A Superior Court judge yesterday granted an order to show cause in connection with a lawsuit filed by 21 municipalities challenging the fourth-round rules of affordable housing obligations. (The Court’s Order can be found here.) As a result, the State and other defendants will have to show why the Court should not Order for the legislation enacting the fourth-round rules and all obligations of New Jersey municipalities under the legislation to be stayed pending final judgment of the Court. The viability and, if they survive, the timing of the fourth-round rules are now in limbo.

Continue Reading Breaking News: Court Potentially Stays Fourth Round of Affordable Housing Obligations

By now, most residential and mixed-use developers doing business in New Jersey have read that the Department of Community Affairs (“DCA”) late last Friday released its report calculating regional and municipal obligations for the fourth round of affordable housing units that must be built. DCA calculated the statewide affordable housing “present need” to be 65,410 units and “prospective need” to be 84,698 units. The report, along with each municipality’s present and prospective affordable housing needs, can be found here.

Continue Reading Fourth Round Affordable Housing Obligation Calculations Have Been Released; What Do They Mean for Developers and What Comes Next?

As seen on: The Weekender Brief (NAIOP NJ)

Acting Governor Nicholas P. Scutari yesterday signed into law the New Jersey Design Professional Self-Certification Act (S3402/A4350). Championed by NAIOP NJ, the new law will help streamline approvals and advance development and redevelopment projects.

Continue Reading Plan Review Bill Becomes Law

Legislation establishing the new fourth round of rules for affordable housing could become law in short order. The Assembly passed its version of the bill, A-4, on February 12.  The Senate Budget and Appropriations Committee moved the Senate’s version of the bill forward to a vote by the full Senate with minor amendments. The Senate is scheduled to vote on its version of the bill, S-50, today, Monday, March 18.

Continue Reading Update on Affordable Housing Legislation

Beginning on March 20, 2024, all property owners seeking to lease (including renewals) or sell real property in New Jersey, including commercial real estate, must make certain disclosures to potential tenants and/or buyers regarding historic and potential flood conditions on the subject property. Pursuant to the law codified at P.L. 2023, c.93, which was the subject of prior posts on this law blog, the disclosures must be made by property owners for all new leases, lease renewals, sales or exchanges of real property in New Jersey.

Continue Reading UPDATE: Comply With New Flooding Condition Disclosures & Landowner Notification Requirements Beginning March 20, 2024 – Or Risk Losing Your Tenant Or Buyer

Pending legislation aimed at establishing the new fourth round of rules for affordable housing has taken a major step forward. On February 8, the Assembly Appropriations Committee considered the bill, made significant amendments, and moved the bill forward to a vote by the full Assembly. The Assembly is scheduled to vote on the bill, A-4, on Monday, February 12.

Continue Reading Affordable Housing Legislation Takes Major Step Forward

Legislation aimed at establishing the new fourth round of rules for affordable housing and the process for same was re-introduced as Assembly Bill A-4 and Senate Bill S-50 in the new legislative session with minor changes from the previous session’s bills (click here and here to view my earlier posts on this subject). Most of the provisions in the previous session’s bills remain unchanged. Notably, the re-introduced bills remove the requirement for the Supreme Court to appoint special masters for regional areas of the state to calculate regional needs on municipal present and future obligations, instead assigning the Department of Community Affairs to calculate these needs. Both bills are progressing through the two houses and have been moved to appropriations committees.

Continue Reading Update on Re-Introduced Sweeping Affordable Housing Legislation

With the legislative session in Trenton coming to an end tomorrow at noon, New Jersey legislators and the Governor have crafted compromise legislation, S4265/A5912 (which can be found here), to address some of the long-awaited reforms so desperately needed to revamp New Jersey’s antiquated liquor license regulations. While the bill makes some significant changes regarding brewery licenses and addresses inactive retail consumption (i.e., restaurant) licenses, it does not fully satisfy Murphy’s call to reform and expand the liquor license scheme overall. The legislation appears to be on track for passage by both houses of the Legislature today, and Governor Murphy is expected to sign the bill into law as soon as it hits his desk.

Continue Reading A Deep Dive Examination of the Restaurant Liquor License Aspects of the Fast-Moving Bill Speeding Through the New Jersey Legislature

Bill to be Reintroduced in New Two-Year Session Beginning Tuesday at Noon

Assembly Bill A-4, which aimed to implement the new fourth round of rules for affordable housing and change the administration of affordable housing in New Jersey (click here to view my earlier post), was held by the Assembly Appropriations Committee yesterday. A companion bill in the Senate had been referred to the Senate Community and Urban Affairs Committee, but was not considered by the committee in its last meeting of the two-year session ending next Tuesday. As a result, the bill’s sponsors have vowed to re-introduce the legislation in the next legislative session. The bill will have to begin the legislative process anew, including committee review in both houses. 

Our team of land use and government relations attorneys will continue to monitor this or other affordable housing legislation and update this blog from time to time.

With just a few days remaining in the two-year legislative session, State lawmakers introduced and are swiftly pushing towards enactment of a bill that would radically change the administration of affordable housing in New Jersey and set forth a single standard to determine affordable housing obligations. Since 2015, no standard has been in place. Instead, the calculation and administration of the required affordable housing has been led by courts and court-appointed special masters. With an impending new round of affordable housing obligations set to begin on July 1, 2025, this legislation could provide clarity to municipalities and developers. The Assembly Appropriations Committee was scheduled to discuss the bill today. The Assembly and Senate are likely to consider the bill next week.

Continue Reading Sweeping Legislation Could Reshape Affordable Housing in New Jersey for at Least a Generation