The New Jersey state attorney general’s office will ask a Mercer County Superior Court judge on Friday to dismiss a contentious lawsuit brought by 26 towns seeking to overturn the state’s expansive affordable housing guidelines that were passed into law earlier this year.
The requirements would build 84,000 affordable homes and rehab another 65,000 existing affordable units over the next decade. Attorney General Matthew Platkin’s office was given a deadline of Dec. 6 to file its motion to dismiss the lawsuit. Platkin’s office confirmed with Gothamist that it plans to file its motion on Friday, along with a lengthier than usual brief in order to address all the points of the suit.
A spokesperson for Platkin did not immediately respond to a request for comment on the motion. In October, Platkin called the lawsuit “baseless.”
The attorney general’s highly anticipated response comes as New Jersey enters its fourth round of state-mandated affordable housing development under what is known as the Mount Laurel doctrine, which says that all New Jersey municipalities must contribute their “fair share” of low priced housing. In October, cities and towns around the state received their requirements from state officials. Each town is being asked to generate about 150 affordable homes on average between June 2025 and 2035, according to an analysis of the data by Gothamist.
The town leaders who are suing the state hope the Superior Court will find that the law is asking each municipality to undertake too much development. They’ve argued in court filings that New Jersey officials are not taking into account how much development these towns can truly support given their lack of available land and pressure on town infrastructure like roads and sewers when handing down the mandates.
The plaintiffs have also asked the court to grant a stay of the law that would put New Jersey’s entire affordable housing process on hold while the lawsuit plays out.
Since an initial nine towns filed the lawsuit in September, another 16 have joined the case – with more hinting they might join in the near future.
“I’m getting calls … maybe four or five times a week from different towns asking questions on the process to join what we’re doing, what the progress is with the lawsuit,” Montvale Mayor Mike Ghassali said.
Ghassali is leading the coalition of plaintiffs and is an outspoken critic of the state’s approach to affordable housing. He’s called for a three-year pause on affordable housing development so that towns can catch up on past requirements and address infrastructure concerns.
Each town that joins the lawsuit is asked to contribute $20,000 in taxpayer money to cover legal fees, Ghassali said.
Town leaders now have until the end of January to either accept the new affordable housing requirements or petition the state for a lower number.
Judge Robert Lougy told the parties he would hear arguments on the towns’ request for a stay of the law on Dec. 20.
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