HANOVER — At the regular open public meeting of the Hanover Township Committee on Thursday, September 12, the governing body unanimously passed a resolution authorizing the Township to join a coalition of municipalities in filing litigation at both the state and federal court levels, challenging the constitutionality of the Fair Housing Act of 2024 against the State of New Jersey.
Spearheaded by Montvale Township in Bergen County, the litigation seeks to address an inequity whereby sixty-two (62) municipalities in the State categorized as Urban Aid communities are not required to construct affordable housing. It is patently unfair that the obligations of these 62 towns should be shifted to the rest of New Jersey’s communities.
During the meeting, Mayor Thomas “Ace” Gallagher, on behalf of the entire Township Committee, echoed his sentiments and those of his colleagues in making the following statement:
“The Township of Hanover steadfastly supports affordable housing opportunities in the Township. The Township has, however, been dramatically impacted by the 3rd round of affordable housing rules and was able to be compliant. The recent legislation was adopted without any information, studies, or cross-acceptance of municipalities. We wanted an opportunity to make sure all our voices were heard—it was not. So, some issues and questions were never answered by our legislators,” said Gallagher.
Hanover is responsible for satisfying its portion of a regional obligation that is divided among municipalities. We are concerned that, under the new law, various municipalities, including large cities, are exempt from contributing to that regional obligation, increasing the total for those towns—such as Hanover—that are not exempt.
While the Township supports affordable housing, we do not support high-density development and the five additional market residential units that inevitably accompany each affordable unit.
The purpose of joining the recent litigation is to ensure that every municipality throughout the State of New Jersey contributes its fair share to the regional obligation, just as Hanover has and will continue to do. This litigation represents a narrow issue from the Township’s perspective. It is about making sure everyone contributes fairly and proportionately.
Over the past three years, the Township has preserved 187 affordable housing units that have already been built, funded a program for rehabilitation of units in need of repair, and created additional affordable housing opportunities for the construction of low- and moderate-income households, amongst other actions. The Township’s actions have provided for affordable housing opportunities while, at the same time, avoiding additional market units for residential development.
We also have commitments for the construction of 60 more age-restricted senior affordable housing units, which do not include more market units in such a plan.
It is critical that our voice as a Township is heard, just as we must maintain compliance and work in good faith with the Fair Share Housing Center to provide realistic affordable housing opportunities. However, we do not want the new rules and regulations to place disproportionate responsibility on the Township of Hanover.
This case is not about putting one town or group against another. It is about fairness and inclusion of all municipalities.
Therefore, we support this litigation to ensure we avoid an unfair impact on our infrastructure, population, and schools.”
Thomas “Ace” Gallagher, Mayor and
Members of the Township Committee
The lawsuit is docketed as Borough of Montvale v. State of New Jersey, Superior Court of New Jersey, MER-L-1778-24. The Coalition is represented by Michael L. Collins, Esq. of King, Moench & Collins LLP.
“Local Leaders for Responsible Planning” is led by Montvale (Bergen) and includes the following municipalities that have joined as Plaintiffs to the litigation: Township of Denville, Borough of Florham Park, Borough of Hillsdale, Township of Mannington, Township of Millburn, Township of Montville, Borough of Old Tappan, and Borough of Totowa.
