NJ Justices Could Expose Towns to Affordable Housing Suits

December 4, 2014 – In The News

Henry Kent-Smith was quoted in the Law360 article, “NJ Justices Could Expose Towns to Affordable Housing Suits.” Full text can be found in the December 4, 2014, issue, but a synopsis is below.

The New Jersey Supreme Court could soon return the enforcement of towns' affordable housing obligations to the courts.

On Thursday, the state high court said it would hear oral arguments January 6, 2015, on a motion by an affordable housing advocacy group to open towns to lawsuits over their affordable housing obligations.

The “third round” rules were originally due in 1999, but delays and the inability of earlier versions to withstand judicial scrutiny have left the state's affordable housing policies in flux.

“Fifteen years was long enough to wait,” said Henry Kent-Smith, who is active in the New Jersey Builders Association. “The court, quite frankly, needed to intervene earlier. That is water under the dam, but the time has come to force the issue.”