What is a builder's remedy lawsuit?

A builder’s remedy lawsuit allows a developer to file suit to have a specific piece of property chosen by the builder rezoned to allow for the opportunity to construct housing at higher densities than a municipality would otherwise allow, provided that the developer provides a set aside of affordable units that are designated for low and moderate income. A developer is entitled to a builder’s remedy if 1) it succeeds in Mount Laurel litigation; 2) it proposes a project with a substantial amount of affordable housing, and 3) the site is suitable, i.e. the municipality fails to meet its burden of proving that the site is environmentally constrained or construction of the project would represent bad planning, Southern Burlington County NAACP v. Mt. Laurel Twp., 92 N.J. 158,279-80 (1983).

A successful developer in a builder’s remedy suit is entitled to a court ordered zoning designation, including all aspects of zoning such as density, setbacks, building heights, lot coverage, etc. to accommodate its proposed inclusionary project. Municipalities in builder’s remedy lawsuits may be held liable for the fees of a special master appointed by the court to assist in developing the zoning scheme on the affected property.

Show All Answers

1. Where can I learn more about Millburn’s current Affordable Housing situation?
2. What are the ways the Township can obtain compliance and repose from the courts for affordable housing?
3. What is the status of the 75 units of 100% affordable housing at the 11 Main Street development (a portion of the DPW facility)?
4. Does Millburn have an Affordable Housing Plan?
5. Is the Township required to provide an opportunity for Affordable Housing units?
6. How many units of affordable housing is the township obligated to provide and by when?
7. What is Affordable Housing?
8. What is the Fair Share Housing Center?
9. What is an overlay zone?
10. Why are the courts in control of determining Millburn’s affordable housing obligation?
11. Will a court consider the economic impact to the community, including schools?
12. What is a builder's remedy lawsuit?
13. How can builder’s remedy lawsuits be avoided or defended?
14. Are the developers obligated to keep the ‘affordable units’ permanent?