NJ Affordable Housing Rules Likely Headed Back To Court

May 19, 2014 – In The News
Law360

Henry Kent-Smith was quoted in the Law360 article “NJ Affordable Housing Rules Likely Headed Back To Court.” While the full text can be found in the May 19, 2014, issue of Law360, a synopsis is noted below.

A recent overhaul to affordable housing rules in New Jersey could again be destined for litigation, with some attorneys arguing that they rely on calculations that clash with state Supreme Court directions and ultimately drive down the number of housing units that towns must provide for lower-income residents.

Stakeholders are still trying to learn more about the calculations, but it doesn’t seem like the latest set of rules meet the spirit and intent of the Supreme Court’s mandate, according to Kent-Smith, who is active in the New Jersey Builders Association.

“I wish I could say it adhered more closely to the prior methodology, but unfortunately I can’t,” Kent-Smith said.

In addition, the rules generally take a restrictive approach to the land available for development, said Kent-Smith.

“The land inventory analysis utilized for these numbers is substantially different from the land inventory analysis that has been utilized in prior rounds, such that there is an actual reduction of the overall state need for affordable housing based on the land analysis that is quite frankly a mystery,” he said.