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By now, you have likely heard that on March 10, the New Jersey Supreme Court took drastic action in returning enforcement of Mount Laurel and Council on Affordable Housing (COAH) matters to the courts based on COAH's failure to promulgate new third-round regulations as required by the Supreme Court's order last year. Below is an outline of and commentary on the new procedure established by the Supreme Court for the lower courts to handle municipal compliance with affordable housing obligations.
As a developer or investor in a project, what does that mean for you? Several months ago while the COAH litigation was pending and proposed regulations were being discussed, we sent an alert to developers and clients advising that then was the time to start strategizing on how to be best positioned when the dust starts to settle on the COAH litigation. As a result, some clients are in the ideal position of having rezoning requests pending at this very moment for projects that provide affordable housing, and it will now be hard for a town to turn the project down in light of the procedure and timing outlined by the Supreme Court in its March 10 decision.
There is still an opportunity for developers and investors to act now for both short- and long-term strategies for potential projects. The strategies and goals will be dependent on several factors including the type of development, which town the development would be located in and, obviously, risk tolerance.
Summary and Comments on Supreme Court Procedure for Affordable Housing Compliance
Should you have any questions on what this all means for you as a developer or investor and/or need assistance developing a strategy on how best to approach your particular situation, please feel free to contact Craig Gianetti.
Day Pitney Real Estate Partner Craig M. Gianetti authored an article titled, "New Jersey's Outdated Sewer and Water Connection Fee Statute And Challenges to Municipal Calculations," for the New Jersey Builders Association's Dimensions Newsletter.
On June 2, at the CBIA's 2022 Energy & Environment Conference, Day Pitney Environmental and Land Use partner Harold Blinderman is moderating the panel, "A New Release-Based Clean-Up Program: Status, Process & Next Steps," and Elizabeth C. Barton, partner and Chair of the Environmental practice, is a panelist, along with speakers from CT DEEP's Environmental Quality Branch and Water Protection and Land Use division and BL Companies.
On May 18, Day Pitney New Jersey Real Estate Partner Peter Wolfson was a panelist on the "P3 Partnerships: A Path for Progressive Development," panel at a CoreNet NJ event.
Miami-based Real Estate Partner Sandra M. Ferrera is speaking on the University of Miami School of Law's Hispanic Law Students Association panel, "Legal Series Tournament: Practice Area Battle Royal: Team Litigation vs. Team Transactional."
On February 23, Partner Craig M. Gianetti spoke at the program, "Land Use Update 2022," about challenges to zoning ordinances and ethical issues in land use matters.
Day Pitney was included in Real Estate NJ's "Professional Spotlight 2022: Top Law Firms in New Jersey Commercial Real Estate."
Day Pitney Real Estate Partner Katharine Coffey was named PulteGroup's Land Consultant of the Year for the Northeast.
Sandra M. Ferrera was featured as a "Wonder Woman 2021" in the Boca Raton Observer. Ferrera advises clients on high-end residential and commercial real estate transactions, helping to make their assets work for them.
Day Pitney Press Release
Day Pitney Press Release
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