Is it constitutional to mandate affordable housing? Lawmakers address the national housing crisis.

Lawmakers are debating the constitutionality of affordable housing mandates as they craft legislation to meet housing needs for young Americans struggling to become homeowners.

New Jersey is facing a lawsuit over its affordable housing mandates, with city leaders contending that the mandate is putting a strain on municipalities due to insufficient infrastructure to meet the demands.

Montvalle, NJ Mayor Michael Ghassali, who is spearheading opposition to the state's latest legislation, shared his thoughts with Planet Chronicle Digital.

"As the mayor of a small town, we have been constructing affordable housing for the past three years. In fact, approximately 10% of Montvale is made up of affordable housing stock. However, our infrastructure has been affected due to low water pressure on the west side of town. As a result, we have had to add a second water tower and increase the number of police officers. Additionally, we passed a $30 million referendum to expand the middle school because we needed more space. The traffic in our town has become significantly worse, taking twenty minutes to travel from one end to the other. This has negatively impacted our quality of life in town by adding more people."

The mayor of a small town raised concerns about the law not considering affordable housing units in 62 urban aid municipalities and expressed a desire to collaborate with the state in developing a smart plan for the future.

"Ghassali told Planet Chronicle Digital that she wanted Trenton and the legislators to listen to her and trust her. She wanted to build, but their infrastructure didn't hold it. So, she asked for some time to assess what they had before they could do more. She knew their towns, streets, and what they could and couldn't do. She wanted to work with them, not fight them. She needed affordable housing, as her two sons wouldn't be able to afford to live in the town they grew up in. So, she emphasized the need for affordable housing."

In addition to California Gov. Gavin Newsom, legislation was introduced in another part of the country to provide affordable housing opportunities for Americans. Planet Chronicle Digital obtained further details from the governor's office.

"The governor invested over $40 billion to boost affordable housing across the state, including through expanded state tax credits, infrastructure grants, and funding for climate-friendly housing. Additionally, the governor invested over $27 billion to address homelessness, with a focus on ending street encampments, and required first-ever regional homelessness plans for California for cities, counties, and CoC's."

His office has implemented several measures, including plans for 1 million affordable housing units, the creation of Homekey and Project Roomkey to house 72,000 people, funding for addressing housing encampments, renter protections, and a new framework for providing care to those experiencing psychosis.

"California is taking decisive action to address the decades-long homelessness, housing, and mental health crises," Newsom stated in a September press release. "The new laws, combined with the state's unparalleled resources, will result in more housing, get individuals off the streets, and offer life-changing support that will benefit all Californians."

Legal experts were consulted by Planet Chronicle Digital regarding the constitutionality of the affordable housing dispute.

The founder of The Wright Law Firm, Jamie E. Wright, stated that the debate centers on the longstanding conflict between state control and local independence in the realm of decision-making.

"The state of New Jersey argues that providing access to housing for low-income and middle-income families is a crucial interest under the Mount Laurel doctrine. However, municipalities are opposing this requirement, asserting that it encroaches on their authority and disrupts their control over zoning and resources. The central legal question revolves around whether the state's dedication to equality and desegregation objectives outweighs the autonomy of local governments. This debate extends beyond housing and pertains to the determination of the future trajectory of New Jersey communities."

Raul Gastesi, an attorney and co-founder of Gastesi Lopez & Mestre in Miami, discussed the constitutionality of affordable housing mandates using Florida's Live Local Act as an example.

"Gastesi stated that the mandates are constitutional if they are enacted by the state legislature rather than the courts. He argued that the issue of affordable housing is increasingly being governed by state law instead of local or municipal law. Gastesi pointed out that state legislators often believe that local governments are contributing to the housing shortage through local ordinances, zoning restrictions, and land use rules that make it expensive and challenging to construct multifamily housing."

Troy Singleton (D-Delran), the New Jersey Senate Majority Whip who sponsored the state bill, did not respond to multiple requests for comment from Planet Chronicle Digital regarding the lawsuit.

Singleton stated that opposition to affordable housing mandates in affluent, suburban towns is a common occurrence, according to a report by the New Jersey Globe.

""Affordable housing laws are being intentionally delayed by years through the use of legal process, which is beyond offensive and a waste of taxpayer dollars, according to Singleton, as reported by the New Jersey Globe," said Singleton."

The New Jersey Department of Community Affairs declined to comment on pending legislation when contacted by Planet Chronicle Digital.