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Old Tappan council votes to join multi‑town federal lawsuit over state affordable‑housing rules
Summary
The Borough of Old Tappan voted to join a multi‑municipality federal lawsuit challenging New Jersey’s fourth‑round affordable‑housing legislation and committed $10,000 in 2024 and a further $10,000 in 2025 to the effort; council members said legal costs will come from the borough’s legal budget line.
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The Borough of Old Tappan’s mayor and council voted on June 17 to join a multi‑municipality federal lawsuit challenging New Jersey’s fourth‑round affordable‑housing rules and authorized a $10,000 contribution in 2024 and another $10,000 in 2025.
Council President Yoo read the resolution, which authorizes the mayor and borough clerk to execute documentation related to the litigation after review by the borough attorney. The resolution, the council was told, is part of a coordinated effort involving roughly 25 towns that have already committed funds and several others considering participation.
Mayor Thomas Gallagher described the move as an attempt to secure what the borough sees as fair due process. “We feel it’s unjust. We feel it’s unconstitutional,” Gallagher said during discussion, urging that federal courts examine how the state apportions housing obligations among municipalities.
Councilors asked how the expense will be covered. Council members were told the $10,000 2024 contribution can be absorbed within the legal‑fees line item in the current budget, and the borough clerk was directed to handle required notifications. After discussion, the council carried the resolution on a roll‑call vote.
What’s next: The borough attorney will review documents and the mayor and clerk were authorized to sign engagement papers on behalf of Old Tappan. No further appropriation vote was required at the meeting beyond the committed amounts specified in the resolution.
Meeting context: Council members noted that multiple towns are coordinating similar measures and that the lawsuit aims to shift or reduce the fourth‑round obligations now assigned under state guidance. The resolution includes a pledge to contribute the second $10,000 in 2025 if participation continues.

