NJ Facing Wave Of Affordable Housing Suits

July 7, 2015 – In The News

Henry Kent-Smith was featured in the Law360 article, “NJ Facing Wave Of Affordable Housing Suits.” Full text can be found in the July 7, 2015, issue, but a synopsis is below.

Affordable housing suits are on the rise in NJ, due to the New Jersey Supreme Court decision made in March that returned supervision of affordable housing responsibilities to the courts. The ruling will result in affordable housing cases that have been previously denied the opportunity for declaratory judgment actions.

The decision was deferred for 90 days, which gave the town 30 days to file declaratory judgment before others are able to sue and allowed municipalities time to prepare for the new cases.

As of right now the number of cases is 89, but Henry Kent-Smith predicts that could potentially rise to 200 due to the volume of cases that have already been filed. When a court believes that a town has not met its responsibilities, other properties may then decide on judicial approval.