Nine New Jersey towns have filed a legal challenge to what state officials called a landmark bill overhauling aspects of the state’s affordable housing statutes.
The municipalities, led by Montvale Mayor Mike Ghassali, say that the new law, signed by Gov. Phil Murphy in March, represents “overreach” by the state. The new law, they argue, takes away the right of local communities to have a say in how they grow.
When Murphy signed the bill he said it would open “long overdue” construction of affordable housing units. Affordable housing advocates praised the measure, which seeks to standardize affordable housing obligations encouraging the building of more units.
The bill also makes it more difficult for opponents of affordable housing projects to litigate against towns building affordable housing.
In Cape May County, many of the towns are in various stages of preparation for how they will address the requirements of the new law and the start of the next round of Mount Laurel requirements in 2025. In March, the Cape May City Council formally authorized a task force “to assist the city in complying with its affordable housing obligations.”
Cape May County commissioners have argued that new state regulations on coastal zone development proposed by the Department of Environmental Protection would do harm to county and town efforts to increase the number of affordable housing units.
The other eight municipalities besides Montvale that are involved in the litigation challenging the housing law overhaul are Denville, Florham Park, Hillsdale, Mannington, Millburn, Montville, Old Tappan and Totowa.
Of the nine mayors of those towns, seven are Republicans and two are Democrats. Three of the municipalities are in Morris County, three in Bergen and one each in Essex, Salem and Passaic counties. The lawsuit was filed in Mercer County Superior Court.
The plaintiffs’ attorney, Michael Collins, said in the 102-page complaint, “Today’s circumstances are vastly different from 1983, and the Mount Laurel II judicial remedy – as reiterated through the law – lacks continued vitality.”
Collins is taking issue with aspects of the Mount Laurel doctrine, which has served as the basis for constitutional case law on affordable housing since 1983. The doctrine requires that municipalities provide realistic opportunities for the creation of affordable housing within their borders.
State Sen. Troy Singleton (D-Burlington), a sponsor of the legislation, called the lawsuit “superfluous” and a politically driven action filed by “affluent suburban towns.”
In a statement, Singleton said the state is in a “housing crisis,” with home prices and rents at all-time highs.
Adam Gordon of the Fair Share Housing Center called the lawsuit a “smokescreen,” adding that ultrawealthy, predominantly white towns are seeking “to block much needed affordable housing.”
Gordon dismisses the argument that the new law removes control over development from local officials. He said, “Towns only lose their ability to be in control of the process when they refuse to find any place to create their fair share of affordable housing.”
Assemblywoman Yvonne Lopez (D-Middlesex), another sponsor of the legislation, said, “Housing costs are one of the biggest concerns in the state.” That sentiment has been echoed by numerous housing and homeless advocate groups in Cape May County.
In a February call for public input on the housing problem, Cape Issues, a nonpartisan volunteer group that seeks to study issues critical to the county’s future, said, “The loss of affordable housing is driving people out of Cape May County.”
