By Tom Nonnenmacher
Published January 14, 2025 at 3:13 PM
Last updated January 15, 2025 at 7:57 PM
EAST HANOVER, NJ - The Township of East Hanover is part of a coalition of 26 suburban municipalities known as Local Leaders for Responsible Planning (LLRP), which is contesting New Jersey’s new affordable housing requirements. The coalition, led by Montvale Mayor Mike Ghassali, argues that the state’s mandate to provide a “fair share” of affordable housing places an excessive burden on suburban towns while exempting urban areas.
Despite the coalition’s efforts, Mercer County Superior Court Judge Robert Lougy recently denied their request to halt the implementation of the law. In his ruling, Judge Lougy stated it would be "incongruous with all principles of equity" to delay the law, as doing so would harm low- and moderate-income households the legislation aims to support.
Many residents throughout the state show up at local council meetings to voice their concern and outrage at the over-development in their suburban towns. What most don't realize is that these mandates come from laws made in Trenton, often mandated by the judiciary. The main reason for the coalition of Mayors (Local Leaders for Responsible Planning) is to fight these mandates and fight for what is in the best interest of their local municipality.
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The state recently ?released new affordable housing calculations? for each of New Jersey's 564 municipalities?. This sets the number of low- and moderate-income housing units that communities are recommended to provide by 2035. This does not include East Hanover's third round unmet need obligation.
For the Township of East Hanover the numbers are as follows:
Undeterred by the setback, the LLRP has filed an appeal seeking an emergency review while their broader lawsuit progresses. "Our coalition remains steadfast in challenging a law that imposes unfair affordable housing obligations upon New Jersey’s suburban municipalities – while exempting the urban ones," Ghassali said in a statement.
The coalition includes the towns of Allendale, Cedar Grove, Closter, Denville, East Hanover, Florham Park, Franklin Lakes, Hanover, Hillsdale, Holmdel, Manningham, Mendham, Millburn, Montvale, Montville, Norwood, Old Tappan, Oradell, Parsippany-Troy Hills, Totowa, Wall, West Amwell, Westwood, Wharton, Wyckoff, and Washington Township.
The Fair Share Housing Center, a nonprofit advocating for affordable housing, has criticized the lawsuit, calling it a “smokescreen” to avoid fulfilling legal obligations. "This lawsuit is nothing new — it’s supported by many of the same ultra-wealthy communities who have fought affordable housing for decades," the group said, predicting that the case will likely be dismissed.
State Attorney General Matt Platkin and the Fair Share Housing Center have filed motions to dismiss the LLRP’s lawsuit. A hearing is scheduled for January 31.
Some background on how the towns got to this point is as follows:
The state’s affordable housing law, signed by Governor Phil Murphy in March, aims to overhaul how municipalities calculate their affordable housing obligations. Under the New Jersey Fair Housing Act and the state Supreme Court’s Mount Laurel Doctrine, all towns are constitutionally required to provide their “fair share” of affordable housing to meet regional needs.
The state Department of Community Affairs released its first set of calculations in October, estimating that over 146,000 affordable housing units must be built or rehabilitated statewide over the next decade. This includes 65,410 existing residences requiring rehabilitation (an average of 116 per town) and 80,798 new units (approximately 143 per town).
These calculations, part of the fourth round of obligations running from 2025 to 2035, account for both “present need” (substandard housing) and “prospective need” (population growth). Towns have until January 31 to either accept these numbers or propose their own figures in compliance with state law.
While towns are not required to build the housing themselves, they must ensure compliance by incorporating affordable units into local real estate developments.