“Gap Years” in Affordable Housing to Count

By George N. Saliba, Managing Editor On Jan 18, 2017

New Jersey housing advocates scored a major victory today when the State Supreme Court ruled that analysis of a prior 16-year period must be considered when determining municipalities’ current commitments to affordable housing. More specifically, from 1999 to 2015, state officials – in effect – did not adopt suitable rules surrounding towns’ affordable housing commitments, the latter of which are aimed at preventing discrimination against low- to moderate-income households.

Overall, today’s ruling paves the way for towns to be required to allow thousands – or perhaps hundreds of thousands – of affordable housing units within their jurisdictions, as they factor in the housing needs created during the “gap years.”

Legalities surrounding the famed Mount Laurel court cases have been stirring since the first court case in 1975, and have, over the decades, been associated with state legislation such as the Fair Housing Act and the creation of the Council on Affordable Housing (COAH).

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