This evening I participated in a virtual Candidate Forum against Middletown's sitting mayor, Tony Perry, that was sponsored by the League of Women Voters. I did an extremely amount of prep for the event that I'm happy to say paid off because most of what Tony Perry had to say I was ready for. One of the topics of the forum that came up concerned the issue of Affordably Housing in Middletown and how that affects residents.
Tony Perry and the Middletown Republicans have long been opposed to providing affordable housing options in Middletown, often exaggerating the amount of mandated housing that is needed and crying about "unfunded" Trenton mandates. Perry pretty much reiterated that opposition this evening.
Below is a research paper, with the facts, that I put together to prepare myself to tonight's forum. I think you'll find it informative and I hope it answers questions that residents may have as opposed to taking Perry's over exaggerated, misrepresentative and often inflammatory objections.
I'll be sharing a couple more research papers that I prepared tomorrow a long with a link to where you can watch a recording of tonight's LWV Middletown Committee Candidate Forum.
Enjoy!
Middletown, NJ’s Opposition to Affordable Housing
Middletown, NJ has long opposed state mandates to build affordable housing, a sentiment that has been amplified by local leadership, especially Mayor Tony Perry. In recent years, Perry has made exaggerated claims to fuel public opposition, most notably asserting that Governor Murphy’s mandate for 1,500 affordable units will lead to 6,000 new homes and apartments in Middletown. Perry claims that for every affordable housing unit built, developers are allowed to construct four market-rate units, causing alarm among residents about potential overdevelopment. However, a closer look reveals that Perry’s statements are both exaggerated and misleading.
History of Affordable Housing in New Jersey
New Jersey’s affordable housing debate dates back to the *Mount Laurel* decisions in the 1970s and 1980s, where the state’s Supreme Court ruled that municipalities must provide their “fair share” of affordable housing. These landmark cases sought to prevent exclusionary zoning practices, which allowed wealthier towns to use zoning laws to avoid building affordable housing.
To enforce the court rulings, New Jersey established the Council on Affordable Housing (COAH) in 1985. COAH was tasked with setting quotas for affordable housing and ensuring that municipalities complied with the court’s decisions. From the start, COAH faced pushback from suburban towns resistant to state mandates, particularly from wealthier communities concerned about changing their local character and increasing density.
Republican leadership in the state, particularly during Governor Chris Christie’s administration, was often at odds with these mandates. Christie went as far as refusing to appoint new commissioners to COAH, leaving the agency defunct and throwing affordable housing planning into disarray. When Governor Phil Murphy took office in 2018, he dissolved COAH entirely, recognizing that it had been rendered ineffective. Murphy sought to re-energize the state’s commitment to affordable housing, but he encountered fierce resistance from municipalities like Middletown.
Middletown’s Recent Opposition and Tony Perry’s Claims
Middletown has consistently pushed back against affordable housing requirements, with Mayor Tony Perry leading the charge. His claim that the town will need to build 1,500 affordable units has been used to stoke fears of overdevelopment. However, it is unclear where Perry came up with this number. The claim appears to misrepresent the long-term housing projections for Middletown.
A 2016 consultant report, which is not official but provides a planning framework, offers a more nuanced picture. On page 96 of the report, it estimates that Middletown would need to build 1,461 affordable units between 1999 and 2025—a multi-decade projection, not an immediate requirement. Perry’s suggestion that the town faces an imminent mandate to build 1,500 affordable units is an exaggeration. This number spans decades, meaning it is a long-term goal, not a sudden demand that would overwhelm the community.
Additionally, Perry’s assertion that developers are automatically allowed to build four market-rate units for every affordable one is misleading. In reality, the affordable housing process in New Jersey is much more complex. The state operates on a credit system, which provides flexibility for municipalities. For example, towns receive extra credits for senior housing, assisted living, and rental units, which can reduce the overall number of market-rate units required in an affordable housing development. The notion that each affordable unit automatically translates to four additional market-rate units oversimplifies the process and inflates the numbers, fueling unnecessary fears among residents.
Builder’s Remedy Lawsuits: The Cost of Opposition
Middletown’s refusal to comply with affordable housing mandates has led to a number of *Builder’s Remedy* lawsuits. A *Builder’s Remedy* occurs when a municipality fails to meet its affordable housing obligations, allowing developers to sue the town and gain approval to build larger projects than the town might otherwise allow. These lawsuits have become costly for Middletown, leading to settlements that often favor developers and include more housing units than if the town had been proactive in planning for affordable housing.
The financial burden of these lawsuits falls on local taxpayers. If Middletown had complied with affordable housing requirements early on, it could have avoided these legal battles and maintained greater control over the size and scope of new developments. Instead, the town’s resistance has led to expensive settlements and larger developments, the very outcomes Perry claims to oppose.
Conclusion
Middletown’s opposition to affordable housing, driven by exaggerated claims from mayor Tony Perry, reflects a broader resistance from suburban towns across New Jersey, particularly those with Republican leadership. Perry’s alarmist claim that Middletown faces a mandate for 1,500 affordable units, which could lead to 6,000 new homes, misrepresents both the timeline and the mechanisms of affordable housing. His statements stoke fear about overdevelopment, but the reality is far less dramatic. The 1,500 units are projected over multiple decades, and the credit system provides flexibility that Perry’s narrative ignores.
Middletown’s refusal to engage constructively with the state’s affordable housing mandates has led to costly *Builder’s Remedy* lawsuits, placing a financial burden on taxpayers and resulting in larger developments than would have been necessary had the town been proactive. By complying with affordable housing requirements, Middletown could regain control over its future development while ensuring that it meets its legal obligations to provide affordable housing. Perry’s exaggerated claims do more to stir opposition than to address the real issues facing the town, and ultimately, they leave Middletown in a worse position both financially and developmentally.
