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The deadline for municipalities to pass a binding resolution determining their present and prospective fair share obligation under the fourth round of affordable housing was January 31. Linked here is a chart showing both the Department of Community Affairs (“DCA”) and the municipalities’ present and prospective need calculations. The chart also identifies the reduction, if any, in what municipalities believe to be their prospective need obligations. In total, municipalities which adopted binding resolutions have reduced their prospective need obligations by over 13,000 units.Continue Reading Municipalities Have Determined Their Affordable Housing Present and Prospective Need Obligations; What Are The Numbers, What Do They Mean, and What Comes Next?

Earlier today, the Superior Court judge hearing a lawsuit on behalf of now 26 municipalities challenging the fourth-round rules of affordable housing obligations issued an Order denying their requests for injunctive relief pending the Court’s final judgment of the litigation. The Order, which followed oral arguments held two weeks ago, states that the municipalities’ challenge to the fourth-round rules can proceed without delaying the fourth round or its deadlines. The Court also scheduled oral arguments on the defendants’ pending motions to dismiss the municipal plaintiffs’ complaint for January 31 at 10:00 am via Zoom, which will be livestreamed.Continue Reading Breaking News: Court Denies Municipalities’ Request for a Stay of Fourth Round of Affordable Housing

For the first time in nearly a quarter-century, the NJ State Planning Commission is making a concerted effort to update the State Development and Redevelopment Plan.  Today, the Commission released a preliminary draft of a new plan and set an ambitious timeline for adopting the document by the end of 2025.  Historically, the State Development and Redevelopment Plan has served as a guide to align state, county and local land use policies and objectives.Continue Reading Murphy Administration Releases Preliminary Draft of New State Plan (The First Since 2001)

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?

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

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

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.