By Joshua Burd
A state Superior Court judge has set a date for oral arguments on whether to halt adoption of new affordable housing obligations for New Jersey’s 564 municipalities, following a legal challenge by more than 20 towns to recent guidelines from the Department of Community Affairs.
In an order posted Wednesday, Judge Robert Lougy in Trenton ordered state officials to appear virtually on Dec. 3 for a hearing in connection with the new calculations, which DCA issued on Oct. 18. Developed under the state’s new affordable housing law, the nonbinding guidance identified a deficit of more than 150,000 low- and moderate-income homes, including 65,410 existing dwellings that need to be rehabilitated and another 84,698 that need to be built through 2035 by way of planning and zoning by local governments.
The plaintiffs, a coalition of 22 municipalities led by Montvale, touted the order as a momentary victory after arguing the law imposes excessive mandates without fully considering local conditions and resources. State officials have until Nov. 15 to serve a written answer or a motion in response to the order.
“The Court’s decision to hear our case demonstrates that this is a serious issue impacting local governments across New Jersey,” Montvale Mayor Mike Ghassali said Wednesday. “We are simply asking for equitable treatment and a system that reflects today’s realities rather than relying on outdated formulas that fail to account for the unique needs of each community.”
The framework, which DCA developed under a law that Gov. Phil Murphy signed in late March, applies to the fourth round of requirements under state Supreme Court’s landmark Mount Laurel doctrine that has guided New Jersey’s affordable housing policy for some five decades. Towns and cities have until Jan. 31 to adopt the numbers or come up with their own, while those that devise their own plan are subject to challenges from developers, affordable housing advocates and other stakeholders through the end of February.
Supporters have touted the law as a means of bringing certainty to a complex, often controversial process that has vexed policymakers for decades, but the Local Leaders for Responsible Planning coalition sued to block the law in early September.
