The March 15 deadline for Toms River to adopt its affordable housing plan has passed. Press coverage at the time described the situation as unclear. Court records filed in the case provide additional detail.

Where the deadline came from

The March 15 date was not a general state deadline. It came from a specific document: a Program Settlement Recommendation filed January 5, 2026 by retired Judge Julio L. Mendez, the program member overseeing Toms River’s case in the Affordable Housing Dispute Resolution Program.

That recommendation directed that “on or before March 15, 2026, the Municipality shall adopt and file its Amended HEFSP that contains the terms of the settlement as well as the implementing ordinances and resolutions.” HEFSP stands for Housing Element and Fair Share Plan — the township’s plan for meeting its court-ordered affordable housing obligation.

The same recommendation granted Toms River “continued immunity from exclusionary zoning litigation for the duration of the compliance process” — meaning protection from builder’s remedy lawsuits — conditioned on good faith compliance.

What happened at the March 6 court conference

Six days before the council meeting, a Case Management Conference took place before Superior Court Judge Sean D. Gertner on March 6. According to a letter filed by the township’s affordable housing attorney, Christopher Zingaro, the township reported that the implementing ordinances had been introduced on first reading February 25 and were scheduled for second reading on March 11. The Planning Board had adopted the Amended HEFSP at a public hearing on March 10.

According to the same letter, Judge Gertner raised on his own — without any party requesting it — that he had been “considering the issuance of an order extending immunity beyond the upcoming March 15, 2026 deadline.” Zingaro wrote that “no party indicated its intent to oppose such relief.” The parties in the case include Fair Share Housing Center, the New Jersey Builders Association, and three developers.

The March 12 request

The day after the council meeting produced disputed vote results, Zingaro filed a two-page letter with the court. He asked Judge Gertner to issue the immunity extension order before March 15. He cited the judge’s own stated consideration of the issue, the lack of opposition, and the approaching deadline. He also asked the court to schedule a Fairness and Compliance Hearing so that a final Compliance Certificate could be issued.

What the court docket shows now

As of March 19, the court docket for case OCN-L-000331-25 shows no new orders or filings after Zingaro’s March 12 letter. The case status remains “Active” and “Open.” No party — including Fair Share Housing Center or the developers — has filed a motion to revoke the township’s immunity or to pursue builder’s remedy litigation.

What this means

The township’s continued legal protection from builder’s remedy lawsuits may depend on whether Judge Gertner issues the immunity extension order Zingaro requested. The court record shows the judge was already considering it before the council’s disputed votes, and no party opposed it. But the order has not appeared in the docket yet.

The next Township Council meeting is March 25. The court has not scheduled a new hearing date in the docket.

This article is based on documents filed in Superior Court case OCN-L-000331-25, retrieved from the NJ Courts eCourts system on March 19, 2026. It will be updated when new filings appear.