Andrew Bayer Quoted in Asbury Park Press, “Holmdel: NJ Overcalculated How Much Affordable Housing Must be Built in Our Town”
Andrew Bayer, chair of Public Entity Law at Pashman Stein Walder Hayden P.C., was recently quoted in an Asbury Park Press article titled, “Holmdel: NJ Overcalculated How Much Affordable Housing Must be Built in Our Town.” The article discusses how Holmdel Township voted to participate in the State’s process to establish the Township’s Fourth Round (2025-2035) prospective need affordable housing obligation but in so doing, the Township contested the State assigned obligation and argued that it should be reduced by 35 affordable housing units premised upon the State’s miscalculation of overall land capacity. Andrew Bayer, Holmdel Township’s affordable housing attorney, emphasized the importance of adopting the Resolution to participate in the State process so that the Township maintains immunity from builder’s remedy lawsuits, which could allow for the suspension of the Township’s zoning requirements and allow developers to build high density residential housing.
“By at least moving forward, adopting this resolution, (Holmdel) will retain immunity from builder’s remedy litigation, which is something the Township wants to do,” said Bayer.
Bayer also pointed out that the Township's efforts to lower its prospective need would significantly reduce the overall housing obligations. “By at least starting out and by reducing the obligation by 35 units, that is reducing the total number of potential total residential units by 150 units,” he stated.
Holmdel is further seeking a vacant land adjustment, which will further reduce the Township’s affordable housing obligation because it lacks sufficient developable land for large-scale housing development. The Township now awaits Fair Share Housing and the New Jersey Builder’s response to its assessment before finalizing a Housing Element and Fair Share Plan, which will set forth the strategy by which the Township will ultimately satisfy its Fourth-Round affordable housing obligation in the least impactful way possible on the community.
To read the full article in the Asbury Park Press, click here.