Did a Bergen County Mayor Try to Stop Affordable Housing and Block Diversity? The Fight for Fair Housing in Emerson
the staff of the Ridgewood blog
Emerson NJ, a developer is leveling serious accusations against the governing body of Emerson, New Jersey, and its mayor, Danielle DiPaola, claiming they are actively working to obstruct a vital affordable housing project. The claims, made in a lawsuit filed in Bergen County Superior Court on November 7, suggest the resistance is an attempt to prevent “racially diverse minorities” from moving into the community.
The Heart of the Dispute: “Affordable Housing” Mandate and “Racial Diversity”
The litigation centers on a long-standing, state-mandated obligation for Emerson to provide affordable housing, a duty the lawsuit claims the borough has failed to fulfill for years. Emerson Redevelopers Urban Renewal LLC, the redeveloper, argues that this failure has contributed to a lack of racial diversity in the town.
-
2020 Census Data: The lawsuit specifically cites the 2020 census, which reported Emerson’s racial makeup as predominantly White. Out of a population of 7,290, 87.31% (6,462 people) were identified as White alone, while 8.55% (633 people) were Asian alone, and 1.08% (80 people) were Black or African American alone. Additionally, 8.36% (619 people) were Hispanic or Latino of any race.
The affordable housing component of the proposed development is not small: it would deliver 29 “affordable housing” units, which represents 55% of Emerson’s total affordable housing requirement. The project is explicitly designed to primarily benefit low-income individuals and minorities.
Developer Claims Mayor’s Campaign Was ‘Hostile’ to Fair Housing
The redeveloper alleges that support for the project evaporated after Mayor DiPaola was elected in 2018. The lawsuit asserts that her political campaign was “openly hostile” to the redevelopment and its fair housing component, and that she “made plain her intent to obstruct” the construction of the four-story development.
Key Allegations in the Lawsuit:
-
Political Obstruction: DiPaola is accused of leveraging her mayoral position to impede the project and oppose the town’s contractual obligation to use eminent domain to acquire necessary properties.
-
Delays and Non-Issuance of Permits: The suit claims that a refusal to issue permits, combined with other delays, has made the entire project “no longer economically viable,” thereby “effectively terminating the project and ensuring that affordable housing… would be stopped.”
-
Breach of Contract: The redeveloper is seeking compensatory and punitive damages, alleging the borough and the mayor breached the contract, the covenant of cooperation, and the covenant of good faith and fair dealing. It also alleges a violation of the New Jersey Civil Rights Act.
The Legal Backdrop: Mount Laurel and Eminent Domain
This dispute takes place against the backdrop of New Jersey’s landmark Mount Laurel Doctrine, a 1975 court decision that outlawed “exclusionary zoning” and requires municipalities to zone for a percentage of affordable housing.
The site for the current project on Kinderkamack Road was designated as an “area in need of redevelopment” back in 2004. A later vote by the Borough Council in 2017 to continue this designation would have allowed for the use of eminent domain—the government’s right to take private property for public use—to acquire properties like the former Ranchero Cantina and Cork & Keg liquor store. While two property owners initially objected in separate 2017 lawsuits, they later agreed to voluntary sales.
The redeveloper, Emerson Redevelopers Urban Renewal, was selected in 2016 for the property.
Special Monitor Appointed Amid Compliance Concerns
The court has already signaled concerns regarding the town’s progress. In 2021, a special monitor was appointed to Emerson to ensure compliance with its affordable housing obligations, noting the borough’s “delay and failure to comply with court orders in advancing the project.”
Join the new Saddle River Valley, Ramapo and Pascack Valley Communities Facebook group
https://www.facebook.com/groups/1931704860512551/
#news #follow #media #trending #viral #newsupdate #currentaffairs #BergenCountyNews #NJBreakingNews #NJHeadlines #NJTopStories
now that you voted for Mikie Sherrill devleopers are going to go wild
I’m sure a for profit developer who does not live in Emerson is very concerned about an “attempt to prevent ‘racially diverse minorities’ from moving into the community”
What other reason could there be?
Now with “Mikie” at the helm, the gravy train will really get rolling. The developers will haver free rein and pilot programs at the taxpayers expense. Borough planners, engineers, lawyers, and every other political appointee will be getting on that gravy train. And the Non profit but really for profit “Fair share housing center” will be the engineers running the gravy train. Bergen county will emerge as the sixth borough of Manhattan. Get ready for unbearable gridlock traffic, even on side streets and watch your property taxes go through the roof. Under the guise of advocating for the poor, political elitist’s and the politically connected are making fortunes at the taxpayers expense.
Now with “Mikie” at the helm, the gravy train will really get rolling. The developers will haver free rein and pilot programs at the taxpayers expense. Borough planners, engineers, lawyers, and every other political appointee will be getting on that gravy train. And the Non profit but really for profit “Fair share housing center” will be the engineers running the gravy train. Bergen county will emerge as the sixth borough of Manhattan. Get ready for unbearable gridlock traffic, even on side streets and watch your property taxes go through the roof. Under the guise of advocating for the poor, political elitist’s and the politically connected are making fortunes at the taxpayers expense.