Wayne Council Objects To NJ's New Affordable Housing Law

WAYNE, NJ — Township officials voted to oppose Gov. Phil Murphy’s new affordable housing legislation last week, saying it would burden towns like Wayne and the taxpayers who live there.

The measure asking Murphy to veto and re-write the legislation is largely symbolic, given that the council passed it after the law had already been signed. Council President Jason DeStefano and Councilman Michael Fattal both said that state legislators did not look for feedback from towns and municipalities, and that they wanted to mark their opposition to the law.

Murphy signed the landmark bill, which slated to change the way the number of mandatory affordable units are decided for municipalities, on Wednesday morning.

Wayne Township's resolution said that the law failed to account for "legitimate public concerns" that current and future projects will impact traffic, the environment, and schools. The township also said the new law could lead to more lawsuits being brought against the town

Councilwoman Francine Ritter, who represents the 5th Ward, asked her fellow council members why they had not addressed the issue as a governing body before, and questioned if they were just posturing.

“This thing was signed into law at 11 o’clock this morning,” said Ritter, the only Democrat on the nine-member board. “Now you want us to vote on a resolution.”

Ritter asked if other councilmembers had consulted with Wayne’s legislative representatives, Republicans Sen. Kristin Corrado and Assemblymembers Al Barlas and Christopher DePhillips.

DeStefano countered by saying the legislation was “forced down their throats” just like it was for Wayne and its residents.

“Yes, it is symbolic,” he said. “But a lot of the things we do when we show support or oppose something down at the Statehouse, that’s all it is. It’s not going to make a change down at the Statehouse.”

The measure passed 7-0, with Ritter abstaining.

Touted as a significant reform for one of the most expensive states in the nation, the new legislation aims to move the responsibility of municipal affordable housing quotas for low- and moderate-income families from court settlements to the Department of Community Affairs, which will rely on a formula for mandatory affordable units lifted from a 2018 state Supreme Court decision (known as the Mount Laurel doctrine).

The bill also abolishes the Council on Affordable Housing, known as COAH, and sets the fourth round of the affordable housing cycle for July 1, 2025.