Senator Christopher 'Kip' Bateman

August 25, 2009   

Contact: Senate Republican Office / (609) 292-5199
Senator Christopher Bateman

Our Communities, Our Schools, Our Taxes – Not Trenton’s and Not the Court’s

Senator Kip Bateman said he will pursue every possible legislative action to make irrelevant the absurd and outrageous appeals court ruling that towns can be forced to accept construction of affordable housing even when they have met the housing quotas imposed by law and regulation.

He urged Governor Corzine to speak up today in opposition to the ruling, which will cripple efforts to control property taxes, prevent school overcrowding and preserve vanishing open space in communities all across our state. He also urged Corzine to consider asking the attorney general to join in any appeal.

“Corzine’s commissioner of community affairs, Joe Doria, said repeatedly that towns that met housing rules would be protected from builder’s remedy lawsuits,” Bateman said. “The court has now ruled that the expensive and time-consuming process of meeting these requirements provides towns with no protection at all from sprawl, congestion and rising property taxes.”

“This ruling could prompt developers to file more lawsuits challenging local zoning laws,” Bateman said. “Now they can again argue that construction of market-rate housing is necessary to finance their plans for more ‘affordable’ housing.”

Communities need housing for workers and families, but they also need good schools, open space and taxes their residents can afford to pay, the senator said. This ruling upsets the delicate balance that communities are struggling to achieve among equally important needs. The senator said he will explore a bipartisan effort to amend municipal land-use laws to ensure that affordable housing can not be defined as an “inherently beneficial use.”

Our Communities, Our Schools, Our Taxes – Not Trenton’s and Not the Court’s Senator Kip Bateman said he will pursue every possible legislative action to make irrelevant the absurd and outrageous appeals court ruling that towns can be forced to accept construction of affordable housing [...]