New Jersey Towns Push Back Against Affordable Housing Mandate

A group of nine New Jersey towns are coming together in a lawsuit filed this week to oppose the state’s affordable housing mandate.
The filing from Monday included several New Jersey mayors and local officials who say that the new affordable housing requirements prevent local governments from advancing “smart growth.”
The legal action says that the new law calling for new affordable housing requirements is in violation of New Jersey’s constitution.
The lawsuit was filed in Mercer County Superior Court just weeks before the new rules are slated to begin being enforced. New Jersey said it would be informing towns of specific requirements in October and require a plans to be signed off by the end of the summer, according to reporting in The Gothamist.
Montvale Mayor Mike Ghassali, a Republican, told The Gothamist previously that the law “prevents local leaders from leading.”
The mayor also said he is “fully confident” in the towns’ case against the state and Democratic Governor Phil Murphy.
Newsweek reached out to Murphy for comment.
Democratic State Senator Troy Singleton, who is chairman of the State Senate Community and Urban Affairs Committee and wrote the affordable housing bill, said the lawsuit aims to thwart the state’s plans to help expand affordable housing within the state.
“What is incredibly offensive, beyond using taxpayer dollars to fund this politically-driven, superfluous lawsuit, is the attempt to use the legal process to intentionally delay our affordable housing laws—not by weeks or months, but years,” Singleton said, according to The Gothamist.
Democratic State Representative Yvonne Lopez also voiced frustration with the lawsuit, which comes months after the bill was originally passed in the spring.
“We worked with mayors to ensure the law is workable and will give responsible local elected officials the tools they need to accomplish this goal,” Lopez said.
New Jersey law has mandated towns in the state contribute a “fair share” to affordable housing units for more than 40 years, but the lawsuit says that the new law goes beyond these rules permit.
“The lawsuit contends that the new law imposes obligations that are inconsistent with what was ever intended or mandated by our courts under the Mount Laurel doctrine,” Michael L. Collins, an attorney who represents the town officials, said. “The law imposes affordable housing obligations for the fourth round. And now every 10 years thereafter into perpetuity.”
According to DemocraticNew Jersey is estimated to be in need of more than 200,000 affordable housing units to meet the demands of its low-income residents.
Democratic Newark Mayor Ras Baraka, who is currently running for governor, said the affordable housing crisis is a statewide issue driving up costs for all residents, regardless of whether they live in the city or suburbs.
“Our children can’t afford to live in the communities they grew up in, much less raise their own families in the Garden State because our home rule history has crippled our ability to evenly plan and build the diverse housing we need to meet the demand,” Baraka said in a statement in response to the lawsuit.
Baraka also called for the need for stronger resources for cities and towns to “identify space, build plans, subside starter home ownership,” and “actually meet their affordable housing requirements.”
“Most New Jerseyans understand the need for more housing because most New Jerseyans want to reduce costs, prevent homelessness and raise our standard of living,” Baraka added. “But we can’t do this by fighting each other.”
Alex Beene, a financial literacy instructor for the University of Tennessee at Martin, told Newsweek that New Jersey has been one of the most prominent states for its housing supply crisis due to its high prices on existing properties.
The state has an average home price of $537,916, according to Zillow, which is out of reach for many residents. Rent prices have also skyrocketed in recent years as a result of the affordable housing crisis.
“While this new plan seeks to expand the housing options and affordability, there are some who feel the conditions the bill outlines strip away the authority of local governments to make their own decisions with housing that would better fit each area’s needs,” Beene said.
“It’s not an awful argument, as local government obviously deserves a say in these plans, but it does call into question whether they are attempting to block the bill for the ‘right reasons’ or just to stop any type of affordable housing being built for socio-economic concerns that more affluent communities have had for decades.”