the staff of the Ridgewood blog
Montvale NJ, a coalition of over two dozen New Jersey towns is ramping up its fight against the state’s controversial forced over development “affordable housing” mandates, taking their case to federal court in an effort to halt the wave of rapid development sweeping through suburban communities.
On Thursday, the group — organized as the Local Leaders for Responsible Planning — filed a lawsuit in New Jersey’s U.S. District Court, naming State Attorney General Matthew Platkin and Acting Director of the Administrative Office of the Courts Michael Blee as defendants.
Claims of Unfair Housing Burdens
The lawsuit alleges that “backroom deals” between state officials and special interests unfairly placed the burden of affordable housing development solely on suburban towns, while Urban Aid municipalities were exempted.
The towns are seeking:
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Injunctive relief from enforcement of the current affordable housing laws.
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A declaration that the laws violate the New Jersey Constitution and federal equal protection rights.
“Every community should do its part — but Trenton’s suburb-only housing plan just isn’t fair,” said Montvale Mayor Mike Ghassali during the lawsuit announcement.
Montvale is one of the 27 towns involved and among the last seven in the state yet to reach a settlement with the Fair Share Housing Center.
Long History Behind the Mandate
New Jersey’s affordable housing mandate dates back to the landmark 1975 Supreme Court decision in Southern Burlington NAACP v. Township of Mount Laurel, which outlawed exclusionary zoning and required municipalities to provide their “fair share” of affordable housing.
After a period of non-enforcement, a 2015 court decision transferred responsibility for compliance to the judicial system, sparking a surge in development across suburban towns.
Since then, suburban leaders claim they’ve been forced into accommodating massive developments to meet affordable housing quotas, while urban areas have been largely shielded.
“Since Mount Laurel in 1975, who’s made out on this?” asked Mount Arlington Mayor Michael Stanzilis. “Engineers, planners, attorneys, and some builders — it’s become a cottage industry perpetuating litigation forever.”
What’s Next?
The towns involved — including Montvale, Hillsborough, North Arlington, Old Bridge, Readington, Toms River, and Warren Township — will also be participating in the state’s new Affordable Housing Dispute Resolution Program to determine final housing obligations for the next decade.
As this high-profile lawsuit moves forward, it could significantly reshape how affordable housing policies are implemented across New Jersey.
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