WHAT IS A BUILDER'S REMEDY LAWSUIT?

A “Builder’s Remedy Lawsuit” is simply legal action taken by a property developer in an attempt to force a municipality to permit construction of a large, multi-family housing structure or complex.

Typically, the developer’s court brief will make specific mention of the Mt. Laurel decision, a landmark case that holds municipalities responsible for providing affordable housing to low and moderate income households.

Many local officials believe that “Builder’s Remedy Lawsuits” are used by developers to force the construction of unneeded housing under the guise of providing affordable housing for those that need it most, when in reality they are only interested in building large quantities of market rate homes for profit.

By filing an affordable housing plan with the Council on Affordable Housing (COAH), the State of NJ office responsible for determining affordable housing requirements, municipalities can protect themselves against “Builder's Remedy Lawsuits.”

Cranford did not file an affordable housing plan (see stories below on no coah certification)with the Council on Affordable Housing and, therefore, left the town wide open to builder's remedy lawsuits. One such lawsuit was settled on 555 South Avenue for 163 Apartments and the other was just approved by a Judge for 360 apartments and a parking garage on Birchwood Avenue. The town plans on appealing the Birchwood Avenue decision.

Commissioners Voted "No" to Affordable Housing (COAH) Certification

Cranford Has No Affordable Housing Plan