Judiciary outlines rollout of new affordable housing dispute resolution program; committee raises impartiality and capacity questions

Acting administrative director Michael Blee told the Assembly Budget Committee that the judiciary is administering the new affordable housing dispute resolution program created by recent legislation and provided preliminary counts and timelines.

Blee said the Department of Community Affairs submitted needs calculations and that 448 municipalities filed action plans with the program. As of March 6, he said, 59 of 449 filings had one or more challenges for a total of 238 individual challenges; 289 filings had no challenge filed. He said program members (retired judges) completed 44 sessions and hearings as of March 31 with remaining sessions scheduled through early April.

Members raised questions about staffing, costs and impartiality. Blee said the program uses seven retired judges as the program members and special adjudicators (subject to professional conduct rules) to provide expert input on plans. He acknowledged concerns raised by some municipalities that a special adjudicator with prior private‑sector ties could create a perception of bias but said program managers and adjudicators are bound by judicial codes of conduct and professional rules.

Blee also noted pending litigation challenging the statute (Montvale v. State) and said the program is proceeding because there is no stay; he declined to comment on active litigation. Committee members asked for spreadsheets and line‑item details for the $12 million appropriation to run the program; Blee said the judiciary would provide the requested expenditure and staffing detail.

Ending: Committee members said they will review the data and may follow up about selection processes for adjudicators and whether further oversight or statutory change is needed.