Focused on Land Use and Redevelopment Law in New Jersey
The numbers behind New Jersey Economic Development Authority’s award of tax credits
The Star-Ledger
In following news about New Jersey’s incentive programs over the last year, it struck me that readers might incorrectly conclude that the state has paid out $5 billion in actual tax credits under the legislatively-created incentive programs that the New Jersey…
In its unanimous decision on March 10, 2015, in In Re Adoption of N.J.A.C. 5:96 & 5:97 by N.J. Council on Affordable Housing (M-392-14 (067126), the New Jersey Supreme Court held that the courts, and not the Council on Affordable Housing (“COAH”), will determine if municipalities have met their constitutional affordable housing obligations under the Mount Laurel doctrine. However, builders’ remedy lawsuits will not be immediately available to property owners in municipalities that either have substantive certification under COAH’s invalidated Third Round Rules or were participating in the COAH process to obtain it. Further, the Court created a process by which these municipalities can obtain the equivalent of substantive certification from the courts and thus immunity from builders’ remedy lawsuits.Continue Reading Municipal Affordable Housing Obligations Are Now Determined by the Courts
Developers who have obtained or will obtain a preliminary or final site plan approval for a non-residential development on or after July 1, 2013 and before January 1, 2015 and who have paid the Statewide Non-Residential Development Fee to the municipality or the State, as applicable, will be entitled to a refund of their payment if the Statewide Non-Residential Development Fee moratorium bill (S-1011/A-1907) becomes law. The bill has passed both houses of the New Jersey Legislature and is currently awaiting the Governor’s signature.
Continue Reading Protect Your Statewide Non-Residential Development Fee Refund
I. In General
It seems unlikely that the New Jersey Legislature will further extend the “Extension Period” of the Permit Extension Act (the “Act”) beyond December 31st of this year. Therefore, property owners and developers, with approvals which the Act extends, need to determine when these approvals or their periods of protection expire and what they can do to further extend these approvals.Continue Reading Duration and Extensions of Permits and Approvals Extended by the New Jersey Permit Extension Act
After a week of orders and stays by the New Jersey Supreme Court and the Superior Court of New Jersey, Appellate Division, the New Jersey Supreme Court, in an order issued this afternoon, has set forth a definitive schedule and process which COAH must follow in proposing and adopting its Third Round Rules, in accordance with the New Jersey Supreme Court’s September 26, 2013 decision in In Re N.J.A.C. 5:96 and 5:97, 215 N.J. 578 (2013). These Rules will be adopted by November 17, 2014 and will utilize the methodology of the First and Second Round Rules. They will, thus, not use a growth share methodology.
Continue Reading COAH Third Round Rules by November 17, 2014
