NJ Towns Forced to Follow Affordable Housing Mandate After Judge Rejects Legal Challenge
New Jersey’s affordable housing mandate will continue in 2025 after a judge dismissed a request to pause the new state law. In a ruling on Thursday, Superior Court Judge Robert Lougy sided with Fair Share Housing Center, rejecting the claims from over two dozen municipalities that the law should be put on hold. The legislation, passed in March, aims to speed up enforcement of the Mount Laurel Doctrine, which requires towns to provide their “fair share” of low- and moderate-income housing.
Judge Lougy emphasized the importance of addressing the state’s housing needs, calling it unjust to delay efforts to help low-income households. The Fair Share Housing Center, which advocates for affordable housing, called the lawsuit a political move that was already rejected during the legislative process.
Despite the setback, the group of towns challenging the law, known as the Local Leaders for Responsible Planning, plans to appeal the decision, arguing that the law grants courts too much authority over municipal housing plans. They claim the new law is “unconstitutional” and “unfair” to municipalities.
85,000 New Housing Units Required
The mandate, based on the Mount Laurel rulings, requires municipalities to create 85,000 new housing units and renovate 65,000 existing ones over the next decade. With many towns already struggling to meet previous obligations, the new law has sparked significant opposition.
Several mayors, including Montvale Mayor Michael Ghassali and East Hanover Mayor Joseph Pannullo, argue that the law pushes for overdevelopment and prioritizes profits over the well-being of local communities.
Next Steps and Legal Challenges
The municipalities have until January 31 to either adopt the Department of Community Affairs’ calculations for affordable housing or submit alternatives. If no further legal delays occur, towns must adopt specific plans by June 30.
State Sen. Troy Singleton praised the judge’s ruling, calling the legal challenge politically motivated and wasteful of taxpayer resources. Meanwhile, the municipalities are preparing additional legal steps to contest the law, including a new appeal against recent housing rules and guidance issued by the New Jersey Housing and Mortgage Finance Agency.
This article originally appeared on NorthJersey.com: NJ towns on the hook for ‘fair share’ of affordable housing after judge rejects challenge