Release Date: 02/18/2026

Contact: media@princetonnj.gov

Superior Court Issues Decision and Order Approving Princeton’s Fourth Round Housing Plan

Princeton, New Jersey — The Superior Court of New Jersey, Law Division – Mercer County, through the Honorable Robert Lougy, A.J.S.C., has issued a Decision and Order approving Princeton’s Fourth Round Housing Element and Fair Share Plan (HEFSP) and adopting in full the recommendations of the Affordable Housing Dispute Resolution Program.

In the February 13, 2026 Order, the Court:

Accepts and adopts in its entirety the February 10, 2026 Report and Recommendations of the Affordable Housing Dispute Resolution Program (AHDRP) issued by program Judge Thomas C. Miller, J.S.C. (Ret.);

Approves the Settlement Agreement between Princeton and the Fair Share Housing Center (FSHC);

Dismisses the challenges filed by the Princeton Coalition for Responsible Development (PCRD) and the Wilentz, Cleaves & McPherson (WCM) parties;

Approves Princeton’s amended HEFSP for the Fourth Round housing cycle; and

Authorizes and directs the Municipality to adopt and file all implementing ordinances and resolutions on or before March 15, 2026.

Failure to meet the March deadline would preclude issuance of a Certification of Compliance and result in the loss of immunity from exclusionary zoning litigation. According to Municipal Planner Justin Lesko, “We are fully prepared to adopt the implementing ordinances necessary to secure final certification by the March 15 deadline.”

Judge Lougy concluded that the settlement “is fair and equitable,” and that Princeton’s amended HEFSP provides a “realistic opportunity” for the construction and delivery of housing affordable to low- and moderate-income households. The Court also confirmed that, upon compliance with the statutory framework and Administrative Directive #14-24, Princeton will retain immunity from builder’s remedy litigation during the Fourth Round housing cycle (2025–2035).

Councilwoman Mia Sacks, who chairs Council’s Affordable Housing, Planning and Redevelopment Committee said, “We are extremely pleased that the Court has accepted the Program’s recommendation to adopt Princeton’s Fourth Found Plan in its entirety. This successful outcome represents many years of work, and enables Princeton to fulfill its housing obligation over the next decade through thoughtful planning rather than courtroom uncertainty.”

Judge Lougy’s Decision follows the Affordable Housing Dispute Resolution Program Recommendation issued February 10, 2026, by Judge Miller, which found that Princeton’s HEFSP and settlement with the FSHC, “establish a clear, internally consistent, and legally sufficient framework for satisfying the Municipality’s cumulative affordable housing obligations.” Princeton’s Settlement Agreement consolidates prior unmet need obligations with Fourth Round prospective need into a single, unified compliance framework totaling 364 credits.

In a separate professional review, the Program’s Special Adjudicator, Christine Confone-Navarro, concluded that the Settlement Agreement fully accounts for Prior Round, Third Round, and Fourth Round obligations; identifies realistic compliance mechanisms; and establishes enforceable implementation, monitoring, and enforcement provisions. The Special Adjudicator similarly recommended approval of the Settlement Agreement.

In addressing the challenges to Princeton’s Fourth Round Plan from PCRD and WCM, Judge Miller concluded that the constitutional nature of New Jersey’s affordable housing obligations, together with the fact that historic preservation and other public policy considerations are appropriately addressed through the municipal land use approval process, warrant dismissal of the challenges.

Both Judge Miller and Special Adjudicator Cofone, specifically found that the 108 Stockton Street inclusionary project, “… is set to deliver 48 affordable homes in a highly suitable location that is proximate to transit, services, and employment opportunities.” The redevelopment is supported by an adopted Redevelopment Plan and executed Redevelopment and Financial Agreements, and has been endorsed by the Fair Share Housing Center.

Following the March 15 submission of Princeton’s Fourth Round implementing ordinances, the Court will schedule a Fairness and/or Compliance hearing in order to issue a Certification of Compliance, thereby securing Princeton’s protection from exclusionary zoning litigation for the Fourth Round cycle.

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