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New Jersey Supreme Court rules on March 10, 2015 that New Jersey’s Trial Court’s are now responsible for determining how many homes should be made available to low and moderate income residents in municipalities. The Trial Courts will make affordable housing determinations on a case by case basis opening the door to challenges by low and moderate income residents as well as developers against municipalities to determine whether the municipalities are in compliance with its fair share obligations. The Supreme Court took this drastic step as a result of COAH’s failure to meet two separate deadlines to establish new rules that were imposed by the Court.

In a decision rendered January 22, 2015 in the Thomas Griepenburg v. Township of Ocean (A-55-13), the Court concluded that the Township of Ocean’s ordinances rezoning a large tract of land, including most of plaintiffs’ property, from residential and commercial use to an Environmental Conservation district, thereby restricting future development of their property municipal zoning ordinances represent a legitimate exercise of a municipality’s power to zone property consistent with its Master Plan and Land Use Law (MLUL) goals.

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Chester, New Jersey 07930
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Email: jlavin@lavinassociates.com

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