"The significant opinions of our Supreme Court have defined what the Constitution requires in providing affordable housing and emphasized the important role of the legislative and executive branches in fulfilling that obligation, Lougy wrote. The coalition of about three dozen towns argued that the 2024 law exceeded the requirements of the state Supreme Court's Mount Laurel doctrine, which established that municipalities must allow their fair share of low-income housing."
"It's outrageous that a handful of wealthy towns are spending hundreds of thousands of dollars in taxpayer money trying to block the affordable homes New Jerseyans desperately need, Josh Bauers of Fair Share Housing Center told NJ Spotlight News. Thankfully, Judge Lougy saw through their baseless claims and the overwhelming majority of municipalities are already moving forward to create the homes our families, seniors and people with disabilities urgently need."
"Previous efforts to block the law during litigation failed at the appellate and state Supreme Court levels. A federal lawsuit, however, is still pending. That case argues the law violates the U.S. Constitution's equal protection clause by exempting the state's most densely populated urban aid municipalities from future obligations though they must rehabilitate existing affordable units, NJ Spotlight News added."
Judge Lougy dismissed the cases with prejudice in an 81-page opinion, barring refiling. The opinion upheld that significant Supreme Court precedents define constitutional requirements for providing affordable housing and underscored the roles of the legislative and executive branches. A coalition of about three dozen towns argued the 2024 law exceeded Mount Laurel requirements; Lougy rejected those claims. Earlier state-level attempts to block the law failed on appeal and at the state Supreme Court. A federal lawsuit remains pending, alleging equal protection violations for exempting some urban aid municipalities from future obligations. About 81,000 housing obligations were set and 423 municipalities filed plans.
Read at www.housingwire.com
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