16 towns back Ghassali’s housing case; strategy pending

Affordable housing illustration.
Affordable housing illustration.

MONTVALE—Mayor Michael Ghassali said 16 towns, including Montvale, have committed funds in a coalition against the state’s affordable housing law. He did not disclose a legal strategy to be used to challenge the law, approved in 1985.

At press time, Aug. 22, Ghassali said Montvale and 15 other towns have committed $20,000 each over two years, passing resolutions and joint defense agreements.

  • In Bergen County: Allendale, Hillsdale, Montvale, Old Tappan, Oradell, River Vale, Township of Washington, and Westwood.
  • In Morris County: Florham Park, Montville, and Wharton.
  • In Union County: Clark.
  • In Salem County: Mannington.
  • In Essex County: Millburn.
  • In Passaic County: Totowa.

Ghassali said more towns are expected to join “after completing their internal approval processes.”

The state’s Fair Housing Act codified decisions from the 1975 and 1983 Mount Laurel cases that required municipalities to provide a “fair share” of opportunities for affordable housing in New Jersey’s towns.

Ghassali noted that 62 “urban aid” towns, which are exempt from affordable housing obligations, should be included to ease the affordable housing burdens on other suburban towns, such as Montvale, which have provided their “fair share” of affordable units over three prior rounds of affordable housing obligations.

“We are continuing to partner with other municipalities that are interested in joining us to bring a legal challenge to the law,” Ghassali wrote in an Aug. 19 email update to residents. 

“Starting this week, we will be setting up discussions between the participating municipalities and our retained law firm (King, Moench & Collins LLP) to discuss the litigation,” said the mayor.

Ghassali noted “I am expecting many more to join as these towns meet once a month in the summer, and I have several meetings scheduled with governing bodies across the state through September.”

At a recent council meeting, officials in Emerson were advised by their borough attorney not to invest taxpayer dollars in the lawsuit, noting that neither Ghassali nor the attorneys hired have yet disclosed a legal strategy.

Every town in the state is expected to receive their fourth-round affordable housing obligation on or around Oct. 20, “except for the 62 towns that are classified as qualified urban aid municipalities, receiving our tax dollars for over 30 years,” Ghassali said.