Planning is everything, especially when it comes to accountable development.

Unfortunately, West Orange fell behind on meeting New Jersey’s affordable housing
mandate. I reviewed the draft Fourth Round Housing Element and Fair Share Plan along
with state statutes. Here’s what you need to know:

Current Situation:
* Plan certification helps—but it doesn’t automatically stop lawsuits already filed. Pre-
existing builder’s remedy cases, like Mayfair Farms (Eagle Rock Ave) and Daughters of
Israel (Pleasant Valley Way), must still be resolved in court or through settlement. N.J.S.A.
52:27D 328 defines builder’s remedy litigation and the court’s ability to grant relief. Existing
lawsuits can continue unless the municipality has already obtained a judgment of
compliance.
* Once certification is in place, no new lawsuits based on past shortfalls can be successfully
filed. Without a certified plan, courts may decide on development approvals, limiting local
control and predictability.
Planning Strategies:
* Key examples of smart planning include special needs and senior housing, which can
earn bonus credits toward the state’s required total. There are limits under N.J.S.A. 52:27D
311(k):
* A municipality cannot satisfy more than 25% of its total prospective need through bonus
credits in a 10-year-round.
* Senior (age-restricted) housing can count toward the base obligation up to 30%, with only
10% of those units eligible for bonus credit.
* These types of housing won’t place additional strain on local schools.

From my years of leadership in the world’s largest advisory firms, I’ve learned that planning
is the most critical stage of any project. When planning is done right, it prevents last-minute
fire drills and missed deadlines—exactly what West Orange has experienced.
Smart planning means West Orange can meet its housing obligations AND keep our
schools strong.