PARK RIDGE—Mayor Keith Misciagna told Pascack Press that he would wait on joining Montvale’s proposed statewide affordable housing lawsuit and committing $20,000 to the cause until “the legal basis for this case along [with] a strategy to win” is clear.
Misciagna, a Democrat, said that after nearly five years of the borough’s legal battles against the state’s affordable housing mandates and a developer seeking to put nearly 1,000 housing units on the former Sony property—448 rental apartment units were approved in late 2020—the borough was unlikely to commit funds to a fight championed by his Republican colleague Mayor Michael Ghassali of Montvale.
Misciagna said, “I have been saying for years that towns need to stick together if we are to get this insanity under control. I support what the towns are attempting to do, but without a clear plan for the lawsuit or input on legal representation, I’m not presently willing to spend any more Park Ridge taxpayer money, that is, at least until I fully understand the legal basis for this case along [with] a strategy to win.”
He added, “Park Ridge has been fighting this for years, and we will continue to fight where it makes sense, and I am hopeful that if we are presented with a clear plan, we can join with our financial support.”
Ghassali has enlisted several towns, including Montvale itself, that have committed $20,000 each to the battle against “unequal affordable housing obligations.” He is seeking at least 62 towns with affordable housing obligations to join the lawsuit, which aims to challenge 62 urban aid towns exempt from thes mandates.
[See “16 towns back Ghassali’s housing case; strategy pending,” by Michael Olohan, Pascack Press, Aug. 25, 2024.]
Ghassali argues that if the 62 exempt towns were required to provide affordable units, all towns obligated to provide such housing would likely need to provide fewer affordable units overall.
Recently, Montvale hired King, Moench & Collins LLP as affordable housing counsel for the lawsuit. However, some town officials have expressed confusion and concern over what “legal strategy” or “cause of action” Montvale will take to overturn a part of the state’s 1985 Fair Housing Law.
That law was passed by state legislators following the Mount Laurel decisions in 1975 and 1983, which required certain towns to provide their “fair share” of affordable housing units.
Ghassali told Pascack Press on Aug. 28 that King, Moench & Collins plan to file a complaint in court this week, but declined to discuss the legal strategy or details. He noted that the backers are aware of the strategy, which focuses on “procedural issues” to ensure it is “as fair of a process for everyone that is constitutionally legal.”
When asked whether he referred to the state or federal constitution, Ghassali did not specify. He added that once the suit is filed and becomes widely known statewide, he expects more towns to join the legal effort.
In December 2020, after years of legal battles against a developer that cost the borough hundreds of thousands of dollars and increased municipal taxes, Park Ridge settled with Landmark AR Park Ridge (formerly Hornrock Properties) to permit 448 units on a 30-acre former Sony property, including 68 affordable units.
Misciagna added, “As most know, Park Ridge has been at the forefront of fighting overdevelopment and predatory developers who use affordable housing builder’s remedy lawsuits to force unwanted and overly dense developments throughout New Jersey under the guise of helping the less fortunate.”
Montvale settled part of its affordable housing obligations in early 2019 by allowing 185 units, including 37 affordable units, on a 7-acre former Sony parcel near the Park Ridge line.
In July, Emerson’s borough attorney, John McCann, advised the council not to join the Montvale lawsuit until the strategy was clear and he could evaluate its chances for success.