N.J. Court rescues municipalities from “gap period” affordable housing mandate

house_frameBy The Staff | The Save Jersey Blog

It’s a narrow but significant win for local government, Save Jerseyans.

On Monday, the New Jersey Superior Court Appellate Division today ruled that municipalities are not required to comply with retroactive affordable housing agreements from the so-called “gap period” between 1999-2015.

The court’s decision, which puts the onus on the legislature to address the gap period question (rather than the judiciary), reverses a prior trial-level Ocean County decision which compelled municipalities to construct more than 100,000 new housing units over the course of nine years.

You can read today’s decision here.

“Today the Superior Court answered our call to protect taxpayers from a catastrophic Ocean County court decision that would have caused a ripple effect, decimating municipalities statewide,” Senator Kip Bateman said. “I have long fought for affordable housing reforms that would place the responsibility of determining obligations in the hands of the legislature, where we can develop real solutions that best serve the individual needs of our communities. Now the courts agree. This ruling brings us one step closer to passing affordable housing reforms that will preserve open space, access to high quality education and emergency services; and the integrity of unique communities statewide.”

Bateman is the sponsor or legislation to review affordable house retroactivity rules.

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