(The Center Square) — A group of New Jersey towns are suing the state over a recently approved affordable housing plan, arguing that the new law’s mandates are unconstitutional.
The lawsuit, filed in state Superior Court, alleges that the law’s requirements set mandates on cities and towns that were never envisioned by the decades-old doctrine that gave rise to the state’s affordable housing laws. The nine towns that signed onto the lawsuit, which have organized under the group, Local Leaders for Responsible Planning, are seeking to invalidate the law.
The effort is being led by Montvale Mayor Mike Ghassali, who said cities and towns are “fighting back” against an unfunded state mandate that goes beyond its constitutional limits.
“We all want safe, welcoming, and vibrant neighborhoods, but the new Fourth Round mandates from Trenton go too far and will place unnecessary strain on our towns without providing any resources to make it work,” he said in a statement. “Our priority is to fight so that local elected officials have the power to ensure our towns grow in a responsible manner, which this law prevents.”
The other plaintiffs are Hillsdale and Old Tappan in Bergen County; Denville, Florham Park and Montville in Morris County; Millburn in Essex County; Totowa in Passaic County; and Mannington in Salem County.
The measure, signed by Democratic Gov. Phil Murphy in March, overhauls the state’s decades-old affordable housing law in part to enforce the Mount Laurel Doctrine, a series of state Supreme Court rulings dating back to 1975 that require local governments to zone for a “fair share” of affordable housing for low- and moderate-income families.
Supporters of the changes say the previous housing law allows developers to get around building affordable housing projects by permitting them to build as many market-rate units as they want as long as 20% is set aside for low- or moderate-income tenants. They argue that’s the root of the state’s affordable housing crisis.
Under the new mandates, local governments must adhere to a new formula based on a previous court ruling to determine how many affordable units they would need to zone. Cities and towns also face deadlines to approve housing plans and update zoning ordinances, among other requirements.
Housing advocates say New Jersey has a shortage of over 200,000 affordable housing units, with an estimated 14 prospective renters for every vacant apartment. They argue that delays in building more affordable housing will hurt families, people with disabilities, and seniors struggling with record-high rents and home prices.
Fair Share Housing Center blasted the legal challenge, calling it a “smokescreen to undermine and delay the implementation of New Jersey’s landmark new affordable housing law.”
“This lawsuit is nothing new — it’s supported by many of the same ultra-wealthy communities who have fought affordable housing for decades, every step of the way,” Adam Gordon, the group’s executive director, said in a statement. “The lawsuit also is a thinly veiled attempt to revisit through the courts arguments that failed in the political process.”
Democratic lawmakers who pushed the measure through the state Legislature also criticized the legal challenge.
“Playing politics with people’s housing — a basic, human necessity — is simply shameful,” state Sen. Troy Singleton, D-Burlington, said in a statement. “Rather than waste time and taxpayer dollars on needless lawsuits, I would encourage these mayors to use our new law as a tool that can help them meet — not dodge — their long overdue affordable housing obligations.”
In a statement, Attorney General Matt Platkin dismissed the lawsuit’s allegations and said he is “confident that the courts will see these baseless claims for what they are.”
“We are disappointed that a small group of towns are resisting New Jersey’s important new housing law, and we look forward to defending that law in court,” the Democrat said in a statement.
