Federal Judge Allows Wanaque, NJ Housing Bias Lawsuit to Proceed

A federal judge allowed a discrimination lawsuit against Wanaque, New Jersey, to proceed, escalating a long-running housing conflict. The case alleges that municipal officials improperly stopped Portuguese developers from building over 175 homes on land they had owned for decades.

The U.S. District Court for New Jersey’s ruling means a jury will decide if the borough violated the Fair Housing Act. The lawsuit alleges that municipal authorities discriminated against Portuguese developers and made racist comments throughout the years-long property dispute.

Developers Say Background Was a Barrier

Portuguese immigrant-owned J&S Group Inc., Wanaque Realty Corp., and Mountain Lakes Estates Inc. sued. The companies say the borough obstructed their 2000 development plans for years.

The developers claimed that the borough obstructed their housing project and refused to transfer construction rights to another Portuguese company. They say this reveals bias that stopped them from developing homes allowed under previous agreements.

Developer Jacinto Rodrigues testified that a former borough administration said Portuguese developers were not welcome in Wanaque. Rodrigues said he was told the town did not want him or his “Portuguese friends” to oversee the project.

Unequal Treatment Claims

Besides the alleged statements, the lawsuit alleges that the borough treated immigrant and non-immigrant developers differently. According to court records, officials gave non-immigrant buyers a $1.85 million bail but not Rodrigues and his team.

The plaintiffs claim this imbalance violates the Fair Housing Act, which forbids housing and development discrimination based on national origin, race, or other protected categories.

Borough Leaders Deny Wrongdoing

Thomas Carroll, the previous borough administration, denies discrimination. He stated that he had dealt with diverse people, including Portuguese professionals, for decades and would never make such statements. Carroll called the claims rude and inaccurate.

He further suggested that the case is weak because some of the developers’ claims have been rejected. The judge dismissed civil rights and property rights claims, but the Fair Housing Act issue remains.

Judge Orders Jury to Determine Discrimination

U.S. District Judge Jamel K. Semper found enough evidence to let a jury decide on discrimination. He highlighted that the developers control the property and can sell or develop it, disproving property rights infringement.

However, the judge decided that testimony, financial records, and the disputed remarks warranted a full Fair Housing Act trial. The jury will assess if Wanaque officials discriminated against Portuguese developers.

Three-Decade-Old Dispute

Over 20 years of dispute culminated in this judicial battle. Development agreements were reached in 2000, but legal appeals and protracted talks have plagued the project.

In 2017, the developers sold their land to Portuguese immigrant-owned J&J Builders, reviving the case. However, the borough allegedly declined to award development agreements to J&J Builders, fuelling prejudice charges.

The federal court has been hearing the lawsuit since 2018.

The Next Step

The case’s trial could affect New Jersey housing development and discrimination law. If the jury finds borough authorities biased, it might affect how local housing and development conflicts affect immigrant-owned enterprises.

Wanaque’s lawsuit has drawn national attention and revived debate over how towns manage housing projects and treat all developers equally.