Lawsuit Over Affordable Housing In West Orange Sparks Political Shoving Match Between Council, Mayor

WEST ORANGE, NJ — A political shoving match has ignited over affordable housing in West Orange, with the mayor and town council each blaming the other for a “builder’s remedy” lawsuit involving the former Mayfair Farms site.

Earlier this week, Mayor Susan McCartney announced that the town missed the June 30 deadline to submit its mandatory Fair Share Housing Plan to the state. The plan is supposed to outline how West Orange intends to comply with New Jersey’s latest affordable housing quota.

“As a result, West Orange is now exposed to a builder’s remedy [lawsuit] and will be forced to negotiate on land use applications without the full protections that come with a certified plan,” McCartney reported, alleging that the situation was due to “inaction” and “dysfunction” on the part of the town council.

Builder’s remedy lawsuits allow real estate developers to seek court approval to bypass local zoning laws and build higher-density residential projects – as long as they provide a certain number of affordable housing units.

West Orange is on the hook for 409 “present need” units and 660 “prospective need” units over the next 10 years, according to the state’s formula.

On Thursday, the four current town council members – Joe Krakoviak, Joyce Rudin, Michelle Casalino, and Susan Scarpa – rebuked McCartney’s claim that the situation is the council’s fault.

“Mayor Susan McCartney’s attempt this week to shift blame onto the township council for West Orange’s affordable housing crisis is a distorted spin of the facts,” they wrote in a joint statement. “The truth is that it is the mayor – not the council – who missed the deadline for submitting an affordable housing plan to the state of New Jersey.”

“Instead of taking responsibility, the mayor points fingers while the town risks losing its remaining open space, suburban character, and quality of life to unchecked development,” their statement continues. “She failed to act quickly, decisively and in collaboration with the council to get the affordable housing plan to the state.”

• See Related: West Orange Says ‘OK’ To Latest NJ Affordable Housing Quota

MAYFAIR FARMS

The council members said they were informed about a court case involving the Mayfair Farms site on Wednesday – more than a week after it was filed on July 8.

View the lawsuit below, or read it online here.

According to the lawsuit, there is a plan to build 421 new housing units on its property, the site of the former Mayfair Farms wedding and banquet hall. See Related: Mayfair Farms Closes After 80 Years Of Business In West Orange

The proposed project would include 82 affordable units, plus a 41-unit bonus for the redevelopment of the property for a total of 123 affordable unit credits. This would meet more than 15 percent of the town’s Fourth Round “prospective need” obligation of 660 units, the lawsuit states.

Article continues below

WHAT COMES NEXT?

According to the council’s joint statement, under West Orange’s form of government, only the mayor has the authority to propose contracts to hire professionals, including planners.

“The council’s role is limited to reviewing and voting on the mayor’s proposals – it cannot initiate them,” the statement read.

“The responsibility for developing the township’s affordable housing plan rests squarely with the mayor,” the statement continues. “The council merely reviews and votes on the plan once it is submitted.”

“Despite repeated requests from every council member, the mayor also refused to seek a court extension on our affordable housing plan deadline – our best and most reasonable option to avoid suits from developers,” the council members added.

McCartney said that her administration has scheduled an executive session presentation on an affordable housing plan prepared by Heyer Gruel & Associates for the town council meeting on July 22.

IN THEIR OWN WORDS

Read the full statements from McCartney and the town council below (or at the following links):

• Mayor’s statement
• Town Council’s statement