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Montvale NJ, a New Jersey Superior Court judge is weighing arguments from 26 towns challenging the state’s ambitious “affordable housing” requirements, as legal battles over development mandates intensify.
On Friday, attorney Michael Collins, representing the towns, petitioned the court to put the state’s housing law on hold while they dispute what they argue are unrealistic obligations. The legislation, passed earlier this year, sets guidelines for municipalities to create affordable housing units over the next decade—a move the towns claim disregards their capacity to support such development.
Why Are the Towns Fighting the “Affordable Housing” Law?
The towns’ lawsuit, filed in October, seeks to invalidate the housing law, arguing it imposes excessive burdens without considering local development limitations. “All we’re asking is to put the law on hold so that we can get into court and have a discussion on these issues,” Collins stated during the hearing.
Key concerns include:
- Unrealistic Deadlines: A January 31, 2025, deadline requires towns to accept or dispute their housing obligations, which Collins compared to a “gun to their head.”
- Separation of Powers: The law creates a panel to review housing disputes, which Collins argues violates the state’s constitutional separation of powers.
- Suburban Overburdening: Towns claim the state has overcounted their obligations, disproportionately impacting suburban areas.
The State’s Defense: A “Fair Share” Plan
Levi Klinger-Christiansen, an attorney from the state Attorney General’s office, defended the law as an efficient solution to tackle New Jersey’s housing crisis. The state estimates a 200,000-unit deficit in affordable housing for rent-burdened residents.
According to Klinger-Christiansen:
- The housing law provides a cost-effective, structured plan to address the crisis.
- The dispute resolution program is voluntary, allowing towns to file declaratory judgments if they disagree with their assignments.
- The law distributes housing obligations across suburban and urban municipalities, ensuring no single region bears the full burden.
New “Affordable Housing” Targets: What’s at Stake?
Under the law, New Jersey aims to develop:
- 84,000 new affordable homes in suburban areas by 2035 (an average of 150 homes per town).
- 65,000 rehabilitated units in urban municipalities, with Newark assigned 4,000 units.
Advocates like Adam Gordon, director of the Fair Share Housing Center, emphasized the importance of the legislation, calling it “landmark” and arguing the towns failed to demonstrate sufficient harm to justify halting the law.
What Happens Next?
Judge Robert Lougy expressed concern about the potential consequences of pausing the law, asking whether it would lead to “chaos.” Collins argued the delay would not cause disruption, as the next round of mandates begins in July 2025.
With both sides presenting compelling arguments, the decision could shape the future of affordable housing development across New Jersey.
Join the Discussion
Affordable housing remains a critical issue in New Jersey. Do you think the state’s plan is fair, or do the towns have a point? Share your thoughts in the comments!
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