The New Jersey ADU Standoff: A 35-1 Senate Vote, a Municipal Revolt, and 8 Towns That Didn't Wait
ADU Pilot Team
ADU Pilot Team
New Jersey ranks as the fifth most expensive rental market in the country. A household needs to earn $40 per hour to afford a two-bedroom apartment at fair market rent [1]. The state has a gap of nearly 200,000 affordable rental units for its lowest-income residents [2]. Meanwhile, across the Hudson River, NYC is offering homeowners up to $395,000 in grants and loans to build ADUs, and has already received 98 applications since opening its program [3][4]. New York's suburban Westchester County has seen a growing number of its municipalities adopt ADU ordinances [5]. New Jersey? Its statewide ADU bill passed the Senate 35-1, and then died in the Assembly. This article explains what happened, who blocked it, which towns moved forward anyway, and what NJ homeowners can do right now. For context on the NYC ADU program referenced throughout, see Only 12% of NYC Homeowners Can Build an ADU.
Bottom Line
New Jersey has no statewide ADU law. A bill (S2347) passed the state Senate 35-1 on February 25, 2025, but the Assembly Housing Committee refused to advance it, and the bill died when the 2024-2025 legislative session expired on January 12, 2026 [6][7]. The New Jersey League of Municipalities (NJLM) actively organized opposition, distributing a model resolution template for towns to formally oppose the legislation [8]. A new version — S1786/A3488 — was reintroduced on January 13, 2026, but remains in committee [9].
Despite the statewide stalemate, eight New Jersey municipalities have adopted their own ADU ordinances: Princeton, Montclair, Maplewood, South Orange, Asbury Park, Teaneck, Jersey City, and Bradley Beach [10][11][12][13][14][15]. Princeton leads with 38 ADUs built since 2020 and is one of the few municipalities in the state that allows ADUs to be sold separately from the primary home [16][40].
If you live in one of these eight towns, you can apply for an ADU permit today. If you don't, your options depend on whether S1786 advances — and on whether your town council decides to act on its own.
The Bill That Should Have Been Easy
The numbers made it look like a done deal.
On February 25, 2025, the New Jersey State Senate passed a committee substitute for S-2347 and S-1106 by a vote of 35-1, with 4 absences [6]. The bill, sponsored by Senators Troy Singleton (District 7, Burlington) and Britnee Timberlake (District 34, Essex), would have required every municipality in the state to allow at least one ADU on single-family and two-family residential lots [9].
Key provisions of the Senate-passed bill:
| Provision | Detail |
|---|---|
| Eligibility | As-of-right for personal (non-rental) use in municipalities below 9,000 people/sq mi; rental ADUs require municipal approval [9] |
| Approval process | Ministerial action, no public hearing |
| Size | Minimum 300 sq ft; height capped at primary dwelling |
| Setbacks | 5 feet from property lines |
| Parking | No additional parking required |
| HOA restrictions | Prohibited from blocking ADUs |
| Decision timeline | 60 days; silence treated as approval |
A 35-1 vote in a 40-member chamber is not close. It is near-unanimous. The bill then moved to the Assembly and stopped.
The Assembly Housing Committee merged three companion bills (A-2792, A-4370, A-2489) into a committee substitute but refused to advance the version with mandatory zoning preemption [7]. Instead, the committee promoted A-4913, an alternative that offered state funding incentives without requiring municipalities to change their zoning [7]. Neither version reached a full Assembly vote before the session ended on January 12, 2026.
The bill was officially marked "Dead" [17].
The Municipal Revolt
The opposition had a name, a mailing address, and a template.
The New Jersey League of Municipalities (NJLM), representing the state's 564 municipalities, publicly opposed the legislation and distributed a downloadable model resolution for town councils to formally register their objection with the state legislature [8].
From the NJLM's official position:
"The League opposes this legislation as it undermines municipal land use planning that carefully considers availability of water, sewer capacity, parking, and infrastructure needs of the community. Municipalities already have the authority to permit ADUs, but to mandate the allowance of ADUs in all municipalities removes local control to shape policies that meet the needs of their community." [8]
The NJLM's argument rests on a structural reality unique to New Jersey. The state's Municipal Land Use Law (MLUL), enacted in 1975, delegates all zoning authority directly to municipalities — not to counties [18]. New Jersey's 21 counties handle courts, property records, and social services, but have no zoning power. Any statewide zoning reform must override decisions made independently by 564 separate local governments, each with its own planning board, zoning code, and political constituency.
This is not just a New Jersey phenomenon. Across the Hudson, New York Governor Hochul's 2023 Housing Compact — which included a statewide ADU mandate — was killed in the state Assembly by suburban legislators from Long Island and Westchester using the same "local control" argument [19]. Connecticut passed a statewide ADU law in 2021, but included an opt-out mechanism; approximately 85 of its 169 municipalities have fully opted out [20].
The pattern is consistent across the northeast: state senates pass ADU bills; suburban opposition in the lower chamber kills them.
Meanwhile, Across the Hudson
While New Jersey's legislature debated, the New York region acted on three levels.
NYC passed City of Yes for Housing Opportunity on December 5, 2024, legalizing ADUs on one- and two-family lots [21]. The Department of Buildings began accepting applications on September 30, 2025, and received 98 applications by year's end [4]. Mayor Mamdani launched "ADU for You" in March 2026 with 11 pre-approved designs, an online eligibility tool, and free technical assistance [3]. Through the Plus One ADU Program, eligible homeowners can receive up to $395,000 in combined support: a $175,000 grant from the state and a $220,000 zero-interest loan from the city [22]. The first round drew over 1,300 applications in two weeks [43].
Westchester County has seen a growing number of its 45 municipalities adopt ADU ordinances, supported by a county-provided model ordinance framework [5]. Croton-on-Hudson hosted the state's first standalone new-construction ADU groundbreaking through the Plus One program in September 2025 [23]. Greenburgh passed a one-year ADU pilot on April 8, 2026, limited to 15 applicants, with an 800 sq ft cap and owner-occupancy requirement [24][41]. Cortlandt adopted its own ADU law in June 2025 [25].
New York State committed $85 million over five years to the Plus One ADU Program, which has funded roughly 500 ADUs statewide [22][42]. The state does not have a mandatory ADU law — Hochul's Housing Compact died in the Assembly, just like New Jersey's bill — but the combination of city-level action, county-level model ordinances, and state-level financial incentives has created real momentum.
New Jersey has none of these layers. No city-level breakthrough, no county-level coordination, no state-level funding program.
For a deeper look at NYC's ADU eligibility rules, see Only 12% of NYC Homeowners Can Build an ADU. For the legal constraints facing brownstone owners, see What NYC's ADU Law Actually Changed (And Didn't).
The 8 Towns That Didn't Wait
While the state legislature stalled, eight New Jersey municipalities adopted their own ADU ordinances. Their rules vary significantly.
| Municipality | Year | Max Size | Owner-Occupancy | Parking | Notable Feature |
|---|---|---|---|---|---|
| Princeton | 2020 | 800 sq ft or 25% of primary | Required | None (2 BR or fewer) | ADUs can be sold separately; 38 built since 2020 [16][40] |
| Montclair | 2023 | 800 sq ft or 40% of primary | Required | 1 space | 6-month minimum lease; accessibility bonus (+5% area) [11] |
| Maplewood | 2020 | 800 sq ft or 40% of primary | Required | None | Basement ADUs prohibited; historic review for listed buildings [12] |
| South Orange | 2023 | Must be smaller than primary | Required | Varies | Submission checklist and sample plans on town website [13] |
| Asbury Park | 2024 | Per ordinance 2024-6 | Required | 1 space | $25K-$35K subsidy for affordable ADUs; no short-term rental [14] |
| Teaneck | 2025 | Per Sec. IX | Required | 1 space | New owner must get "continuation certificate" within 60 days [15] |
| Jersey City | Varies | 650 sq ft or 30% of primary | TBD | Varies | Garage conversions require conditional use permit [10] |
| Bradley Beach | 2021 | 800 sq ft | Not specified | 2 garage spaces | Only above a two-car garage; no balconies allowed [26] |
Every municipality except Bradley Beach requires owner-occupancy. Most cap ADU size at 800 sq ft. Princeton is the outlier: it allows ADUs to be sold separately from the primary home, a provision no other NJ town offers. Asbury Park is the only municipality with direct financial subsidies: $25,000-$35,000 for affordable ADUs carrying a 10-year deed restriction [14].
No municipality on this list has a population over 100,000. Newark has reportedly drafted an ADU ordinance, but its final adoption status is unclear as of April 2026 [27]. If Newark adopts, it would be the first major NJ city to do so.
What S1786/A3488 Would Change
On January 13, 2026 — one day after S2347 officially died — Senators Singleton and Timberlake reintroduced the bill as S1786 [9]. Assembly companion A3488 was filed the same day [28].
The new bill's core mechanism is unchanged: the NJ Department of Community Affairs (DCA) would create two model ADU ordinance templates, and every municipality would be required to adopt one or submit its own compliant version within 90 days [9].
The bill also explicitly prohibits municipalities from requiring:
- Passageways between the ADU and primary dwelling
- More than one parking space
- Proof of family, marital, or employment relationship between occupants
- Minimum age for ADU occupants
- Separate utility metering
- Minimum floor areas exceeding the state Uniform Construction Code [28]
Both bills are in committee: S1786 in Senate Community and Urban Affairs, A3488 in Assembly Housing [9][28]. Neither has been scheduled for a hearing as of April 2026.
The political wildcard: Governor Mikie Sherrill took office on January 20, 2026. Her transition report endorsed "missing middle" housing and streamlined permitting, but did not specifically mention ADU legislation [29]. Former Governor Murphy signed A4/S50 in 2024, which allows ADUs to count toward municipal affordable housing obligations, but New Jersey has not established a state-level ADU financing program comparable to New York's $85 million Plus One initiative [30][32]. Whether Sherrill publicly backs S1786 could determine whether the bill gets a hearing in the Assembly this session.
The Mount Laurel Connection
New Jersey's Mount Laurel doctrine, established by the state Supreme Court in 1975 and reinforced in 2015, requires every municipality to provide its "fair share" of affordable housing [31]. In March 2024, Governor Murphy signed A4/S50, replacing the defunct Council on Affordable Housing (COAH) with a new DCA-administered system for calculating Fourth Round obligations covering 2025-2035 [32]. Over 424 municipalities have adopted housing plans under the new framework [33].
ADUs can legally count toward Mount Laurel obligations. But there is a regulatory cap: no municipality may claim more than 10 ADU credits toward its affordable housing obligation under NJAC 5:93-5.8 [34].
The statewide Fourth Round calculation identifies approximately 150,000 total affordable housing units needed [35]. Ten units per town, 150,000 units needed. The cap renders ADUs functionally irrelevant to Mount Laurel compliance at current scale.
What New Jersey Homeowners Can Do Now
If you live in one of the 8 towns with ADU ordinances
- Contact your municipal planning or zoning department and confirm your lot is in an eligible zone
- Ask three questions: minimum lot size requirement, approval process (administrative vs. planning board hearing), and expected timeline
- Budget $100,000-$300,000 for construction, plus permit fees of approximately 5-10% of project value [36]
- Check for subsidies: Asbury Park offers $25,000-$35,000 for affordable ADUs with a 10-year deed restriction [14]; no other NJ town currently has a comparable program
If your town has no ADU ordinance
- Search your municipal code on ecode360.com or Municode for both "accessory dwelling unit" and "accessory apartment." NJ municipalities use both terms inconsistently, and the state DCA's own model manual uses "accessory apartment" [37]
- Check whether your town allows "in-law suites" or "accessory apartments" under a conditional use permit, even if it has no formal ADU ordinance
- If your town has no relevant provision, the path forward is advocating for a local ordinance. Princeton, Montclair, and Maplewood all adopted theirs without waiting for state law
- Track S1786 and A3488 at njleg.state.nj.us
What to Watch
S1786/A3488 in the Assembly. The reintroduced bill mirrors the version that passed the Senate 35-1. The same NJLM opposition infrastructure remains in place. The critical question is whether Assembly leadership schedules a committee hearing in the 2026-2027 session.
Governor Sherrill's position. No public statement on ADU legislation as of April 2026. Her housing agenda emphasizes commercial-to-residential conversion and "missing middle" density, but ADUs have not been singled out [29].
The Connecticut precedent. Connecticut's 2021 ADU law included an opt-out clause requiring a two-thirds municipal vote. Approximately 85 towns have fully opted out [20]. If New Jersey's legislature cannot pass a mandatory law, a Connecticut-style opt-out framework may be the compromise that breaks the impasse.
The Massachusetts model. In August 2024, Massachusetts required every municipality to allow ADUs up to 900 sq ft as of right, with no owner-occupancy requirement and no public hearing [38]. Early implementation reports suggest local ordinances are still creating practical barriers despite the state mandate [39]. How Massachusetts resolves those barriers may shape New Jersey's next legislative attempt.
References
[1] NLIHC, "Out of Reach: New Jersey," 2025. https://nlihc.org/oor/state/nj
[2] NLIHC, "The Gap: New Jersey," 2023 data. https://nlihc.org/gap/state/nj
[3] NYC Mayor's Office, "Mayor Mamdani Unveils New Tools and Financing to Help Homeowners Add ADUs," March 2026. https://www.nyc.gov/mayors-office/news/2026/03/mayor-mamdani-unveils-new-tools-and-financing-to-help-homeowners
[4] 6sqft, "City of Yes First Year Report," December 2025. https://www.6sqft.com/nyc-sees-23-percent-more-new-homes-in-first-year-of-city-of-yes/
[5] Westchester County, "Accessory Dwelling Unit Model Ordinance." https://homes.westchestercountyny.gov/affordable-housing-ordinances/accessory-dwelling-unit
[6] FastDemocracy, "S2347 Legislative History." https://fastdemocracy.com/bill-search/nj/2024-2025/bills/NJB00059074/
[7] NJLM, "ADU Bills Merged But Not Advanced," February 12, 2025. https://www.njlm.org/CivicAlerts.aspx?AID=3275
[8] NJLM, "Sample Resolution Opposing ADU Legislation." https://www.njlm.org/CivicAlerts.asp?AID=3366
[9] NJ Legislature, "S1786 Full Text." https://pub.njleg.gov/Bills/2026/S2000/1786_I1.HTM
[10] Steadily, "ADU Laws and Regulations in Jersey City." https://www.steadily.com/blog/adu-laws-regulations-jersey-city
[11] Montclair Planning & Community Development, "Accessory Dwelling Units." https://www.montclairnjusa.org/Government/Departments/Planning-Community-Development/Accessory-Dwelling-Units
[12] Maplewood Municipal Code, Sec. 164 (ecode360). https://ecode360.com/36944016
[13] South Orange Village, "Accessory Dwelling Units." https://www.southorange.org/960/Accessory-Dwelling-Units
[14] City of Asbury Park, "ADU New Ordinances." https://www.cityofasburypark.com/479/ADU-New-Ordinances
[15] Teaneck Municipal Code (ecode360). https://ecode360.com/46166852
[16] Haven ADUs, "ADU Zoning Guide for Princeton, NJ." https://havenadus.com/city-guideline/adu-zoning-guide-for-princeton-new-jersey
[17] BillTrack50, "S2347 Status." https://www.billtrack50.com/billdetail/1687897
[18] NJ Department of Environmental Protection, "Municipal Land Use Law." https://www.nj.gov/dep/hpo/3preserve/mlul_02_2017.pdf
[19] New York Focus, "The State Assembly Is Foreclosing Hochul's Housing Compact," April 2023. https://nysfocus.com/2023/04/18/hochul-housing-compact-dead-assembly-budget/
[20] CT Mirror, "Which CT towns allow accessory dwelling units?" September 2023. https://ctmirror.org/2023/09/20/ct-allow-adu-accessory-dwelling-unit-regulations-opt-out/
[21] NYC Planning, "City of Yes for Housing Opportunity." https://www.nyc.gov/content/planning/pages/our-work/plans/citywide/city-of-yes-housing-opportunity
[22] HCR, "Plus One ADU Program." https://hcr.ny.gov/adu
[23] River Journal Online, "Habitat NYC & Westchester Breaks Ground on First Standalone ADU," September 2025. https://riverjournalonline.com/around-town/for-the-local-good/habitat-nyc-and-westchester-breaks-ground-on-first-standalone-adu-in-croton-on-hudson-through-plus-one-adu-program/256464/
[24] Town of Greenburgh, "ADU Local Law Adopted," April 8, 2026. https://www.greenburghny.com/m/newsflash/home/detail/3474
[25] Town of Cortlandt, "Local Law No. 4 of 2025." https://www.townofcortlandtny.gov/documents/LL%204-25%20ADU%20Local%20Law_June%202025_FINAL.pdf
[26] Bradley Beach Municipal Code (ecode360). https://ecode360.com/45402642
[27] RPA, "Aging in Place in New Jersey with ADUs." https://rpa.org/news/lab/aging-in-place-in-new-jersey-with-adus
[28] LegiScan, "A3488 Text." https://legiscan.com/NJ/text/A3488/id/3338844
[29] InsiderNJ, "Gov. Sherrill's Transition Report." https://www.insidernj.com/gov-sherrills-transition-report-builds-on-njs-affordable-housing-framework-and-lays-foundation-to-lower-housing-costs/
[30] AARP NJ, "Housing Law Could Bring More ADUs." https://www.aarp.org/states/new-jersey/housing-law-could-bring-more-adus/
[31] State Court Report, "Mount Laurel at 50," 2025. https://statecourtreport.org/our-work/analysis-opinion/mount-laurel-50-new-jerseys-blueprint-dismantling-residential-segregation
[32] NJ Governor's Office, "Governor Murphy Signs Affordable Housing Legislation," March 20, 2024. https://www.nj.gov/governor/news/news/562024/20240320b.shtml
[33] NJ Governor's Office, "424 Municipalities Adopt Housing Plans," July 2025. https://www.nj.gov/governor/news/news/562025/approved/20250710a.shtml
[34] NJ Urbanthinker, "Are ADUs NJ's Affordable Housing Solution?" https://www.njurbanthinker.org/blog/are-adus-nj-affordable-housing-solution
[35] NJ DCA, "Fourth Round Numbers." https://www.nj.gov/dca/dlps/4th_Round_Numbers.shtml
[36] Todd Jersey Architecture, "Budgeting & Pricing Your ADU." https://www.toddjerseyarchitecture.com/blog/budgeting-pricing-your-adu
[37] NJ DCA, "Accessory Apartments Model Operations Manual." https://www.nj.gov/dca/divisions/lps/hss/admin_files/accessoryapts.doc
[38] Massachusetts Executive Office of Housing, "Accessory Dwelling Units Officially Allowed Statewide." https://www.mass.gov/news/accessory-dwelling-units-officially-allowed-statewide
[39] Accessory Dwellings, "Massachusetts Adopted a Strong ADU Law, but Local Regulations Will Still Prevent Them," January 2025. https://accessorydwellings.org/2025/01/09/massachusetts-adopted-a-strong-adu-law-but-local-regulations-will-still-prevent-them/
[40] Gothamist, "Are accessory dwellings an answer to NJ's housing crisis?" February 26, 2024. https://gothamist.com/news/are-accessory-dwellings-an-answer-to-njs-housing-crisis-lawmakers-hope-so
[41] Town of Greenburgh, "ADU Local Law Public Hearing Document," July 9, 2025. https://www.greenburghny.com/DocumentCenter/View/14464/10529_TB-2025-0709-PUBLIC-HEARING-DOC-Local-Law-Chapter-285-ADU-Local-Law-for-7-9-2025-TB-PH
[42] Governor Hochul, "Nearly $60 Million Awarded to Create New Housing Through 500 Accessory Dwelling Units." https://www.governor.ny.gov/news/governor-hochul-announces-nearly-60-million-awarded-create-new-housing-500-accessory-dwelling
[43] NYC HPD, "Plus One ADU Pilot Program Results," 2024. https://www.nyc.gov/site/hpd/news/021-39/garage-studios-basement-apartments-backyard-cottages-hpd-pilot-program-helping
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