A significant decision was made in a New Jersey courtroom, with Mercer County Superior Court Judge Robert Lougy rejecting a request by a collective of suburban towns to temporarily halt the application of the state’s new affordable housing law. As NJ Spotlight News reported, the suburban coalition, which had openly challenged the law’s constitutionality, was led by Montvale in Bergen County. Despite the pushback from the localities, Lougy emphasized the urgency in addressing the needs of the state's low- and moderate-income households as a basis for his decision to deny the delay.
The towns now have until January 31 to either agree to the number of affordable housing units the state has determined they should develop, or to offer their own counter figures. The requirement to build or rehabilitate large numbers of affordable housing units aims to comply with New Jersey’s decades-old Mount Laurel doctrine, which mandates municipalities to provide their "fair share" of affordable housing. According to the detailed plan, drawn up as a part of new legislation passed last year and outlined by Gothamist, a projected 84,000 new affordable homes are planned to be built in the state’s suburbs with another 65,000 units to be rehabilitated in urban regions by 2035.
Controversy has not dissuaded some town officials from attempting to meet their imposed requirements, even as they proceed with legal actions against the law. An incoming Warren Township Committee member, Daniel Croson, and the town's new Mayor, Lisa Lontai, both intend to join the ongoing lawsuit, however, they have also expressed their intentions to adhere to the legal deadlines. Lontai shared with Gothamist their plans to propose a number in opposition to the state's, while voicing her concerns about the challenging timeline and the state's readiness to handle potential disputes efficiently.
Despite the brewing legal contest, some officials are forecasting a smoother path ahead. Princeton Council President Mia Sacks, whose municipality has been assigned 276 new affordable units, told Gothamist that it's "very likely" Princeton will consent to the state's requirement. Sacks also acknowledged the logistical challenge that lies beyond mere acceptance, referring to the laborious process underwent during the last housing plan, which spanned over a thousand pages.
Ultimately, any disputes arising from the negotiations with the state will be managed by the newly established "The Program," enabling towns to avoid costly litigation by engaging with an independent panel of judges. This mechanism might serve to streamline the resolution process but has not managed to totally assuage the concerns amongst objecting town officials about the expedited timelines and administrative capabilities to handle the anticipated volume of disputes. Furthermore, as the deadline for filing objections looms, New Jersey Attorney General Matt Platkin has fronted a motion to dismiss the lawsuit contending the law, with oral arguments to be heard coincidentally on the same January deadline day, according to NJ Spotlight News.
