by Henry Kent-Smith, Esq.

On Tuesday, Judge Mary C. Jacobson denied a motion filed by the Township of West Windsor seeking an interpretation that the 1,000 unit cap should be applied to “pre-credited need,” which is the same ruling adopted by Judge Troncone in Ocean County. This interpretation would greatly reduce (by over 600 units) the number of new affordable units that would be required to be built in West Windsor.

Judge Jacobson denied the West Windsor motion, holding that the 1,000 unit cap is only applied AFTER all credits are deducted from the pre-credited need (“calculated need”). This ruling endorses Judge Wolfson’s interpretation of the 1,000 unit cap in Middlesex County, and results in the requirement that West Windsor build substantially more new affordable units as part of its compliance plan. This ruling should have persuasive effect statewide, as Judge Jacobson conducted a thorough analysis of the legislative and administrative history of the 1,000 unit cap in rending this positive ruling.

NJBA appreciates the pro bono representation of Henry Kent-Smith, Esq. and Irina Elgart, Esq. (NJBA Master Sponsor Fox Rothschild, LLP), who filed the opposition to this motion.