T
he state of New Jersey is facing a legal challenge as nine of its municipalities have filed a lawsuit against the state government, claiming that a recent affordable housing overhaul is unconstitutional. The lawsuit was filed on Monday, according to reports from the New Jersey Monitor. The lead attorney representing the municipalities warned that the law could allow the state legislature to take unchecked actions in the affordable housing space under the guise of implementing the Mount Laurel doctrine. This doctrine is a constitutional case law that dictates the state's historic affordable housing rules.
The municipalities involved in the lawsuit include Montvale, Florham Park, Millburn, and Totowa. The bill's sponsor, Sen. Troy Singleton, has criticized the lawsuit, stating that it is shameful for the plaintiffs to attempt to avoid their long-overdue affordable housing obligations.
The law in question was signed into law by Gov. Phil Murphy in the spring. It codifies a formula to help towns determine the number of affordable housing units they need to account for their "fair share" in the state, as required by the state's Mount Laurel doctrine.
The Department of Community Affairs is working on publishing obligation numbers for each town based on a formula used in a 2018 decision. This formula considers factors such as developable land, growth in household numbers, and changes in non-residential property values. Once these numbers are published, each town will need to create plans and resolutions demonstrating where such affordable housing can be zoned and what type of housing would be permitted. These plans will protect municipalities from zoning litigation, which could allow developers to bypass local approval as long as their project has at least 20 percent of units set aside for affordable housing.
The lawsuit has sparked controversy, with some arguing that it could delay the implementation of the legislation for years, hurting those who cannot afford housing in the state. According to Adam Gordon, the executive director of the Fair Share Housing Center, there is an affordable housing shortage of more than 200,000 units in New Jersey. The governor's office has declined to comment on the lawsuit, but state attorney general Matt Platkin has called the lawsuit's claims "baseless" and vowed to defend the legislation in court.
