New Jersey Appeals Court Denies 26 Towns’ Request to Halt Affordable Housing Law
In a recent development, a New Jersey appeals court has delivered a significant blow to a coalition of 26 towns by denying their request to halt the implementation of the state’s new affordable housing law. The decision, made by a two-judge court panel, upholds a previous ruling by a state Superior Court judge and emphasizes the importance of moving forward with the new legislation.
Details of the Decision
Judge Morris Smith, in his written opinion, stated that the towns failed to demonstrate “irreparable harm by clear and convincing evidence,” thereby justifying the denial of their request to stay the law. Despite the setback, the lawsuit challenging the new law will continue, with the next hearing scheduled for Jan. 31.
Response from Towns and Officials
Montvale Mayor Mike Ghassali, leading the coalition of towns, expressed disappointment with the appeals court ruling, referring to it as a “poor decision.” He mentioned that the towns are contemplating an appeal to the state Supreme Court to seek resolution.
On the other hand, attorney Michael Collins, representing the towns, highlighted a crucial deadline looming at the end of January. This deadline requires municipalities to either accept the state-mandated number of affordable homes to be built or propose an alternative number they believe is feasible over the next decade.
Public Interest vs. Municipal Concerns
In the legal battle, Mercer County Superior Court Judge Robert Lougy emphasized the public interest in constructing new affordable housing, stating that it outweighed the towns’ concerns about overburdening their resources. The municipalities argue that the state’s mandates do not consider their limitations in land availability and infrastructure capacity.
Adam Gordon, director of Fair Share Housing Center, a housing nonprofit involved in the lawsuit, welcomed the appeals court decision as positive news. He emphasized the importance of not delaying the implementation of the new affordable housing law, highlighting its significance in addressing housing needs in New Jersey.
This ruling underscores the ongoing tension between state mandates and local autonomy, raising questions about the balance between affordable housing goals and municipal concerns. As the legal battle continues, the implications of this decision will undoubtedly shape the future of housing policy in New Jersey and beyond.
