mobanmarketMILLBURN, NJ — Millburn’s battle against New Jersey’s latest round of affordable housing obligations will continue despite a “disappointing” court ruling earlier this week, township officials say.
On Friday, the township’s public information officer released a statement about a ruling handed down by the state appellate court on Oct. 1 with regard to the township’s affordable housing obligations.
In short, the decision was “extremely disappointing,” the town’s statement said (read it below).
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Tuesday’s court ruling involves a project at 9 Main Street, which has been a thorny issue in the township.
A year ago, the Millburn Township Committee approved a settlement with the Fair Share Housing Corporation, a nonprofit activist group, to ultimately meet its housing obligation by 2025, including some new development. But residents (and certain officials) objected to an all-affordable housing development proposed for 9-11 Main St., which would provide 75 units for families. Some said that the building should have a mix of incomes, while others said they had environmental concerns with the site.
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Millburn has since joined eight other New Jersey towns in an attempt to overturn the state’s new affordable housing law. The law gives the New Jersey Department of Community Affairs the authority to run the development of affordable housing in the state – and determine how many units every town and city must build over the next decade.
Other lawmakers – including the mayor of Millburn’s nearby Essex County neighbor, Newark – have supported the state’s new affordable housing regulations, saying that they’re necessary to make sure that every town is creating their “fair share” of housing for low and moderate-income residents. Read More: NJ Advocates Defend State’s Affordable Housing Rules Amid Lawsuit
However, according to Montvale Mayor Mike Ghassali, who is spearheading the effort for the “Local Leaders for Responsible Planning” coalition, it’s not fair for towns like those in the lawsuit to be forced to support the housing needs of other municipalities, which are often significantly bigger.
MILLBURN TOWNSHIP STATEMENT
Friday’s statement from the township follows below (see a list of current affordable housing in the township here):
“Millburn Township is extremely disappointed in the ruling handed down by the state appellate court on October 1, 2024, with regard to the township’s affordable housing obligations.
“Millburn is proudly committed to providing affordable housing under the Mount Laurel doctrine to ensure our community reflects the economic diversity of New Jersey and the region.
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“However, the ruling by the appeals court will only delay the availability of affordable housing in Milburn. It is also a blatant example of the courts enforcing an inflexible process supported by Fair Share Housing throughout the state of New Jersey.
“By continuing to insist that Millburn build a 75-unit development at 9 Main Street, Fair Share Housing is failing low- and moderate-income residents. It is showing complete disregard for its role and responsibility of ensuring affordable housing gets built by putting process over results. This is happening across many New Jersey municipalities and their involvement now reaches deep into Millburn Township.
“Millburn has proposed and is committed to a sensible alternative to 9 Main Street that will provide 75 affordable family rental units with an additional 49 units of workforce housing in a shorter time frame without the need to relocate the existing Public Works operation and disrupt services. The alternative sites on town-owned land are mixed income, rather than all low income, which reduces potential stigma against affordable unit residents.
“As a further commitment to affordable housing, Millburn made a decision to offer to donate these valuable properties through a redevelopment process to the eventual developer(s).
“The property at 9 Main Street is not suitable for the proposed development because it is contaminated with toxic substances requiring extensive cleanup to make the property safe for residential development to limit exposure of future residents to toxins as well as liability to the township.
“Furthermore, the relocation of the DPW site could cause catastrophic disruption of services, including emergency accessibility and response. The courts mandating this to occur after the devastating flooding brought by Hurricanes Irene, Ida, Floyd is unconscionable.
“Despite 40 years of efforts, the township has not been able to identify a suitable alternative site for the future home of the DPW, which will result in further delays of affordable housing development as site selection, financing, engineering, and construction for a new DPW will require years of effort to enact.
“Millburn continues to remain committed to providing affordable housing throughout the township. The town will continue to do what is in the best interest of its residents and fight the irresponsible manner in which these mandates are enforced.”
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