Page 20 - RE-NJ

18 WINTER 2024
four, we know that we need to create
subsidy programs that have that same
kind of leveraging capacity for federal
4 percent Low-Income Housing Tax
Credits,” she said, referring to a key
program that HMFA has paired with
ARPA funding, “because those deals
had to be workable for the Mount
Laurel obligations to be met.”
THE STATE’S NEW FRAMEWORK ALSO
faces a looming legal battle, the latest
during decades of debate and contro-
versy over how to expand affordable
housing. A Superior Court judge has
ordered state offi cials to appear on
Dec. 3 for a hearing in connection
with the new calculations, following
a motion by 22 towns to block imple-
mentation of the DCA program.
It was the latest salvo in a fi ght that
began in early September when the
Montvale-led coalition sued to block
the enabling legislation, arguing it
imposes excessive mandates without
fully considering local conditions and
resources.
“The Court’s decision to hear our case
demonstrates that this is a serious
issue impacting local governments
KEA
ENGINEERS
Mechanical,
Electrical,
Plumbing, Fire
Protection, Energy
Modeling and
Consulting
Engineers across New Jersey,” Montvale Mayor
Mike Ghassali
said. “We are
simply asking
for equitable
treatment and
a system that
refl ects today’s
realities rather
than relying
Mike Ghassali
on outdated
formulas that fail to account for the
unique needs of each community.”
In the meantime, proponents
of the new law say the debate
is still burdened by stigma and
misinformation. Walter cited a “real
challenge with understanding and
defi ning affordable housing, not only
in New Jersey but across the country.
And what it results in is the sense that
there is this ‘other’ housing.”
“We’re talking about communities
in New Jersey (where) 80 percent
of the (area median income) level
can be as high as $70,000 to $90,000,
depending on the community,” Walters
said, referring to a key benchmark
for affordable housing. “When you
start talking about that level being
low-income housing, which is what
we’re describing, people are shocked.
So getting over that hurdle and that
mental hurdle around affordable
housing is critical.”
She noted that many HMFA projects
are mixed-use and include social
services, health care, employment op-
portunities and other opportunities for
residents in the building and nearby.
“That right there changes the
conversation and allows you to start to
make headway, but those conversations
are still happening on a recurring basis
in every community because there’s so
much stigma and so much history of
separation,” Walter said.
On a positive note, she said the new
DCA framework is a departure from
the “chaos” that consumed the third
round under Mount Laurel. That
makes it important “to refocus on
really having that structure and that
opportunity to rationally approach
the issue now, and it really creates a
different dynamic,” she added.
Governing bodies that come up with
their own calculations under the
new DCA framework are subject
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to challenges from developers,
affordable housing advocates and
other stakeholders through the end of
February. Ultimately, though, towns
and cities have until June 30 to adopt
specifi c zoning and other plans to
address the defi cit outlined by DCA.
“(We) know that the old excuses
really aren’t going to work anymore,”
said Josh Bauers, Fair Share Housing
Center’s director
of exclusionary
zoning litigation.
“So we have
a process
that’s going
to function,
we have new
legislation that
Josh Bauers
got passed
earlier this year that really codifi ed
a process that I think heard a lot of
the concerns of the municipalities,
(such as) ‘we didn’t know what our
number was’ or ‘the process is too
complicated’ and so on and so forth.
“Well, we have a formula that’s now
in the statute, we have a process
that’s very clear with very clear
deadlines.” RE