The New Jersey Meadowlands Commission recently proposed new regulations regarding affordable housing. If adopted, all development projects within the Meadowlands District will be required to include affordable housing onsite or the developer of such projects will be required to make a payment in lieu of actually constructing affordable units. See 38 N.J.R. 3762(a). These regulations mark a dramatic transformation in the NJMC’s affordable housing policy, which previously asserted that facilitating the development of affordable housing was strictly a municipal obligation.
Click the following link to view the proposed regulations. Download 38_njr_3762a.PDF

These regulations are the NJMC’s apparent response to being named as a defendant in various Mount Laurel litigations, including the recent builder’s remedy litigation filed by Sills Cummis on behalf of Tomu Development Co., Inc., which is the only builder’s remedy awarded for property in the NJMC District and resulted in the trial court stripping East Rutherford and Carlstadt of its land use authority. See the May 19, 2006 blog entry below or click the following link to view the proposed regulations on the Tomu litigation.
Download TomuOpinion2.pdf