Dear Editor:
I apologize for the length. It would be beneficial to read it in its entirety!!
Information is readily available—you must put in the time and research. Pick up the phone and talk to knowledgeable people about this issue. Or attend every council meeting, which I don’t recommend. The mayor has been addressing this for a long time, and we’ve been asking the people fighting the mayor what the solution to these mandates is.
I just reviewed the affordable housing numbers for every municipality in New Jersey, and it’s a disaster. The mayor is working to negotiate and navigate through a situation that no one is happy with. At council meetings, I often hear him say that each proposal is handled on a case-by-case basis. And he always follows that up with: “We say no all the time.”
Additionally, the town has joined a collective lawsuit challenging the Round Four affordable housing mandates, further demonstrating its efforts to push back against these obligations.
Here are some FACTS I put together:
If a municipality in New Jersey fails to comply with its Mount Laurel Doctrine affordable housing obligations, several legal and financial consequences can follow:
1. Builder’s Remedy Lawsuits
• Developers can sue the town for failing to meet its affordable housing obligations.
• If successful, the court can override local zoning laws and allow large-scale, high-density housing projects that include affordable units.
• Towns lose control over where and how new housing is built.
2. Court-Imposed Mandates
• A judge can take control of a town’s zoning and force it to allow new affordable housing developments.
• Courts have historically ruled against towns trying to avoid their obligations.
3. Loss of Legal Protections
• Towns that work in good faith to comply with the Fair Housing Act receive immunity from lawsuits.
• If a town ignores its obligations, it loses this protection, making it vulnerable to legal action from developers and advocacy groups like the Fair Share Housing Center (FSHC).
4. Financial Penalties & State Intervention
• The state can withhold funding for certain projects, such as road improvements or municipal aid.
• The town may also be forced to pay legal fees and settlements in lawsuits.
Has This Happened Before?
Yes. Many towns have faced lawsuits and court-ordered housing mandates due to non-compliance. For example:
• Montvale & Englewood Cliffs resisted their obligations but were sued and forced to allow high-density developments.
• Princeton & West Windsor proactively settled their obligations to avoid losing control over local zoning.
Can Parsippany Avoid This?
Parsippany has historically complied with its obligations but is now challenging its Fourth Round numbers. If the challenge fails and the town refuses to comply, it could face lawsuits and builder’s remedy developments that allow large-scale projects beyond local zoning rules. And who do you think pays for that?
Lastly!!
If you want real solutions to New Jersey’s affordable housing mandates, direct your energy toward the people who have the power to change them—not the mayor, who is simply trying to navigate a system that every municipality is struggling with.
Who to Address for Real Change:
New Jersey Legislature – State lawmakers created the Fair Housing Act, which enforces these mandates. Contact your state senator and assembly representatives and push for legislative reform.
New Jersey Supreme Court – The court established the Mount Laurel Doctrine. While you can’t directly influence the court, legal challenges from municipalities could force a reconsideration.
Governor of New Jersey – The governor can sign or veto housing-related bills and influence how the mandates are enforced. Urge the governor to support policies that give towns more flexibility. GOOD LUCK WITH THIS!!
Instead of blaming local officials who are just trying to manage this mess, we need to push for real legislative change at the state level. Contact your representatives, support legal challenges, and demand a system that considers local needs instead of imposing one-size-fits-all mandates.
I’ll stand with the mayor—a leader who has experience navigating this mess. Because let me tell you, if the alternative thinks they can just say “no” and make it all go away, they’re in for a rude awakening. If you think things are bad now, just wait.
The mayor has created a roadmap for handling these mandates, and no matter what anyone says, any future mayor of this town will have no choice but to follow it. Just saying PILOTs are bad and Barberio is bad isn’t a solution to the current issues this town faces. All it is is campaign nonsense.
As a lifelong citizen of this town, I’ve seen it all. The changes, the challenges, the growth. And I can tell you firsthand that it’s about having the right information and the courage to discuss it openly. That’s how we make this town better for everyone together.
Michael Smith
