HACKENSACK—A Mercer County Superior Court judge will decide on Jan. 3 whether the New Jersey Urban Mayors Association (NJUMA) can intervene in the 28-town lawsuit spearheaded by Montvale to halt the state’s fourth round of affordable housing obligations, set to begin in July 2025.
In the meantime, Judge Robert T. Lougy is scheduled to hear arguments on Friday, Dec. 20, from Montvale and other plaintiffs seeking a stay of the fourth-round affordable housing deadlines as the case progresses. Montvale Mayor Michael Ghassali indicated that a Zoom link to the hearing would be made available and advised residents to check updates on the borough website or The Press Group’s site, thepressgroup.net.
The state Office of the Attorney General and the Fair Share Housing Center are expected to oppose the stay. Both parties, along with the plaintiffs, have filed briefs on the matter through the New Jersey eCourts system.
Montvale’s lawsuit, initially filed in September with nine towns, has since grown to include 28 municipalities [active on Facebook as Local Leaders for Responsible Planning]. As of Dec. 18, Ghassali said, 31 towns had committed to the legal challenge, and those additional towns would soon be formally included in the case.
Ghassali’s Perspective
Commenting on the NJUMA’s motion to intervene, Ghassali said, “We are getting under their skin,” referencing prior opposition from the Fair Share Housing Center, which had previously intervened in the lawsuit. He added, “It’s getting attention, and we need more towns to join us in opposing the next round. I just wish we would get a lot more support from other towns that stand to benefit from the lawsuit.”
He also has clarified elsewhere that he doesn’t oppose work toward affordable housing, but rather objects to mandates toward “high density housing.”
NJUMA’s Motion to Intervene
The NJUMA filed its motion to intervene on Dec. 16, requesting to participate as amicus curiae (friend of the court) in support of the defendants’ motion to dismiss Montvale’s complaint. The motion states, “Pursuant to New Jersey Court Rule 1:13-9, the New Jersey Urban Mayors Association (‘Proposed Amicus’) hereby moves for leave to participate as amicus curiae in the above-captioned matter by filing a brief in support of Defendants’ Motion to Dismiss the Fourth Amended Complaint and presenting oral argument if such argument is heard by the Court on the Motion to Dismiss.”
The Fair Share Housing Center, which has been critical of Montvale’s legal challenge, previously filed to intervene and was granted approval. It has since submitted a brief opposing Montvale’s case, arguing that the lawsuit seeks to overturn affordable housing obligations on both constitutional and legal grounds.
The fourth round of affordable housing obligations, a contentious issue in many municipalities, is set to begin in mid-2025 unless delayed or overturned. Montvale and its co-plaintiffs are pushing for broader support from municipalities as they continue their legal fight.