West Orange Faces 2 Builder's Remedy Lawsuits: Daughters Of Israel, Mayfair Farms

WEST ORANGE, NJ — Another “builder’s remedy” lawsuit was recently filed against West Orange in connection with the town’s ongoing push to add more affordable housing.

Daughters of Israel, a nonprofit, non-sectarian nursing home located at 1155 Pleasant Valley Way, filed a lawsuit against the township and its planning board on July 24. The legal action comes on the heels of a separate lawsuit involving the former Mayfair Farms site, which was filed on July 8.

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 latest affordable housing quota.

DAUGHTERS OF ISRAEL LAWSUIT

Daughters of Israel previously floated a plan to expand its campus on Pleasant Valley Way, which included the construction of a building with up to five stories, including 84 skilled nursing beds, 64 assisted living beds and 163 independent living units.

A local environmental advocacy group criticized several parts of the proposal, alleging that there would be “massive tree destruction,” increased traffic and “high-rise construction out of sync with residential neighborhood character.”

The West Orange Zoning Board eventually voted 4-3 in favor of the plan in 2023 after holding 11 public hearings, but since it required a super-majority for approval, the application was denied.

A Daughters of Israel spokesperson told Patch at the time that the nonprofit was “exploring all of its options as it considers its next steps.”

• See Related: West Orange Nursing Home Expansion Plans Denied By Zoning Board

Daughters of Israel returned with a new pitch last spring that was discussed at the town council meeting on May 6. The nonprofit proposed an alternative if West Orange refused its request for rezoning, which entailed a 432-unit “inclusionary community” with an affordable housing aside of 20 percent – for a total of 86 affordable units.

Watch footage here, or view it below (video is cued to the presentation).

Last month, Daughters of Israel filed an exclusionary zoning/builder’s remedy action against the township, alleging that West Orange has “failed to create sufficient realistic opportunities for the construction of safe, decent housing that is affordable to low and moderate-income households.”

In their lawsuit, Daughters of Israel said the township is “not immune” to its lawsuit – a result of its failure to submit its mandatory Fair Share Housing Plan to the state ahead of the June 30 deadline. The plan is supposed to outline how West Orange intends to comply with New Jersey’s latest affordable housing quota.

Township officials declined to comment on the suit from Daughters of Israel.

Read the full lawsuit here.

MAYFAIR FARMS LAWSUIT

A separate builder’s remedy lawsuit was filed against the township involving the former Mayfair Farms property on July 8.

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.

View the lawsuit online here.

The legal liability resulting from the lack of an affordable housing plan has sparked a shoving match between the mayor and the township council, with each blaming the other for the issue.

>> Read More: Lawsuit Over Affordable Housing In West Orange Sparks Political Shoving Match

West Orange Mayor Susan McCartney spoke about the potential legal liability that came with the town’s failure to submit an affordable housing plan in July.

“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 said, alleging that the situation was due to “inaction” and “dysfunction” on the part of the town council.

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

“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,” they argued in a joint statement.

Read the full statements from McCartney and the town council at the following links:

• Mayor’s statement
• Town Council’s statement

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