A Mercer County judge has denied a request from 26 New Jersey towns seeking to pause the state’s affordable housing development process while they challenge the newly passed legislation that mandates housing requirements. On Thursday, Mercer County Superior Court Judge Robert Lougy ruled that the public interest in new affordable housing “overwhelmingly” outweighs the towns’ concerns regarding the strain placed on their infrastructure and available land.
In his ruling, Judge Lougy emphasized the inequity of delaying the affordable housing process, noting that it would harm low- and moderate-income households. The towns had filed the lawsuit in October, arguing that the new state law unfairly demands them to build more housing without considering the limitations they face in terms of land and infrastructure. “The Court finds it incongruous with all principles of equity to leave the State’s low- and moderate-income households in worse shape,” Lougy wrote.
While the suburban towns involved in the lawsuit resist these mandates, cities like Newark have been at the forefront of pushing for affordable housing initiatives because they understand firsthand the desperate need for these resources.
The lawsuit challenges a 2023 state law that sets guidelines for affordable housing allocation, requiring municipalities to build a fair share of homes for low- and moderate-income residents. Under this law, towns are assigned specific housing targets, with suburban municipalities tasked with providing a substantial portion of the 84,000 affordable homes the state aims to develop by 2035. Towns involved in the lawsuit, including Montvale, are calling for a suspension of the law’s implementation until their concerns are addressed in court.
Judge Lougy’s decision clears the way for the state to continue with its affordable housing mandates. Attorney General Matthew Platkin, who defended the state’s stance, stated that his office is prepared to continue fighting against the lawsuit. “We are glad that the court decisively rejected this meritless attempt by a small group of towns to upend New Jersey’s landmark affordable housing law,” Platkin said.
The ruling by Judge Robert Lougy underscores the inherent tension between local interests—represented by the 26 towns arguing that their infrastructure and available land are insufficient—and the broader societal need for equitable housing solutions. These towns, many of which are suburban and wealthier, have traditionally resisted the idea of being part of the solution to the housing crisis. Their resistance is rooted in a longstanding history of exclusionary zoning laws and practices that have marginalized low- and moderate-income families, particularly Black and brown communities, from accessing affordable housing in more affluent areas.
While the ruling represents a setback for the towns involved in the lawsuit, it paves the way for the state’s affordable housing initiatives to move forward. As the legal process continues, municipalities must prepare to either accept or challenge the housing mandates by January 31, 2025.
