NJ “Affordable Housing” Court Ruling: Municipalities Gain Partial Relief But Mandate Stands

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the staff of the Ridgewood blog

Montvale NJ, the Local Leaders for Responsible Planning (“LLRP”) won a Superior Court order that effectively invalidates illegal provisions contained in the Affordable Housing Directive issued by retired Administrative Director of the Courts Glenn A. Grant and requires the Administrative Office to the Courts to issue corrective guidance.

“Today’s ruling confirms why a court director should not be dictating affordable housing rules to each of our communities and that we need a better system in New Jersey,” said Montvale Mayor Mike Ghassali, leader of LLRP.

The order reverses the Directive’s original requirement that municipalities have their housing element and fair share plans “review[ed]” by the Fair Share Housing Center as a condition of filing by June 30, 2025. The order now provides that a municipality must merely “submit” the plan when it is already publicly available.

“This Court Order establishes that Fair Share Housing Center is not entitled to a preemptive review of each New Jersey municipality’s plan for compliance with Trenton’s housing mandates,” explained coalition attorney Michael L. Collins of King, Moench & Collins LLP.

“Our coalition has stopped the judiciary from providing special treatment to the Fair Share Housing Center ahead of anyone else in New Jersey,” explained Ghassali. “We are proud to be successfully fighting for a fair process, not one that makes Fair Share Housing Center the fourth branch of New Jersey’s government.”

The order also provides that New Jersey’s municipalities only need to submit “drafts” of ordinances and resolutions that are proposed for compliance with the Trenton housing mandates contained in law, not “adopted” ordinances and resolutions as the Directive provided. This order demanded by LLRP ensures that our communities are not required to adopt any zoning changes at this time, and that such actions are only required in 2026.

The Court Order lastly mandates that the Administrative Office of the Courts issue a “Notice to the Bar” that contains clarifications in accordance with the Court’s order that LLRP obtained.

The referenced Court Order is attached. While the Court captions the order as “denying” relief, it nonetheless issued specific relief in Paragraph 4 consistent with the LLRP’s demands.

ABOUT LOCAL LEADERS FOR RESPONSIBLE PLANNING

LLRP, led by Mayor Ghassali of Montvale, is a coalition dedicated to advocating for fair, responsible, and constitutionally sound planning policies that respect local autonomy. Represented by Michael L. Collins, Esq. of King, Moench & Collins LLP, LLRP is taking a stand against mandates that undermine municipal authority and create untenable financial obligations. The LLRP has filed a federal lawsuit and three state court lawsuits in support of this effort:

Borough of Montvale v. Platkin – DNJ – 3:25-cv-3220

Borough of Montvale v. State of New Jersey – MER-L-1778-24

Borough of Montvale v. Blee – MER-L-266-25

In re New Jersey Housing and Mortgage Finance Agency – A-1247-24

LLRP is comprised of 29 New Jersey municipalities: Borough of Montvale, Township of Denville, Borough of Florham Park, Borough of Hillsdale, Township of Mannington, Township of Millburn, Township of Montville, Borough of Old Tappan, Borough of Totowa, Borough of Allendale, Borough of Westwood, Township of Hanover, Township of Wyckoff, Borough of Wharton, Borough of Mendham, Borough of Oradell, Borough of Closter, Township of West Amwell, Township of Washington, Borough of Norwood, Township of Parsippany-Troy Hills, Borough of Franklin Lakes, Township of Cedar Grove, Township of East Hanover, Township of Holmdel, Township of Wall, Township of Little Falls, Township of Warren, Township of West Caldwell.