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the staff of the Ridgewood blog
Montvale NJ, New Jersey’s affordable housing mandate will move forward in 2025 after a state Superior Court judge denied a motion to pause a new law aimed at enforcing the Mount Laurel Doctrine. The ruling, made on Thursday in Mercer County by Judge Robert Lougy, dismissed a legal challenge brought by over two dozen municipalities seeking to delay the implementation of the legislation enacted earlier this year.
The law, passed in March 2024, strengthens enforcement of the Mount Laurel Doctrine, which requires New Jersey towns to provide their “fair share” of affordable housing for low- and moderate-income residents. The decision is a victory for developers and affordable housing advocates while intensifying opposition from municipalities concerned about overdevelopment.
Judge Rejects Municipal Challenge
Judge Lougy sided with the Fair Share Housing Center (FSHC), a nonprofit tasked with aiding courts in enforcing affordable housing requirements, and declined to halt the law.
“The court cannot lightly enjoin a legislative enactment where plaintiffs fail to meet their burden,” Lougy wrote, according to an FSHC statement. “The court finds it incongruous with all principles of equity to leave the state’s low- and moderate-income households in worse shape than before the Legislature’s comprehensive reshaping of the field.”
Municipal leaders opposing the mandate argue it grants excessive power to courts and places disproportionate burdens on suburban towns while exempting urban areas from similar obligations.
Affordable Housing Obligations Moving Forward
The Mount Laurel Doctrine, first established in 1975, has been upheld through decades of legal battles even though its has not lowered the cost of housing . The current mandate requires municipalities to plan for the construction of 85,000 affordable housing units and the renovation of 65,000 more over the next decade.
Municipalities have until January 31, 2025, to adopt state-calculated housing obligations or propose compliant alternatives. By June 30, 2025, towns must present a concrete plan for meeting their targets through zoning decisions and developer agreements.
A Victory for Developers
Fair Share Housing Center Executive Director Adam Gordon called the lawsuit “a thinly-veiled political statement attempting to revisit arguments that failed in the legislative process.” Gordon emphasized the urgency of addressing affordable housing needs and criticized municipalities for resisting their obligations.
“This lawsuit is nothing new,” Gordon stated. “It’s a smokescreen supported by many of the same wealthy towns who have fought affordable housing for decades, every step of the way.”
State Senator Troy Singleton (D-Moorestown), a co-sponsor of the law, echoed this sentiment, urging municipalities to focus on meeting their obligations rather than prolonging legal battles.
Municipal Leaders Fight Back
Opponents, led by attorney Michael Collins, plan to appeal the ruling and challenge what they call an “unconstitutional and unfair” mandate.
“This doctrine was commandeered by developers and special-interest groups,” said East Hanover Mayor Joseph Pannullo. “They only care about more development and more profit. And housing advocates are unrealistic, single-minded, and care little about the real ramifications that come about by overdeveloping an area.”
The coalition of municipalities is also challenging recent rules issued by the New Jersey Housing and Mortgage Finance Agency and the extraordinary authority granted to FSHC to review municipal housing plans.
The reality is the forced development incurs massive needed upgrades , like new schools, sewage, power, water , police and fire all burdening an over burdened taxpayer that derives no benefit.
What’s Next?
Another hearing is scheduled for January 31, 2025, to determine whether the lawsuit will proceed. Meanwhile, towns face mounting pressure to comply with their affordable housing obligations or risk losing zoning authority.
The debate underscores a broader struggle over housing policy in New Jersey, balancing the need for affordable homes with concerns about overdevelopment and local autonomy.
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Another corrupt judge!
And greedy developers and politicians.