Michael J. Willner
Partner
201-896-7244 mwillner@sh-law.com
Affordable Housing Law
Scarinci Hollenbeck’s affordable housing law attorneys have spent more than two decades working with New Jersey municipalities to meet their constitutional obligations, which is a tremendous advantage to public agencies, developers, investors, lenders, and other entities involved in affordable housing projects.
Relying on their vast knowledge and real-world insight, our attorneys work with public and private entities throughout the state to bring affordable housing projects to life and advance New Jersey’s community development goals.
Key Contacts
Donald M. Pepe
Partner
732-568-8370 dpepe@sh-law.comAffordable Housing Law
Overview
Respected Authority on Affordable Housing Law
Scarinci Hollenbeck’s affordable housing team has represented more than 50 New Jersey municipalities in a wide range of affordable housing matters. During this time, we have enjoyed a front-row seat to the evolution of the state’s affordable housing system, from the implementation of the New Jersey Supreme Court’s Mount Laurel decisions to the abolishment of the Council on Affordable Housing (COAH) to ongoing affordable housing reforms.
What is the Mount Laurel Doctrine?
The Mount Laurel doctrine encompasses a series of affordable housing decisions by the New Jersey Supreme Court. In South Burlington County NAACP v. Mount Laurel, 67 N.J. 151 (1975) and South Burlington County NAACP v. Mount Laurel, 92 N.J. 158 (1983), the New Jersey Supreme Court established that each municipality has a constitutional obligation to provide through its land use regulations a realistic opportunity for the construction of their fair share of affordable housing.
Scarinci Hollenbeck: Your Affordable Housing Attorneys
The depth and breadth of our experience is not only an asset to New Jersey municipalities but allows us to provide invaluable insight to private developers as well. We understand the intricacies involved in the real-world application of the state’s affordable housing regulations, which allows us to successfully move projects forward in the most challenging circumstances.
Scarinci Hollenbeck’s affordable housing attorneys are also supported by talented professionals across the firm, including those with invaluable experience in finance, tax, commercial real estate, land use, construction, environmental, regulatory compliance, and litigation. No matter what obstacles may arise, we are confident that we have the team members needed to overcome them.
Comprehensive Legal Guidance for NJ Affordable Housing Projects
Successfully navigating complex affordable housing issues requires experienced and dedicated counsel. Scarinci Hollenbeck represents clients involved in every phase of an affordable housing project, including local and national developers, property owners, municipalities, redevelopment authorities, lenders, underwriters, and others. We are also equipped to handle the myriad of issues that can arise from project conception to completion.
Our New Jersey affordable housing professionals provide comprehensive guidance in a wide range of areas, including:
• Affordable housing litigation
• Bid protests
• Construction contracts, negotiation, drafting, and review
• Developer due diligence
• Environmental law issues
• Financing
• Joint ventures
• Master development agreements
• Mount Laurel affordable housing compliance
• Procurement law compliance
• Project financing and underwriting
• Property acquisition and disposition
• Regulatory compliance with all applicable federal, state, and local laws
• Solicitation documents, including invitations to bid or requests for proposals
• Site control documentation
• Tax credits and incentives, including Low-Income Housing Tax Credits (LIHTCs)
• Zoning, permitting, and related land use issues
Our affordable housing attorneys also provide legal guidance on Department of Housing and Urban Development (HUD) funds and programs, including housing choice and project-based (Section 8) vouchers, public housing, procurement, mixed-finance development, Rental Assistance Demonstration (RAD), Qualified Opportunity Zone (QOZ) program funding, Choice Neighborhoods, and more. For more information about our federal affordable housing experience, we encourage you to contact us.
FAQ about Affordable Housing Law
Affordable housing typically refers to housing that costs no more than 30% of a household’s income, including rent or mortgage and utilities. Legal definitions vary by jurisdiction but often align with HUD standards or state-specific regulations such as New Jersey’s Fair Housing Act.
We advise local governments on creating and implementing fair housing plans, negotiating developer agreements, updating zoning ordinances, and navigating obligations under Mount Laurel and related court decisions to meet state-imposed affordable housing requirements.
The Mount Laurel doctrine is a series of New Jersey Supreme Court rulings requiring municipalities to provide a realistic opportunity for the development of affordable housing. Our attorneys help towns meet their obligations while balancing local development goals.
Yes. Developers may receive benefits such as density bonuses, tax abatements, or expedited permitting by incorporating affordable units into their projects. We assist in structuring these deals, ensuring compliance with inclusionary zoning laws, and maximizing financial incentives.
A housing element is part of a municipality’s master plan that outlines its strategy for meeting affordable housing needs. The fair share plan details how the municipality intends to satisfy its regional housing obligation. We help draft, defend, and implement both.
Disputes may be resolved through declaratory judgment actions in Superior Court, mediation, or negotiation with the Fair Share Housing Center. We represent both municipalities and developers in these proceedings, advocating for fair and workable solutions.
Inclusionary zoning requires or incentivizes developers to include a percentage of affordable units in new residential developments. We draft and defend these ordinances, ensuring they are legally sound and align with local planning objectives.
Yes. We advise public and private clients on the legal and regulatory aspects of LIHTC projects, including compliance, partnership structuring, and coordination with housing authorities and state agencies.
Though no longer permitted in New Jersey, RCAs historically allowed municipalities to transfer a portion of their housing obligations to other towns. We help municipalities navigate current alternatives and understand how prior agreements may still impact planning.
Affordable housing law involves a complex intersection of land use, municipal law, state housing mandates, and federal funding requirements. Our attorneys offer strategic legal guidance to help clients avoid costly delays, reduce risk, and align with evolving regulations.
OUR commitment to excellence, combined with our mission to deliver outstanding client service, has earned our firm a solid reputation.
Scarinci Hollenbeck is a business law firm based in New Jersey, New York servicing clients worldwide.
If you have a legal need that is not mentioned, please contact us to discuss how we may help you.
Contact us today to learn more about how we can assist you.
Practice Area Attorneys
Why Choose Us?
As Your Affordable Housing Lawyer?
Affordable housing issues are complex and require the guidance of knowledgeable attorneys who can successfully navigate New Jersey’s ever-evolving system. The experience of Scarinci Hollenbeck’s affordable housing team is unparalleled.
Armed with our vast experience and industry insight, we are equally adept at helping local governments meet their constitutional obligations and developing strategies for builders to capitalize on affordable housing opportunities. Our affordable housing attorneys can also draw on the experience of peers from across the firm, which allows us to provide efficient and comprehensive legal guidance on the countless legal issues that can arise during an affordable housing project.
