for a municipality to adopt implementing ordinances and resolutions for the Fourth Round of its affordable housing obligations. Alternatively, if a municipality is involved in a continuing dispute by this date, the municipality may wait to adopt implementing ordinances and resolutions until such dispute is resolved.