Home Government Brick Files Suit to Block Forced Affordable Housing Construction

Brick Files Suit to Block Forced Affordable Housing Construction

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The Ocean County Justice Complex, Toms River, N.J. (Photo: Daniel Nee)
The Ocean County Justice Complex, Toms River, N.J. (Photo: Daniel Nee)

Brick Township has filed an affirmative suit in Superior Court in Ocean County as part of an effort to block attempts by builders to force the township to allow the construction of income-restricted housing developments in town.

Mayor John Ducey said two real estate development firms recently sent letters to the township challenging assertions that the township is compliant with state affordable housing policies and threatening to seek a declaratory judgment indicating non-compliance.

“We don’t have that position at all,” said Ducey. “We believe we have met [the requirements], if not exceeded them, by far.”

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Builders – seeking lucrative development opportunities that receive federal subsidies and tax abatements – often challenge municipalities’ compliance with New Jersey’s judicial rulings on affordable housing. The so-called Mount Laurel doctrine compels New Jersey towns to use their zoning power to provide housing for families whose income is considered low and moderate on a county-by-county chart.

The affirmative suit enjoins Brick with several other municipalities. The towns are asking a judge to declare that they are in compliance, thus nullifying the attempts by builders to bring legal action that could ultimately force the towns to approve income-restricted housing developments.

Last week, the Brick Township Council approved a resolution appropriating $2,000 which represents Brick’s share in hiring an expert witness from Rutgers University to testify in support of the idea that Brick is compliant with its affordable housing obligation. The witness, Robert W. Burchell, will prepare and defend a fair share analysis to prove compliance, officials said.

“We don’t need more affordable housing, and we don’t want it because we have enough,” Ducey said. “We’ve already exceeded it, and we’re definitely going to fight this.”

Brick operates a housing authority and is home to numerous housing offerings for elderly and disabled residents. Recently, however, some municipal officials in Ocean County have complained that the state is insisting that some towns are relying too heavily on senior citizen housing to meet their affordable housing requirements. Last week, Lacey Township approved a deal with Walters Group to build a 70 unit affordable housing rental complex with no age restrictions near its municipal building. The complex could eventually be expanded to 100 units.

“We’ve been pretty much told to build it while we have available land, or the government will come in and tell us to take our parks down and build it in our parks,” Lacey Mayor Gary Quinn said.

In Brick, there have been a significant number of units constricted for people with intellectual and similar disabilities which have kept the township in compliance for many years. Additionally, affordable units have been built alongside single-family homes that are purchased at a lower-than-market price by families who qualify due to their income. Ducey said the township has numbers to back up its assertion that it is compliance.


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  • Frank Rizzo

    How could you liberals like JW think we have no affordable housing here in Brick and that we live in some exclusive town. You liberals are just stealing our tax money and doing what with it for the last thirty years of their affordable housing scheme. I say..do not pay them a dime and let them sue Brick for the money. Revoulouton is in the air on the liberals part,math at is what all this exciting powers are about, why not do it on the other side. Thank you JW, you liberal racist, tax money from the property owners is not spent here on projects, it is spent on free and affordable housing either here or statewide.

    • realcheeseyo

      “Builders – seeking lucrative development opportunities that receive federal subsidies and tax abatements” – sounds like text book Republican behavior to me. Not to many liberals start building companies.

      • JW

        Don’t tell him the truth- that just makes him angry. These people aren’t interested in facts, they just want to hate the other team.

    • Justin David

      The Mayor of Brick is a Democrat and he is the one fighting against the expansion of affordable housing in the township. You sound ridiculous.

      • Frank Rizzo

        So you mean to tell me that NO Democrat on a state and Federal level is to blame for this….How out of touch with the political system of the state are you.

      • JW

        ANGRY WHITE MAN!!! AGERRRRRRRRRR!!!

      • Alex

        It’s not about race!

      • Frank Rizzo

        It is when you are a racists like JW

      • JW

        Says the man who blames blacks and hispanics for everything. Go burn a cross Frank, weather is getting good for it now at least.

      • Jon Koehler

        JW you forgot the Lakewood Jews.

      • Frank Rizzo

        People will use this welfare system against you and to destroy you. Can you tell me why Ocean County Welfare Office is located in Lakewood 100 yards from the Howell Twp Line in Monmouth County Why not a central location for all residents of the county.

      • JW

        I’ll believe that unless it relates to Frank- the man never ends with the white victimhood gimmick. If a black guy cuts him off on Brick Blvd, he starts ranting about how the negroes are trying to kill white folks and how lynch mobs are next.

    • JW

      What do I have to do with this? These builders are welfare capitalist bottom feeders that rightist Rethuglican clowns like you fawn over for ‘creating jobs’ and ‘trickling down’ wealth. And what the hell are you droning on about you doddering old illierate fool? None of that even made any sense unless you were trying to prove that you failed grade school English. It’s called spell check.

      • Frank Rizzo

        Democrats started this…Democrats have done nothing to END this…why do you leave them out of your lie and propaganda Comrade JW

      • JW

        Frank- do you know who was governor when the Fair Housing Act 1985 was passed into law in this state? Tom Kean Sr. And the Republicans controlled both houses of the legislature, including the assembly- a true rarity in this state. If I’m a propagandist, what does that make you? A schizophrenic. Keep making crap up though.

  • Dead_Andy_Breitbart

    Liberals want to force their slums on nice towns. Want a nice house in a nice town? Go back to school, get a job, work hard and earn it.

  • Christina r

    They keep building the affordable housing but yet the state takes forever if ever to get the applications and “nothing is available”

    • Frank Rizzo

      Because they are stealing the money

  • Frank Rizzo

    Why bother improving Keansburg…just move to Basking Ridge on an affordable housing plan unit.

  • Frank Rizzo

    The history of this act can be found here which began in 1975 by The NAACP. https://en.m.wikipedia.org/wiki/Mount_Laurel_Doctrine

  • Frank Rizzo

    The history of the act is here. It began with a court case by the NJ NAACP. https://en.m.wikipedia.org/wiki/Mount_Laurel_Doctrine

    • JW

      Nothing to do with the legislative kickback scheme that the REPUBLICANS invented in the mid 80s. Those evil conservative REPUBLICANS and their WELFARE CAPITALISM. The GOP LEGISLATURE OF 1985 created this situation. YOU REPUBLICANS LOVE WELFARE WHEN YOU ARE RECEIVING IT.

  • Frank Rizzo

    You’re tolerance will be you’re undoing…the system will be used against you…just ask all the refugees in Europe on their way here to build mosques in your neighborhoods and demand prayers in School, and foot baths in malls but scream about the manger on town hall property.

    • JW

      The only people I remember demanding prayer in schools were Christian Republican assclown hypocrites who were busy screwing male hookers as they were extolling their Christian Values.

      • Frank Rizzo

        JW…once you go to profanity you have told us all you are drowning and loosing the argument. I wish you a good night my African American friend and hope your utopia works out better than it did in soviet Russia and highly doubt there are coexist bumper stickers on the back of the Isis vehicles waiting to invade Eastern Europe.

      • JW

        Do you hear yourself talk or are you really so inbred and braindead that you don’t realize it.

    • JW

      You really are fucking stupid Frank. I hope you didn’t piss in the gene pool. I do believe that whatever you are suffering is hereditary.