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
Fourth Round Affordable Housing Obligation Calculations Have Been Released; What Do They Mean for Developers and What Comes Next?
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?
Update on Affordable Housing Legislation
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
Affordable Housing Legislation Takes Major Step Forward
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
Update on Re-Introduced Sweeping Affordable Housing Legislation
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
Update on Sweeping Affordable Housing Legislation Stalls in Trenton as Session Winds Down
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.
Sweeping Legislation Could Reshape Affordable Housing in New Jersey for at Least a Generation
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
Newark Introduces Ordinance to Expand Its Inclusionary Zoning Ordinance
The City of Newark recently introduced an ordinance that would amend its Inclusionary Zoning Ordinance (“IZO”) to expand the scope of the IZO, while offering certain density and other bonuses to developers. The City Council voted to introduce the ordinance on first reading and refer the ordinance to the Central Planning Board for review. After the Central Planning Board reviews the legislation, the ordinance will go back to the City Council for a second and final reading, and potential adoption.Continue Reading Newark Introduces Ordinance to Expand Its Inclusionary Zoning Ordinance
Is New Jersey Moving Away From Home Rule?
Three recently introduced bills in the New Jersey State Legislature could hint at an emerging policy shift away from the state’s time-honored respect for “home rule” and towards a more regional approach to land use planning. While the proposed legislation does not eliminate a local municipality’s jurisdiction to consider certain land use applications, the introduction of additional regional planning approaches could lead to a general erosion of home rule. Specifically, the introduction of Senate Bill 3910 would create the “Palisades Cliffs Protection and Planning Act,” aimed at protecting the Gold Coast from high-rise development. Similarly, Senate Bill 3688 would require certain warehouse development projects to seek approval from County planning boards or the State Planning Commission prior to receiving local land use approvals. Those warehouse development opportunities (and any other development opportunities) would diminish further by the enactment of proposed Assembly Bill 5793, which would prohibit municipalities from designating farmland as an area in need of redevelopment or rehabilitation area.
Continue Reading Is New Jersey Moving Away From Home Rule?
New Jersey Extends Numerous Permits and Approvals Under the Permit Extension Act of 2020; Mandatory Registration Required by October 8th
On September 8, 2020, the NJ Department of Environmental Protection (“DEP”) issued a Public Notice pursuant to the New Jersey Permit Extension Act of 2020, P.L. 2020, c. 53 (the “Act”), which extended the term of numerous government permits and approvals that were in effect on March 9, 2020. The Act suspends the running of the periods of eligible permits and approvals from March 9, 2020 until six (6) months after the end of the Public Health Emergency declared by Governor Murphy in response to COVID-19.
Continue Reading New Jersey Extends Numerous Permits and Approvals Under the Permit Extension Act of 2020; Mandatory Registration Required by October 8th