Montgomery Presses Ahead With Amended Affordable Housing Plan, Extension-of-Controls Program

Nicholas Mistretta

MONTGOMERY TOWNSHIP — Montgomery officials say they will continue moving forward with an amended affordable housing plan that removes the controversial Kenvue site and relies heavily on extending controls on existing affordable units, even as they await a recommendation from the court overseeing the township’s compliance.

At the Jan. 22 Township Committee meeting, an update was provided on the fourth-round affordable housing “fair share” process, followed by a presentation from the township’s affordable housing administrative agent on how the extension of controls will work for current owners.

Township Still Awaiting Court Recommendation
Sapana Shah, standing in for township attorney Wendy Quiroga, reported that Montgomery has formally notified the “program judge” and all interested parties and objectors of its intent to:

• Remove the Kenvue site from its affordable housing plan; and
• Satisfy the entire fourth-round obligation primarily through an extension of controls on existing affordable units.

The township’s original housing plan submission was challenged by two citizen groups and by the purchasers of the Kenvue property. Oral arguments from all parties were heard by the court on Dec. 18, 2025.

Although an amended Fair Housing Act provision calls for program judges to submit recommendations within 10 days of such sessions, the township has not yet received a recommendation, officials said.

Despite that, the representative noted that the Fair Housing Act sets a March 15, 2026 deadline for municipalities to adopt plans, resolutions and ordinances to implement their fourth-round affordable housing plans.

“So we are going to continue to move forward with your plan,” the update stated.

The township is working with planners at Clarke Caton Hintz (the town’s planning consultant) to prepare the amended housing element, fair share plan and implementing ordinances.

Officials said they:

• Expect to introduce all implementing ordinances as early as the next Township Committee meeting on Feb. 5, 2026, and
• Are targeting the Feb. 23, 2026 Planning Board meeting for the public hearing on the amended housing element and fair share plan.

“This will be a busy two months,” the representative said, adding that the township would “make sure to keep the public updated every step in the process.”

Administrative Agent Outlines Extension-of-Controls Program
Following the legal update, Erin Stankiewicz of Community Grants, Planning and Housing (CGP&H) gave an overview of her firm’s role as administrative agent for Montgomery’s affordable housing program, with a particular focus on the extension-of-controls effort.

CGP&H administers more than 2,000 affordable housing units across New Jersey. In Montgomery, Stankiewicz said, the firm’s job is to implement the township’s fair share plan once it is finalized and approved.

“Our job is to take each aspect of that plan and implement it into fruition,” she said, explaining that the firm works with private developers, landlords and applicants to get households certified and into affordable homes, and then monitors compliance with state regulations and local requirements.

On the extension-of-controls program — a key element of the township’s fourth-round compliance strategy — Stankiewicz said implementation is “going very well.” She noted that CGP&H has:

• Fielded numerous questions from current affordable homeowners,
• Held a Zoom session and an in-person meeting, and
• Met one-on-one with most of the affected homeowners.

CGP&H has also provided copies of relevant affordable housing documents to those who requested them and has been working to explain both the existing deed restrictions and what the extension of controls would mean now and “20, 30 years from now in the future.”

Explaining Deed Restrictions and Owner Obligations
Committee members raised concerns that some past buyers of affordable units may not have fully understood the long-term deed restrictions when they purchased their homes decades ago.

Stankiewicz responded with background on how the process typically works. She said that in the past, Central Jersey Housing, which previously served as affordable housing administrator for Montgomery, sent a representative to closings to explain documents to buyers. CGP&H follows the same practice, she said.

“We send one of our staff members with the homebuyer to a closing, where they go over all the documents, they go over all the regulations,” she said.

In addition, Stankevitz noted that CGP&H sends an annual letter to all affordable homeowners reminding them that they live in a deed-restricted property and outlining key rules, including that:

• The owner must live in the home full-time,
• The home cannot be rented out, and
• Owners must contact CGP&H if they wish to sell or refinance.

If someone attempts to sell outside of the program without contacting the administrative agent, the deed restriction would be flagged in a title search, she said, signaling that the property is subject to affordable housing controls.

“There are restrictions and there are regulations and there are guardrails to how this works,” Stankiewicz said. “We try to make sure that we are there with the homeowner … and do everything we can to help them understand not just their rights, but what it means to own affordable housing.”

Public Question on Number of Units Affected
During public comment, resident Devra Keenan asked how many units are affected by the extension-of-controls program and whether they are owned by individual families or a single developer.

Business Administrator Lori Savron responded that there are 54 for-sale homeownership units involved, all condominium units in two developments, and that those units are owned by individual homeowners, not a single landlord.

Officials noted that Montgomery also has a privately owned rental development within its affordable housing stock, but said the focus of the current extension-of-controls discussion has been on the for-sale units.

Photo Credit: Nicholas Mistretta/headlinenewsmontgomery.com