Court Dismisses Objection to Township's Calculation of Affordable Housing
New Jersey’s affordable housing laws are designed to ensure people of all income levels can access housing in all municipalities throughout the State. But despite this goal, the assigned obligations for units to be constructed over the next ten years, as calculated by the Department of Community Affairs (DCA), did not necessarily take into consideration the specific circumstances of a municipality.
That disconnect was visible recently in Chatham Township, where the DCA’s calculations included properties that were already developed or otherwise not suitable for development, leaving the Township with a higher obligation than deserved.
The Township took issue with DCA's calculation and proposed an obligation which more accurately reflected local realities. In response, the New Jersey Builders Association (NJBA) challenged Chatham’s calculation. However, the updated affordable housing laws require objectors to provide an alternate formula as part of the response, and, in this case, the NJBA did not.
MS&B’s Jessica Almeida , representing the Township, successfully argued for dismissal of the NJBA challenge. Now, Chatham’s plan can be guided by local data instead of a one-size-fits-all formula, ensuring the community gets a say in how their neighborhoods grow.