Courtesy: NJ Spotlight News
On Monday September 9, 2024, KMC Partner Michael L. Collins filed a lawsuit on behalf of nine municipalities – led by the Borough of Montvale – that challenges the constitutionality of the Fourth Round affordable housing law. The lawsuit brings both substantive and procedural claims regarding the law, which imposes affordable housing mandates upon New Jersey municipalities for the 2025-2034 “Fourth Round” and every successive decade into perpetuity.
The lawsuit was covered extensively in both broadcast and print media, including as follows:
NJ towns sue the state over affordable housing rules – NJ Spotlight News
Montvale’s built 365 affordable units in the last five years, Ghassali states. His lawsuit argues, more affordable housing — imposed by the state — would burden Montvale’s taxpayers, its roads and schools without providing any resources to pay for it. It’s a so-called “unfunded mandate,” says plaintiff’s attorney Michael Collins.
“It certainly imposes costs upon the municipalities. And in the 1990s, the people of New Jersey adopted a constitutional amendment that prohibits the legislature from imposing local mandates on municipalities,” Collins said.
Towns sue to invalidate New Jersey’s new affordable housing law – New Jersey Monitor
The law, which Gov. Phil Murphy signed in March, is an unconstitutional, unfunded local mandate that enabled state legislators to “shirk political accountability” for ensuring the state’s 564 municipalities comply with their affordable housing obligations, attorney Michael L. Collins wrote in the lawsuit, which was filed in state Superior Court in Mercer County.
The law, which amended the 1985 Fair Housing Act, is intended to implement the Mount Laurel doctrine, constitutional case law that requires municipalities to provide realistic opportunities for the creation of low- and moderate-income affordable housing within their borders.
That doctrine stems from a 1983 ruling and its 1975 precedent, Collins noted in his complaint.
“Today’s circumstances are vastly different from 1983, and the Mount Laurel II judicial remedy — as reiterated through the Law — lacks continued vitality,” Collins wrote.
Unless a judge intervenes, Collins warned, “the Legislature may continue to take unbridled action in the affordable housing space under the guise of implementing the Mount Laurel doctrine.”
Nine towns sue New Jersey to stop next round of affordable housing mandates – Morristown Daily Record for NorthJersey.com
Fed up with new, court-enforced state mandates to facilitate the construction of more affordable housing, nine municipalities have joined forces to sue New Jersey, seeking to halt a dramatic wave of new residential complexes rising above the landscape in recent years.
. . . .
The lawsuit was filed in the state Superior Court Law Division in Mercer County. Attorney Michael Collins, representing the plaintiffs, said this is the first lawsuit of its kind challenging the looming fourth-round mandates.
New Jersey towns file lawsuit seeking to overturn state’s affordable housing law – Gothamist
Michael L. Collins, whose law firm is representing Ghassali and the opposition, said Monday that the new law is at odds with the requirements of the Mount Laurel directive.
“The lawsuit contends that the new law imposes obligations that are inconsistent with what was ever intended or mandated by our courts under the Mount Laurel doctrine,” Collins said. “The law imposes affordable housing obligations for the fourth round. And now every 10 years thereafter into perpetuity.”
9 N.J. towns sue the state over new affordable housing law – N.J. Advance Media / NJ.com
Several New Jersey mayors filed a lawsuit against the state Monday that says a recently-enacted law designed to create more affordable housing is an “overreach” by state officials.
The bipartisan coalition — called “Local Leaders for Responsible Planning” — is led by Montvale Mayor Mike Ghassali. The other plaintiffs include Denville, Florham Park, Hillsdale, Mannington, Millburn, Montville, Old Tappan and Totowa.
Filed by attorney Michael L. Collins in Mercer County Superior Court on behalf of the plaintiffs, the lawsuit challenges the law Gov. Phil Murphy, a Democrat, signed in late March.
New housing law is unconstitutional, nine towns say in lawsuit – New Jersey Globe
The lawsuit filed today by Michael Collins of King, Moench & Collins claims that the structure of the newly created Affordable Housing Dispute Resolution Program, which allows the acting director of the administrative office of the courts to pick the panel members, is unconstitutional.
Collins also alleges that housing obligations under the new law significantly exceed the constitutional requirement, even though the legislature was permitted to pare back the mandates. That, Collins argues in the lawsuit, creates an unfunded mandate, which he says is also unconstitutional.
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The lawsuit was filed against the State, the Affordable Housing Resolution Committee, and Glenn Grant, the acting administrative director of the courts. Collins says several of the appointments to the resolution panel aren’t eligible under the statute.
KMC specializes in representing public entities and serves as municipal attorneys and special counsel to numerous New Jersey municipalities. For more information, contact Partner Michael L. Collins at mcollins@kingmoench.com or 732-546-3670.
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