ADVANCE HOUSING, INC. v. TEANECK

A-72-11, A-73-11, A-74-11, A-75-11, A-76-11, A-77-11, A-78-11, A-79-11 September Term 2011, 069436

74 A.3d 876 (2013)

215 N.J. 549

ADVANCE HOUSING, INC. and Advance Housing 2000, Plaintiffs-Respondents, v. TOWNSHIP OF TEANECK, Borough of Bergenfield, Borough of Little Ferry, Borough of Ramsey, Borough of Ridgefield Park, Borough of Lodi, Borough of Fairview, Borough of Leonia, City of Hackensack, Defendants-Appellants.

Supreme Court of New Jersey.

Decided September 25, 2013.


Attorney(s) appearing for the Case

William F. Rupp , Hackensack, argued the cause for appellant Township of Teaneck (Ferrara, Turitz, Harraka & Goldberg, attorneys).

Paul M. Elias argued the cause for appellant Borough of Fairview (Bittiger Triolo, attorneys; Jason L. Bittiger , Garfield, of counsel and on the brief).

William R. Betesh , Ridgefield Park, argued the cause for appellants Village of Ridgefield Park and Borough of Bergenfield (Boggia & Boggia, attorneys).

Harry D. Norton, Jr. , argued the cause for appellant Borough of Ramsey (Norton, Sheehy, Higgins & Rosa, attorneys; Mr. Norton and Neil A. Tortora, Woodland Park, on the brief).

Joel M. Ellis argued the cause for respondents (Kates Nussman Rapone Ellis & Farhi, attorneys; Mr. Ellis , Michael B. Kates , and Bruce L. Nussman , Hackensack, on the brief).

Thomas S. Dolan , Roseland, argued the cause for amici curiae the Judge David L. Bazelon Center for Mental Health Law, Disability Rights New Jersey, New Jersey Department of the Public Advocate, Alliance for the Betterment of Citizens with Disabilities, American Association of People with Disabilities, Mental Health America, Mental Health Association in New Jersey, National Alliance on Mental Illness, National Alliance on Mental Illness of New Jersey, and Supportive Housing Association of New Jersey.

Donald J. Lenner submitted a letter in lieu of brief on behalf of appellant City of Hackensack.

Joseph G. Monaghan submitted a letter in lieu of brief on behalf of appellant Borough of Little Ferry.

Marcel R. Wurms , Lodi, submitted a letter in lieu of brief on behalf of appellant Borough of Lodi.


Justice ALBIN delivered the opinion of the Court.

Many of our citizens suffering from mental disabilities, who are presently institutionalized, can live independent and productive lives in supportive housing in our communities. The challenge has been to find sufficient housing with accompanying services for the mentally disabled. In 2005, the Governor's Task Force on Mental Health reported that many persons institutionalized with mental illness could not be discharged...

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