Search Site
Menu
101 Poor Farm Road | Princeton, New Jersey 08540
Home / Blog / Affordable Housing Decision

Affordable Housing Decision

Trishka Waterbury Cecil recently represented the town of Princeton before the Appellate Division of the Superior Court is New Jersey

In Avalon Princeton, LLC v. Princeton, 2017 WL 2544792 (App. Div. June 13, 2017), the Appellate Division held that under the plain language of the Uniform Housing and Affordability Controls (UHAC), N.J.A.C. 5:80-26.11(a), the affordability restrictions on low- and moderate-income affordable housing rental units must remain in place for at least thirty years, and must continue to remain in place until the municipality elects to release the units. The court further held that the municipal election to release the units must be made after the expiration of the initial thirty-year period, not before, and must be made by ordinance. The court held that the regulation in question preempts any local ordinance or language in a developer’s agreement to the contrary, and concluded that Princeton acted properly when it rejected Avalon’s attempt to record a deed restriction on the affordable units in its development pursuant to which the restrictions would have expired automatically at the conclusion of the initial thirty-year period.

A copy of the decision can be downloaded for free from Google Scholar (https://scholar.google.com/scholar_case?case=13385101032910667269).

By Karen Mason | Published August 2, 2017 | Posted in Uncategorized

Leave a Reply

Your email address will not be published. Required fields are marked *



  • Ed Schmierer Recognized as Outstanding Volunteer by Womanspace



  • Nicholas S. Taylor, Esq. joins Mason, Griffin & Pierson PC as an Associate.

    Nicholas is a member of the firm’s Business & Banking Practice Group and Real Estate Practice Group. Nick concentrates his practice in banking law, business formation, all aspects of business representation, and real estate. He will assist the firm’s Business & Banking Group in representing closely held businesses and local and national banks in business lending transactions as well as representing buyers and sellers of residential and commercial real estate.



  • Ed Schmierer honored with the David McAlphin Humanitarian Award



  • Edwin W. Schmierer, Esq moderates Affordable Housing Panel

    On June 23, 2022, Mason, Griffin & Pierson, PC, Director, Edwin W. Schmierer, Esq., moderated a panel discussion presented by Affordable Housing Professionals of New Jersey (AHPNJ) concerning the status of affordable housing delivery for the Third Round and preparation for the Fourth Round which commences July 1, 2025. Mr. Schmierer is the President of AHPNJ. The panelists included a representative from the Fair Share Housing Center, former Executive Director of the New Jersey Housing and Mortgage Finance Agency, the Chief of Multifamily Program for NJHMFA and a professional planner who has served as a Special Court Master in 40 plus municipalities for the implementation of Third Round Affordable Housing Plans. Mr. Schmierer chairs the firm's Government Practice Group which represents over 30 municipal governing bodies, land use board and affordable housing committees throughout the State of New Jersey.

Archives