The New Jersey Supreme Court Issues Its Gap Period Decision
On January 18, 2017, the New Jersey Supreme Court held that municipalities do have an obligation to satisfy the unmet affordable housing obligations arising from 1999 through 2015, the so-called “gap period.” In a decision that will be hailed as a victory for affordable housing advocates and developers, and a loss for municipalities, the Court […]
The Appellate Division Reverses COAH’s Gap Period Requirement
Co-authored by Peter J. Guastella This is big. Affordable housing in New Jersey has taken another major turn in the Court system due to the latest decision in the Appellate Division handed down on July 11, 2016. Most importantly, the Court’s decision holds that the plain language of the Fair Housing Act of 1985 does […]
Court Addresses “Catalyst” Requirement under Mt. Laurel Doctrine and Rejects Township’s “All or Nothing” Approach to Builder’s Remedy in Cranford Development Associates LLC v. Township Of Cranford, A-5822-12T2, ___ N.J. Super. ___ (App. Div. 2016).
Co-authored by Melissa A. Clarke In this recent affordable housing decision, the Appellate Division upheld a Union County trial court’s final order granting a builder’s remedy to plaintiff Cranford Development Associates, LLC (the “developer”) for the construction of a 360-unit residential development in Cranford. The court made several noteworthy points, the most significant of which […]
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