Bill > S3398

Introduced Session

This bill prohibits the imposition of a builder's remedy in exclusionary zoning litigation. The builder's remedy, as a method of achieving fair share housing, has been contrary to the public interest and public policy goals in that it resulted in the development of extraordinary amounts of market rate housing in densely populated regions while producing comparatively little affordable housing, to the overall detriment of specific communities and the State as a whole. Municipalities have attempted to navigate the rulings of the court for nearly four decades, but have been unable to adequately address the affordable housing needs of the State despite the threat of builder's remedy lawsuits. Under the bill, if a court determines that a municipality has failed to meet its obligation to provide a reasonable opportunity for the development of affordable housing, a court may impose a remedy other than a builder's remedy. For the purposes of the bill, "builder's remedy" means a court imposed remedy for a litigant who is an individual or a profit-making entity in which the court requires a municipality to utilize zoning techniques such as mandatory set-asides or density bonuses which provide for the economic viability of a residential development by including housing which is not for low and moderate income households.

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Gerald Cardinale (R)*,  Christopher Bateman (R), 

Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee (on 06/29/2017)

Official Document