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Judge strips NJ town of power to stop affordable housing

Wealthy Millburn Township’s 38 units well short of 1,300 goal

Judge Strips NJ Town’s Control of Affordable Housing Project

A photo illustration of Millburn Township Deputy Mayor Frank Saccomandi along with a rendering of the planned project at 9 Main Street in Millburn (Getty, RPM Development Group, The Oyin and Frank Campaign)

Millburn Township is supposed to have 1,300 affordable housing units. It has 38.

So when town officials blocked a 75-unit affordable housing complex, a judge had had enough.

Essex County Superior Court Judge Cynthia Santomauro appointed a special master to determine where and how the affordable housing will be built, Gothamist reported. The special master will make the determination by June 1; the previous planned project is an option.

The decision came after the New Jersey town ignored court orders to move ahead on the 75-unit residence at 9 Main Street in its downtown. The town pulled out of the project altogether in February, leading to the threat of sanctions against the locality and its leaders.

Three years ago, town officials approved the project, by RPM Development Group, after reaching a settlement with the nonprofit Fair Share Housing Center. The affordable complex would have units for multiple income levels near the town’s NJ Transit station.

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Community backlash led to the ouster of Millburn officials who approved the plan and their replacement by critics of it. The opponents claimed they have nothing against poor people but said 75 units clustered together would wreck their downtown. Millburn has more than 20,000 residents.

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Officials initially asked for 90 days to find alternative sites for the 75 units, but withdrew that request after quickly identifying potential locations. But the judge didn’t buy it. RPM, for its part, argued that alternative sites needed to be presented two years ago.

The judge also stripped the town’s immunity from builder’s remedy, meaning developers will have a path to bypass local regulations and zoning because the town is out of compliance with affordable housing requirements. The judge did deny Fair Share Housing’s request that she fine town officials personally.

New Jersey Gov. Phil Murphy recently signed a bill to overhaul how affordable housing mandates are determined throughout the state.

— Holden Walter-Warner

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Affordable HousingNew JerseyReal Estate Lawsuits