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New Jersey Supreme Court Orders Cities to Make Up for Affordable Housing ‘Gap’

Friday, January 20, 2017 - 3:30PM

New Jersey’s state Supreme Court ruled Wednesday that cities in the state must build or renovate thousands of units for low-income residents to make up for a 16-year period that followed the expiration of the Council on Affordable Housing’s rules under the Fair Housing Act. The court ruled 6-0 that cities must take into consideration needs that existed from 1999 to 2015, when new rules didn’t exist, but an affordable housing obligation remained. After a trial court judge said the years should be included, 13 towns joined in an appeal to exclude the gap years from calculations of their affordable housing obligations–and an appellate court agreed. But the Supreme Court cited a “pent-up need” for housing in its 32-page decision ordering cities to consider the needs for the 16 years.


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