TRENTON, N.J. — A Mercer County Superior Court Judge issued a decision on Tuesday that supports the continuation of New Jersey’s rigorous new affordable housing legislation, striking down a request to halt the law’s implementation. The motion to pause, brought forward by two dozen municipalities known for their resistance to inclusive housing policies, was decisively rejected by Judge Robert T. Lougy.
In September, these municipalities had jointly filed a lawsuit challenging the state’s affordable housing framework. The legislation mandates every city allows a quota of affordable housing to accommodate its population’s needs. A hearing to possibly dismiss the lawsuit is scheduled for January 31.
Judge Lougy, in his ruling, emphasized the important social objectives served by the law, underpinning his decision by highlighting that the welfare of low- and moderate-income families could not be compromised. His decision underscored that obstructing the law would only worsen their plight, contrary to the principles of equity.
Adam Gordon, the Executive Director of the Fair Share Housing Center, lauded the ruling, noting that the decision reflects the court’s understanding of the urgent need for affordable housing amidst soaring housing costs that particularly affect working families, disabled individuals, and elderly residents.
Gordon also pointed out the long-standing judicial encouragement for New Jersey’s legislative and executive bodies to formalize the principles of the Mount Laurel Doctrine. This doctrine mandates municipalities to participate in fair-share housing obligations and was robustly codified in the state’s recent legislative effort in March 2024. The rule recalculates obligations every 10 years, with the next round scheduled to begin in 2025.
Governor Phil Murphy had signed the significant legislation (S50/A4), refining the development process of affordable housing and establishing the method to calculate each town’s requisite accommodations for the next decade. This effort was supported by numerous state legislators including Senate President Nicholas Scutari and Assembly Speaker Craig Coughlin, among others.
Alongside these developments, in October, New Jersey’s Department of Community Affairs disclosed detailed estimates of the affordable housing units that each municipality must plan for over the forthcoming ten years. Municipalities are to use these figures or develop their own consistent methodologies by the end of January 2025 and must draft comprehensive plans by the middle of the same year.
Disparaging the motives behind the lawsuit, Gordon criticized the opposing municipalities for not reflecting the diversity and needs of New Jersey’s wider population. He argued that the legal challenge serves as a disguise for the continuous obstruction by affluent communities against inclusive housing policies. Conversely, numerous municipal leaders are embracing the law, leveraging it to craft and execute housing plans that cater adequately to their local demographics.
Highlighting resources for local officials and residents, last month saw the release of a new report co-published by the Fair Share Housing Center and the Housing and Community Development Network of NJ. This report aims to facilitate understanding and engagement with the state’s housing development initiatives.
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