New Jersey A628 prohibits builder's remedy in exclusionary zoning litigation.
New Jersey A628 prohibits the imposition of a builder's remedy in exclusionary zoning litigation. The builder's remedy, which involves zoning techniques like mandatory set-asides or density bonuses, has been deemed contrary to public interest and policy goals. This remedy has led to the development of excessive market rate housing while producing comparatively little affordable housing. If a court finds that a municipality has failed to provide a reasonable opportunity for affordable housing, it may impose a remedy other than a builder's remedy.
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