By NJBA Land Use Counsel Thomas F. Carroll, III, Esq., of NJBA Patron Sponsor Hill Wallack LLP

A Bergen County judge has ruled against Englewood Cliffs in an affordable housing lawsuit, claiming the borough has “acted in bad faith” and “made a concerted effort to avoid compliance with its obligation.” The decision allows a private developer to sue the borough for the right to build an inclusionary development providing market units and affordable units. It also strips Englewood Cliffs of immunity from future affordable housing lawsuits, opening the door for developers to build hundreds of affordable housing units. Click here to read more.