Judge upholds Madison's third round of affordable housing

By BRETT FRIEDENSOHN Managing Editor, Nov 4, 2025

State Superior Court Judge Stephan Hansbury has rejected Drew University's arguments that the vacant land evaluation should be revisited for more affordable housing in the borough and asked the borough to submit additional documents and evidence to support its third round affordable housing plans.

Hansbury gave Madison a deadline of Jan. 6, 2026 to submit the evidence and said objections are due by Jan. 22, 2026.

Afterwards, the court will make a decision or schedule additional proceedings, according to his ruling on Thursday, Oct. 30.

Hansbury ruled in February that Madison add 77 more units to its third round obligations, which cover from 2020 to 2025. The ruling resulted in his decision to add vacant lands at Drew to the borough’s affordable housing calculation.

In the Oct. 30 ruling, Hansbury stuck to his earlier decision that no housing needed to be built on the forest or the Drew campus.

Members of the Friends of the Drew Forest packed state Superior Court in Morristown to hear arguments from Madison officials, Fair Share Housing Center and Drew University on Wednesday, Oct. 29. For the past few years, the group has been advocating for preservation of the forest in perpetuity amid concerns of potential future development.

Hansbury ended up rejecting arguments that Madison’s affordable housing obligation should be revised beyond the additional 77.

“It ended up being a very good day for the forest—and for Madison,” said Judy Kroll, co-chair of the Friends of the Drew Forest.

The fourth round of affordable housing was not discussed.

“We loved the fact that the judge commented on the continued community support for the Forest,” said Friends Co-Chair Lydia Chambers. “Our crowd included Drew alumni, a nursing mother and a broad range of forest lovers. The courtroom was filled with our bright blue ‘Save the Drew Forest’ T-shirts.”