Housing Crisis in Middletown
For too many years, Middletown’s leadership has treated New Jersey’s housing requirements as an inconvenience, rather than their decades-old duty pursuant to the New Jersey Constitution. This has proven to be a short-sighted strategy that is now coming back to bite us. Years of reckless planning and repeated court losses have increasingly stripped the Township of control over key zoning decisions in affordable housing matters, placing that power squarely in the hands of the courts.
New Jersey’s affordable housing obligation stems from the New Jersey Supreme Court’s “Mount Laurel” decisions. In 1975, the Court ruled that municipalities could not use zoning to exclude low- and moderate-income families. In 1983, the Court reaffirmed and expanded this principle by requiring all towns to provide a realistic opportunity for affordable housing. Then, in 1985, the New Jersey Legislature passed the Fair Housing Act, signed into law by Republican Governor Thomas Kean. That Act created the Council on Affordable Housing (COAH) to oversee municipal compliance with these constitutional requirements. In other words, the requirements our town leadership is defying are rooted in bipartisan legislation and are grounded in the State Constitution. Municipalities have been under this obligation for nearly half a century, regardless of which party held the Governor’s office.
Instead of planning proactively and transparently, though, our leadership has spent years in court fighting, and losing. Each lawsuit is a waste of taxpayer dollars, delays compliance, and, as is clear from the latest appellate loss, further undermines Middletown’s standing to argue against development. In that latest defeat, an appellate court sided with a developer who wants to build over 900 units on the former Circus Liquors property, right in the heart of Route 35. Following established legal precedent, the Court reaffirmed that, because Middletown has failed to meet its constitutional housing obligation, it cannot use its powers to block projects that could help meet that obligation.
This isn’t about whether this development plan is ideal. Reasonable people can disagree about traffic, density, or site suitability; we do not believe the Township needs more car-centric townhomes along Route 35. However, none of that matters if the Township is flagrantly violating the law and losing control over development. Legal precedent is clear and has been for years – when a town refuses to create realistic opportunities for affordable housing, the courts step in. The courts do not care if the town’s preference is commercial development or open space. They are only concerned with constitutional compliance. On this matter, our failing leadership squandered any leverage they may have had.
Yes, the Township could ultimately prevail in their current case, but at what cost? The truth is, we wouldn’t be in this situation if Middletown had followed the law and made long-term plans like other towns. Instead, our leaders have spent years fighting losing battles and wasting taxpayer dollars on lawsuits, while towns like Holmdel, Colts Neck, and Wall entered into proactive settlement agreements to meet fair housing requirements, thereby limiting legal challenges from developers.
Middletown needs leadership that complies with established legal precedent and focuses its energy – and our money – on making much needed improvements to our schools, roads, and parks. Housing in Middletown needs to be attainable for young families starting out. They are the ones who will be involved in our schools for years to come, shopping in our stores, and enjoying our town.
If you have just read this and thought, “This is the first I am hearing about this issue,” you have identified the problem. This case has been in the courts for two years, while Middletown has been litigating affordable housing issues for over a decade. Middletown deserves transparency.
You deserve better.
Jeremy Seideman and Shawn Wallach are candidates for Middletown Township Committee