WALL TOWNSHIP — Wall Township and over 20 other New Jersey municipalities have filed a complaint in federal court, claiming the exemptions that Urban Aid municipalities receive from recent affordable housing obligations are unconstitutional, according to a Wall Township Committee press release.
“The Wall Township Committee is steadfast in its commitment to protecting residents by continuing the fight against New Jersey Public Law 2024, Chapter 2 through a federal lawsuit alongside dozens of other New Jersey municipalities and elected officials,” the release states.
The lawsuit, filed on April 24 in the U.S. District Court for the District of New Jersey, “challenges the constitutionality of the ‘Urban Aid classification’ that imposes disproportionate affordable housing obligations on Wall Township and other suburban communities while exempting Urban Aid municipalities,” according to the release.
The filed lawsuit names Matthew J. Platkin, in his official capacity as state attorney general, and Michael J. Blee, in his official capacity as acting administrative director of the courts, as defendants.
According to the New Jersey Department of Community Affairs (DCA), the Urban Aid classification and calculation begins with the list of Urban Aid municipalities produced by the division of local government services every year. The designation calculation relies on a statutory formula that considers the municipal tax rate, equalized valuation, number of children participating in the Temporary Assistance for Needy Families (TANF) program, population and population density.
The Wall Township Committee press release states, “The Township Committee firmly believes this law unfairly burdens Wall Township with significant financial and zoning mandates, risking increased taxes, strained infrastructure, and changes to our community’s character against the wishes of our residents. The lawsuit argues that the Urban Aid Classification violates the equal protection clauses of both the U.S. and New Jersey Constitutions by arbitrarily exempting certain municipalities despite their equal capacity to contribute to affordable housing needs.”
Mayor Tim Clayton is quoted in the press release stating, “Wall Township is resolute in continuing this fight to protect our residents and preserve our community’s quality of life. We will not accept these mandates without challenging their fairness. Through this lawsuit, we are standing up for our residents and demanding reasonable treatment across New Jersey.”
The Wall Township Committee states that it is seeking a declaratory judgment to invalidate the law, an injunction to halt its enforcement and reasonable attorneys’ fees, as per the release.
“Wall Township remains dedicated to responsible governance and will keep residents informed on the progress of this critical legal action,” the release reads.
Jag Davies, Director of Communications for the Fair Share Housing Center — a nonprofit that advocates for fair affordable housing practices with education and legal action — spoke to The Coast Star about Urban Aid municipalities and their primary obligation to rehabilitate existing affordable units.
“It’s important to make clear that urban municipalities have significant responsibilities to advance affordable housing,” Davies said. “Under New Jersey law, there are two different types of affordable housing obligations. One is producing new homes, and the second is rehabilitating existing affordable homes. Urban municipalities have historically contributed far more substantially to affordable housing production. So their primary obligation today is rehabilitation, ensuring that tens of thousands of existing affordable homes remain safe and accessible.”
Davies said as of 2022, qualified Urban Aid municipalities accounted for 108,000 of the total affordable units in New Jersey’s DCA inventory, or 53% of total affordable housing in the state.
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