West Orange Is Facing ‘Builder Remedy’ Lawsuit, Mayor Says

EDITOR'S NOTE: Read our update to this article here

WEST ORANGE, NJ — West Orange recently exposed itself to a “builder’s remedy” lawsuit in connection with its affordable housing quota from the state, the town’s mayor says.

West Orange Mayor Susan McCartney released a statement about the situation on Monday, blaming the situation on “inaction” from the town council. The council has since issued its own statement in reply, rebuking the mayor's claims.

Last October, state officials released a new round of affordable housing quotas that New Jersey towns and cities will have to meet over the next 10 years, including West Orange.

During the council’s Jan. 6 meeting, the town’s assistant business administrator said West Orange was looking into the possibility of challenging the state’s quotas. The council took up the issue again at their Jan. 28 meeting, voting 4-1 for a resolution that approves the state’s calculations.

• Read More: West Orange May Push Back Against NJ’s Affordable Housing Mandate
• Read More: West Orange Says ‘OK’ To Latest NJ Affordable Housing Quota

Municipalities were required to come up with a plan to meet their quotas and get it approved by state officials by June 30. However, the township has missed the deadline to submit its state-mandated Fair Share Housing Plan, the mayor says.

“As a result, West Orange is now exposed to a builder’s remedy [lawsuit] and will be forced to negotiate on land use applications without the full protections that come with a certified plan,” McCartney reported.

Builder’s remedy lawsuits allow real estate developers to seek court approval to bypass local zoning laws and build higher-density residential projects – as long as they provide a certain number of affordable housing units.

The mayor didn’t elaborate on the specifics of the case that the town is currently facing in her statement.

McCartney said that her administration has scheduled an executive session presentation on an affordable housing plan prepared by Heyer Gruel & Associates for the town council meeting on July 22.

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