WHAT IS AFFORDABLE HOUSING?
Affordable housing is housing that is available to people of moderate income at a reasonable price. It is often built as townhomes or apartments but might also be a modest, well-kept single-family home. A typical two-bedroom townhouse would sell for $81,000 and a typical two-bedroom apartment would rent for $700. A unit is generally considered affordable if the owner pays approximately 28% (30% for renters) or less of his/her gross income on housing costs. Housing costs include the base rent as well as the cost of utilities for renters and include mortgage payments, property taxes, insurance, and homeowner’s association fees for owners. Families, singles, and seniors can qualify for affordable housing.
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.
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.
N.J. SUPREME COURT: TOUGHER RULES NEEDED FOR AFFORDABLE HOUSING. 9/26/13
SPECIAL MASTER MCKENZIE AFFORDABLE HOUSING COMPLIANCE REPORT FOR CRANFORD, 3/29/2013
CRANFORD'S HOUSING PLAN ELEMENT AND FAIR SHARE PLAN, Submitted by Birdsall Services Group (Engineers & Consultants) on 3/20 and adopted in April 2013
SPECIAL MASTER'S AFFORDABLE HOUSING COMPLIANCE REPORT FOR CRANFORD, 6/2012
CRANFORD'S HOUSING PLAN ELEMENT AND FAIR SHARE PLAN, 4/2012
NO CRANFORD AFFORDABLE HOUSING PLAN, 2008
ANXIETY GROWS ABOUT NJ AFFORDABLE HOUSING RULES, 2008
CRANFORD'S COAH OBLIGATION, 2008
NEW AFFORDABLE HOUSING LAWS, 2008
AFFORDABLE HOUSING, 2007
AFFORDABLE HOUSING/ENVIRONMENTAL PROTECTION, 2007
CRANFORD COMMISSIONERS VOTED "NO" TO AFFORDABLE HOUSING CERTIFICATION, 2005