New Jersey Supreme Court Rules that Towns Must Provide Affordable Housing

Last week, the New Jersey Supreme Court ruled that towns across the state must provide a “fair share” of affordable housing to make up for housing that was not built during a 16-year period when the state did not enforce its affordable housing mandates. Historically New Jersey has required municipalities to provide inclusionary zoning for affordable housing; however, the Council on Affordable Housing failed to enforce this regulation from 1999 to 2015. The court’s ruling requires those low- and middle-income households that failed to find affordable housing during the gap period to be counted towards the town’s future obligation. The Council on Affordable Housing was dissolved in 2011 and the responsibility of enforcing the rule now falls under the state’s trial courts.

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