Towns File Appeal Against Affordable Housing Law
A coalition of 26 towns in New Jersey recently filed an appeal just days after a state Superior Court judge denied their request to halt the new affordable housing law from taking effect. The towns are urgently seeking an emergency review of their case by the state Appellate Division in hopes that the higher court will grant a stay of the law.
Key Deadline Approaching
At the end of this month, all New Jersey municipalities must either accept the number of affordable homes the state is requiring them to build in their communities or present an alternative number they can reasonably develop over the next decade. Last week, Mercer County Superior Court Judge Robert Lougy rejected the towns’ request to stay the law, emphasizing the wider public interest in constructing new affordable housing.
Controversial Aspects of the Law
The municipalities claim the state is unfairly requiring them to build more housing without considering their available land and the strain on infrastructure like roads and sewers. Attorney Michael Collins highlighted “constitutional infirmities” in the process, warning that towns could lose their zoning power and face lawsuits from builders if they don’t comply.
Debate Over ‘The Program’
The towns’ appeal also challenges the constitutionality of “The Program,” a panel established to handle affordable housing disputes. They argue that the separation of powers is being violated by giving the judiciary power to appoint members to this panel. Judge Lougy seemed to agree with the attorney general’s office’s stance that participation in “The Program” is voluntary.
Adam Gordon of Fair Share Housing Center expressed disappointment in the towns’ efforts to block affordable housing, given the ongoing housing crisis in New Jersey. As this legal battle continues, the future of affordable housing development in the state hangs in the balance, with the Appellate Division expected to weigh in on the matter soon.
