On July 11, 2016, the Appellate Division issued a decision limiting the affordable housing obligation of municipalities. The court ruled that municipalities only had to provide for the prospective need for affordable housing for the period from 2016 until 2025. The decision reversed a lower court holding that created an obligation for municipalities to meet their prospective need requirements during the 16 year "gap period" between 1999 and 2015 in addition to the period starting in 2016.
Going forward, developers and property owners should monitor those municipalities which are seeking judicial determination that they are meeting their affordable housing obligations to see how the municipal proposals impact their properties. To read the entire client alert, please click here.
For more information, please contact William F. Harrison at firstname.lastname@example.org or 973.535.4430. Mr. Harrison is Chair of the Firm's Land Use & Approvals and Environmental Law Practice Groups and a Partner in the Commercial Real Estate & Redevelopment Practice Group.