Are affordable housing mandates constitutional? Lawmakers respond to the affordability crisis nationwide

As many young Americans struggle to become homeowners, lawmakers nationwide are crafting legislation to ensure housing needs are met, sparking a debate on the constitutionality of affordable housing mandates. 

The state of New Jersey is embattled in a lawsuit over its affordable housing mandates as city leaders argue the mandate is putting a strain on municipalities due to a lack of available infrastructure to meet the demands. 

Fox News Digital chatted with Montvalle, NJ Mayor Michael Ghassali, who is leading the charge against the state, to get his take on the latest legislation. 

BOTH HARRIS AND TRUMP NEED AN ANSWER TO HOUSING CRISIS   

"Being the mayor of a small town, we have been building affordable housing for the last three rounds. In fact, about 10% of Montvale is affordable housing stock... What has happened is our infrastructure is affected," Ghassali told Fox News Digital. "We have low water pressure. So, we have fire hydrants with low water pressure on the west side of town. Now, we have to add a second water tower. We have to add additional police officers... We passed a $30 million referendum to increase the size of the middle school because we need more space. The traffic has been a lot worse than ever before. It's a small town, but it takes twenty minutes to go from one end to the other. So, it has affected our quality of life in town just by adding more people."   

The small-town mayor voiced his concerns over the law not taking into account affordable housing units in 62 urban aid municipalities and expressed a desire to work with the state in crafting a smart plan moving forward. 

"I would love for Trenton and for the legislators to just listen to us and trust us," Ghassali, told Fox News Digital. "We want to build, but our infrastructure doesn't hold it. So, we asked for some time to just assess what we have before we could do more. … We know our towns. We know our streets. We know what we can and what we can't do. We want to work with them. We don't want to fight this. We need affordable housing. I have two sons who will not be able to afford to live in the town they grew up in. So, I get it. We need affordable housing. Just listen to us."   

On the opposite side of the country, California Gov. Gavin Newsom also introduced legislation to help give Americans affordable housing opportunities. Fox News Digital reached out to the governor’s office, who provided more information.

"(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," the statement read, "(Along with investing) over $27 billion to address homelessness, with a focus on ending street encampments, (and) requiring first-ever regional homelessness plans for California for cities, counties, and CoC's." 

Newsom has also planned for 1 million affordable housing units by 2030, pioneered the Homekey and Project Roomkey to get 72,000 people off the streets, put aside funding to address housing encampments, created renter protections and adopted a new framework on providing care to those experiencing psychosis, to name a few of the many measures shared by his office. 

"No more excuses," Newsom said in a September press release. "California is taking action to fix the decades-long homelessness, housing, and mental health crises. These new laws — paired with the state’s unprecedented resources — will deliver more housing, get people off the streets, and provide life-changing support that will benefit all Californians." 

Fox News Digital reached out to legal experts to way in on the constitutionality of the affordable housing fight. 

The Wright Law Firm founder Jamie E. Wright said the debate delves into the "age-old struggle between state authority and local autonomy surrounding decision-making." 

"(In the New Jersey case), the state contends that ensuring low-income and middle-income families have access to housing is a vital interest according to the Mount Laurel doctrine," she explained. "On the other hand, municipalities are resisting this mandate, arguing that it infringes upon their jurisdiction and disrupts their control over zoning and resources. At its core, the legal issue revolves around whether the state's commitment to equity and anti-segregation goals trumps the independence of local governments. This discussion goes beyond housing; it's a fight over determining the future direction of New Jersey communities."    

Raul Gastesi, attorney and co-Founder of Gastesi Lopez & Mestre, based in Miami, offered a different perspective on the constitutionality of affordable housing mandates, using the debate over Florida’s Live Local Act as an example.   

"I believe that the mandates are constitutional so long as they are mandated by the state legislature and not the courts," Gastesi said. "The issue of affordable housing is increasingly becoming a creature of state law as opposed to local or municipal law. The state legislators all too often believe that the local governments are exacerbating the housing shortage with local ordinances and zoning restrictions, including land use rules that make it extremely costly and difficult to construct multifamily housing."    

Fox News Digital reached out to New Jersey Senate Majority Whip Troy Singleton (D-Delran), who sponsored the state bill, to get his take on the lawsuit, but he did not respond to multiple requests for comment.  

New Jersey Globe reported that Singleton said "affluent, suburban towns opposing affordable housing mandates is nothing new."  

"Same story, different day," Singleton said, according to the New Jersey Globe. "What is incredibly offensive, beyond using taxpayer dollars to fund this politically-driven, superfluous lawsuit, is the attempt to use the legal process to intentionally delay our affordable housing laws – not by weeks or months, but years."   

Fox News Digital also reached out to the New Jersey Department of Community Affairs, which declined to comment on the pending legislation.