Several towns in Bergen County are pushing back against New Jersey's new affordable housing law. Leading the charge are Montvale, Old Tappan, and Hillsdale, with six other towns in the county expected to join the fight soon. These municipalities argue that the state’s new mandates overstep local governance, placing unnecessary burdens on suburban areas without providing enough resources or considering the unique needs of these communities.
What is the 2024 Affordable Housing Law in NJ?
In March 2024, New Jersey passed a reform of its existing affordable housing mandates. This law is intended to address the state’s shortage of over 200,000 affordable housing units, a problem that has affected low-income families, seniors, and individuals with disabilities. The reform requires municipalities across New Jersey to meet updated housing quotas, ensuring they provide a certain number of affordable units by July 2025.
The law also establishes an Affordable Housing Dispute Resolution Program, which aims to resolve conflicts between the state’s Department of Community Affairs (DCA) and municipalities through mediation by retired judges and experts. This system is designed to streamline the decision-making process, but many towns, including those in Bergen County, argue it removes local leaders from key decisions about their communities.
Why Are Bergen County Towns Fighting the Law?
Montvale, Old Tappan, and Hillsdale are leading a lawsuit against the state, asserting that the new housing mandates go beyond constitutional requirements under the Mount Laurel Doctrine, which originally required towns to provide their "fair share" of affordable housing. According to these towns, the 2024 law places excessive and unfunded burdens on suburban municipalities like theirs, while exempting certain urban areas from similar obligations.
Montvale Mayor Mike Ghassali, one of the most vocal opponents of the law, argues that the dispute resolution system, which takes affordable housing decisions out of the hands of elected officials and hands them over to unelected experts, is both unconstitutional and harmful to local communities. Ghassali and other local leaders believe that local municipalities should have more control over how they plan for affordable housing, and not be dictated to by the state without adequate input or resources.
Six More Bergen County Towns Expected to Join
In addition to Montvale, Old Tappan, and Hillsdale, Allendale, Oradell, River Vale, Washington Township, Westwood, and Wyckoff are expected to join the lawsuit. These towns have expressed support for the legal challenge and are expected to formally join the coalition soon. Together, these towns are part of a larger movement of suburban municipalities across the state that feel the 2024 affordable housing law unfairly targets their communities.
Statewide, the coalition known as Local Leaders for Responsible Planning includes 16 towns so far, and more are expected to join as they complete their internal approval processes.
What Are These Towns Arguing?
The towns in Bergen County, along with others across New Jersey, are challenging several key aspects of the new law:
Excessive Mandates: The towns argue that the housing quotas imposed by the 2024 law go far beyond what is required under the Mount Laurel Doctrine (which most of these towns have already met the obligation for), placing unreasonable burdens on suburban areas.
Unconstitutional Structure: The dispute resolution program is being challenged as unconstitutional because it hands decision-making power to unelected experts and retired judges, removing local control from the hands of elected municipal officials.
Urban Exemptions: One of the most contentious points in the lawsuit is the fact that 62 urban aid municipalities are exempt from these new affordable housing obligations. The towns involved in the lawsuit argue that this unfairly shifts the burden to suburban communities, which already face significant challenges in meeting their existing affordable housing quotas.
What’s Next?
The coalition of towns is seeking to halt the implementation of the new housing mandates, which are set to take effect in July 2025. As the lawsuit moves through the courts, the participating towns are expected to ramp up their efforts to bring more municipalities on board. So far, the coalition includes towns from various counties, including Bergen, Morris, Union, Essex, and Salem.
Montvale Mayor Mike Ghassali has stated that the goal of the lawsuit is not to oppose affordable housing, but to ensure that the law is fair and workable for all municipalities. According to Ghassali, the law places undue pressure on suburban towns without offering the necessary resources or flexibility to plan for their future growth.
The Impact on New Jersey Residents
If successful, the lawsuit could delay or significantly alter the way affordable housing is implemented in NJ. With over 14 renters competing for every available affordable unit in the state, the stakes are high for low-income residents, families, seniors, and individuals with disabilities who rely on these housing options.
Opponents of the lawsuit, including the Fair Share Housing Center, argue that delaying the implementation of the 2024 law would harm those most in need of affordable housing. The organization has called the lawsuit a smokescreen designed to undermine decades of progress toward fair housing in New Jersey.
If the mandate goes into effect, it could lead to significant changes across many New Jersey communities. On one hand, the construction of more affordable housing units could provide much-needed relief for those struggling with high rents and housing shortages, potentially increasing diversity and accessibility. However, some residents may be concerned about the potential strain on local resources, such as schools, infrastructure, and public services, as towns are required to accommodate new developments. Additionally, the introduction of higher-density housing may alter the suburban character of certain neighborhoods, which could impact property values and community dynamics. While the mandate aims to address statewide housing shortages, its broader implications on local economies and residential environments remain a point of contention among various stakeholders.
Final Thoughts
As the legal battle unfolds, the outcome of this lawsuit could have far-reaching implications not only for Bergen County but for the entire state of New Jersey. With the coalition of towns continuing to grow, this case will likely remain a focal point of local politics in the months to come.
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