Several New Jersey mayors filed a lawsuit against the state Monday that says a recently-enacted law designed to create more affordable housing is an “overreach” by state officials.
The bipartisan coalition — called “Local Leaders for Responsible Planning” — is led by Montvale Mayor Mike Ghassali. The other plaintiffs include Denville, Florham Park, Hillsdale, Mannington, Millburn, Montville, Old Tappan and Totowa.
Filed by attorney Michael L. Collins in Mercer County Superior Court on behalf of the plaintiffs, the lawsuit challenges the law Gov. Phil Murphy, a Democrat, signed in late March.
The new housing law, S50/A4, standardizes obligations for municipalities throughout the state to build more housing units. It also gives towns more protections from lawsuits that aim to stop affordable housing from being built.
“This isn’t about politics — it’s about fairness,” said Ghassali, a Republican. “Whether Republican or Democrat, we all believe that communities should have a say in how they grow.”
“Our communities lose the ability to plan for their future when they are mandated by Trenton to support the housing needs of other municipalities, often significantly larger in size, on top of our existing obligations,” he said.
The plaintiffs argue the law exceeds what is constitutionally required under the Mount Laurel Doctrine, which refers to a series of landmark state Supreme Court decisions that outlawed exclusionary zoning practices and required all towns in New Jersey to provide their fair share of the region’s affordable housing.
The lawsuit also questions the exemption of roughly 62 urban aid municipalities from having affordable housing obligations. The suit challenges the new Affordable Housing Dispute Resolution Program, which refers local housing disputes to experts, instead of local officials.
The coalition includes additional eight municipalities that have adopted resolutions and are expected to join the lawsuit as plaintiffs later this month. They include Allendale, Oradell, River Vale, Washington, Westwood and Wyckoff in Bergen County, and Wharton in Morris County.
Affordable housing advocates called the lawsuit meritless.
“This lawsuit will inevitably get thrown out in court,” said Adam Gordon, the executive director of the nonprofit Fair Share Housing Center. He called the suit “purely a smokescreen” to delay implementation of the 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,” he said. It’s also a “thinly veiled attempt to revisit through the courts arguments that failed in the political process.”
New Jersey has a shortage of more than 200,000 affordable housing units, Gordon said.
The borough leading the lawsuit, Montvale, is unrepresentative of New Jersey’s demographics, with a Black population of less than 2% and a Hispanic population of less than 6%, Gordon said. The other plaintiffs in the lawsuit are wealthy communities that have fought against affordable housing, including Millburn, he added.
The law gives towns tools — including new bonuses, financing options and credits — to build affordable housing in the way they want, Gordon said. They’re encouraged to engage in the process and create their own housing plans, 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,” said Gordon.
Gordon also pushed back on the plaintiffs’ claim that urban municipalities don’t have affordable housing obligations under the law.
“Since urban municipalities have historically produced far more affordable housing than suburban municipalities, their obligations primarily consist of rehabilitating existing housing — often running into thousands of affordable homes they have to rehabilitate,” he said.
“By pretending that urban municipalities don’t have obligations under the law, Mayor Ghassali is counting on the willful ignorance of residents who are already inclined to oppose affordable housing,” Gordon said.
Assemblywoman Yvonne Lopez, D-Middlesex, chairwoman of the Assembly Housing Committee and a sponsor of the legislation, said housing costs are one of the biggest concerns in the state.
“We passed legislation earlier this year that will tackle this issue and lead to the construction of safe, affordable housing for the next decade,” Lopez said. “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.”
Stories by Brianna Kudisch
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Brianna Kudisch may be reached at bkudisch@njadvancemedia.com.