MONTVALE—Fair Share Housing Center (FSHC), a nonprofit advocating for the housing rights of low- and moderate-income residents, has filed a motion with Mercer County Superior Court to intervene in a 24-town lawsuit led by Montvale.
The lawsuit seeks to stay, or halt, deadlines imposed under New Jersey’s new affordable housing law while challenging the legality of fourth-round housing obligations.
FSHC’s motion, filed on Nov. 1, argues that the organization’s interests are not adequately represented by existing parties and emphasizes the importance of protecting the rights of lower-income households. Judge Robert Lougy is expected to decide on the motion by Nov. 22.
Judge Lougy has scheduled a show-cause hearing for Dec. 3 to address the lawsuit, filed on Sept. 9 by Montvale and its coalition, Local Leaders for Responsible Planning. The coalition contends that the fourth-round housing mandates are unconstitutional.
On Nov. 4, Judge Lougy extended the timeline for ruling on the requested stay. Opposition to the stay must be filed by Dec. 6, with plaintiffs’ replies due by Dec. 13. Oral arguments are scheduled for Dec. 20 via Zoom.
FSHC Executive Director Adam Gordon called the lawsuit “a smokescreen to undermine and delay New Jersey’s affordable housing law,” arguing that most municipalities comply with the law and use its flexibility to address local needs.
Gordon added, “The idea that urban aid municipalities are not required to do anything under the law is just not true. These municipalities have historically produced far more affordable housing than suburban towns and are required to rehabilitate existing housing to meet their obligations.”
Gordon’s bio at fairsharehousing.org notes he leads Fair Share Housing Center’s “coordinated strategy of organizing, litigation, and policy development to advance racial, economic, and social integration throughout New Jersey and the United States.”
It says, “Since joining the organization in 2006, he has worked to implement New Jersey’s Mount Laurel Doctrine, which has created over 70,000 affordable homes in historically exclusionary communities. He also litigated the largest federal fair housing case in U.S. history and has worked to make federal disaster recovery policy more equitable.”
Moreover, “Under Gordon’s leadership, FSHC secured passage of the first statewide Fair Chance in Housing Act to limit discriminatory tenant screening policies, a landmark $305 million fund to accelerate affordable housing development, and major legislation to strengthen enforcement of the Mount Laurel Doctrine. Gordon is a co-founder and former board chair of Next City and holds a B.A. & J.D. from Yale University.”
FSHC’s Motion to Intervene
In its 30-page motion, FSHC states, “This lawsuit is designed to delay Mount Laurel compliance altogether,” referring to the landmark case that established municipalities’ obligations to provide affordable housing. The motion claims that the interests of lower-income households are not represented by the plaintiffs, who are affluent municipalities opposing affordable housing obligations.
FSHC highlights its decades-long role in representing low-income households under the Mount Laurel doctrine, which guarantees the organization standing in affordable housing cases. It asserts that granting the coalition’s request to halt obligations would delay housing production, exacerbate the housing crisis, and require costly litigation.
The nonprofit also disputes the plaintiffs’ claim of “emergent relief,” noting that they waited seven months after the law’s passage in March 2024 to take legal action.
Affordable Housing Law Deadlines
- New Jersey’s 2024 affordable housing law mandates tight deadlines for municipal compliance:
- Municipalities must adopt their obligations by Jan. 31, 2025.
- Challenges to municipal determinations must be filed by Feb. 28, 2025, with decisions issued by March 31, 2025.
- Housing Element and Fair Share Plans, including zoning changes, must be adopted by June 30, 2025, with responses due by Aug. 31, 2025.
- Final plans must be adopted by March 15, 2026.
- The state Department of Community Affairs (DCA) released fourth-round obligations on Oct. 18, calculating nearly 2,000 affordable units for eight Pascack Valley towns. Montvale’s obligation of 348 units is second only to Woodcliff Lake’s 423 units.
Pascack Valley Towns Respond
Most towns are consulting planners, housing attorneys, and citizens’ committees to address the mandates, which many officials believe are excessive.
Obligations for other Pascack Valley towns include:
- Emerson: 181 units
- Hillsdale: 220 units
- Park Ridge: 138 units (plus 137 rehabilitation units)
- River Vale: 195 units (plus 49 rehabilitation units)
- Township of Washington: 184 units
- Westwood: 235 units (plus 19 rehabilitation units)
To date, four area towns—Montvale, Hillsdale, Westwood, and Washington Township—have joined the lawsuit to overturn the mandates.