WASHINGTON (CN) - Local officials in New Jersey filed an emergency application at the Supreme Court on Monday to halt an upcoming rezoning deadline for affordable housing units in small towns.
The appeal challenges a 2024 law signed by former Democratic Governor Phil Murphy creating a process for determining affordable housing quotas and reforming town zoning laws to expedite the construction of housing units.
Under the state court created Mount Laurel Doctrine, New Jersey municipalities must provide their "fair share" of affordable housing" to prevent economic discrimination. Local officials say the state's 2024 housing law is New Jersey's latest foray into the doctrine, which they described as "an unusual and isolated affordable housing framework when compared to other states."
"Its provisions have produced few meaningful results, leaving New Jersey with an approach many see as impractical, burdensome, and ineffective," the towns and officials wrote in their emergency application."Thus, the doctrine 'has not traveled well beyond New Jersey.'"
Municipalities must implement zoning changes mandated by the Affordable Housing Dispute Resolution Program. To do so, local election officials from each municipality must vote to adopt the required zoning changes.
Officials said adopting the changes allows builders seeking to construct high-density housing units to apply for land approvals.
"The required rezonings in non-urban aid municipalities are to be completed by local elected officials including applicants and result in high-density development in areas where it would otherwise not be allowed, under the guise of 'affordable housing,'" the towns and officials wrote.
But if local leaders refuse to adopt the new zoning plans, they could face "builder's remedy" lawsuits, allowing developers to build high-density housing if at least 15% of the units are affordable.
"Whether applicants support compliance or noncompliance, responsibility for the resultant zoning changes will be placed squarely upon their shoulders, negatively affecting their reputations as elected officials and prospects for re-election," the towns and officials wrote.
A coalition of New Jersey towns and local elected leaders claim that the housing law violates the state constitution's general welfare clause. They say small towns are being forced to take on more than their fair share of affordable housing units due to exemptions for fast-growing cities.
"Only non-urban aid municipalities have a prospective need obligation," the towns and officials wrote. "Urban aid municipalities are entirely exempt from any prospective need obligation and are not even required to satisfy the need generated by their own population growth."
The state government estimated New Jersey will need to construct over 80,000 affordable housing units by 2035 to meet prospective housing needs.
The towns ask the Supreme Court to temporarily halt the upcoming March 15 rezoning deadline and bar developers from filing "builder's remedy" lawsuits while litigation over the towns' affordable housing obligations are pending.
The Supreme Court asked New Jersey to respond to the application by Feb. 17.
Source: Courthouse News Service
