Leks_Laputin / iStock

A recent article in The Star-Ledger reported that a Bergen County assemblywoman was “… leading the charge against the current affordable housing obligation process” and was asking the Legislature to pass a moratorium on any new housing decisions in order to restore to the Legislature the power to control the development of affordable housing. The article correctly noted that the Supreme Court had ruled years ago (in the Mount Laurel cases) that since the Legislature had failed to address the housing crisis, the judicial system was required to assume responsibility for determining how the several municipalities of New Jersey would provide for low- and moderate-income housing. The court designated three judges, one for the southern portion of the state, another for the central portion, and one for the northern portion, their responsibility being to approve any proposed settlements of litigation involving low- and moderate-income housing. This was done by the Supreme Court with a degree of reluctance, because, as pointed out in the Mount Laurel opinions, it only became involved because the Legislature had failed to carry out its constitutional obligations.

As the years evolved, the Council on Affordable Housing, which had been given the responsibility of determining the fair share obligation of each municipality, failed to carry out its mandate and eventually was terminated. Since that time, a number of suburban municipalities have resolved their obligations in court through the Fair Share Housing Center, described as a “public interest organization.” Apparently, those in the Legislature who support the idea of a moratorium are of the view that such would be the appropriate way to deal with the issue and come up with a workable formula for carrying out the Mount Laurel requirements.

We are in favor of seeing the Legislature become proactive in this area. However, we also believe that nothing would be more counterproductive than a moratorium on efforts to meet the Mount Laurel obligation, even assuming a moratorium could pass constitutional muster. The Legislature should move with vigor in this critically important endeavor, but they should do so forthwith and without causing any delay. The housing crisis in New Jersey is a reality and needs to be addressed now.