MS&B Secures Dismissal of Affordable Housing Challenge for Townshi
McManimon, Scotland & Baumann, LLC (MS&B) recently represented the Township of Chatham before the New Jersey Superior Court’s Affordable Housing Dispute Resolution Program in a matter addressing an important question under New Jersey’s affordable housing framework: whether a municipality with a fully compliant Housing Element and Fair Share Plan (HEFSP) is nonetheless obligated to settle with a challenger that refuses to withdraw its challenge.
That question arose after Fair Share Housing Center (FSHC) challenged Chatham’s HEFSP, despite the Township having adopted a plan that complied with the Fair Housing Act, applicable regulations, and governing case law. On behalf of the Township, MS&B argued that a municipality meeting its statutory obligations is not required to enter into a settlement or consent order solely because a challenge has been filed.
Following oral argument before the Honorable Stuart A. Toskos, J.S.C., in December, the Affordable Housing Dispute Resolution Program agreed. The Program found the Township of Chatham’s HEFSP to be conditionally compliant with the Fair Housing Act and the Mount Laurel doctrine and dismissed FSHC’s challenge.
As a result of the decision, the Township retains control over its affordable housing compliance process, subject to statutory requirements, rather than proceeding under a court‑imposed consent order.
MS&B congratulates the Township of Chatham on this successful outcome. The matter was handled by Jessica Almeida, with support from paralegal, Kathleen Riley, and legal assistant, Alexandra Cospito.