The only way a community can be protected from a builder’s remedy lawsuit is to take the initiative and prepare, approve and adopt a Housing Element and Fair Share Plan (HEFSP) that complies with the required obligations, submit that HEFSP to the court in a Declaratory Judgment action and receive a Judgment of Compliance/Repose from the Court. A Judgment of Compliance/Repose generally provides a ten-year period during which the Township would be protected from any future Builder Remedy Lawsuits so long as Millburn complies with the court approved HEFSP. Southern Burlington County NAACP v. Mt. Laurel Twp., 92 N.J. 158, 291-92 (1983). Because housing obligations have been developed for a discrete period (most recently, 1999-2015), the courts are taking the view that there is a uniform ten-year period during which Judgments of Compliance/Repose are effective, (effective to July 1, 2025, irrespective of when that Judgment is obtained.) Millburn Township adopted an HEFSP and filed its Declaratory Judgment action in court seeking a Judgment of Compliance and repose in March of 2018.
What is the Fair Share Housing Center?
The Fair Share Housing Center (FSHC) is a recognized affordable housing advocacy group that has been heavily involved in monitoring NJ municipalities’ efforts to comply with affordable housing obligations. They are “interested parties” in virtually all affordable housing litigation.