08-24-09 HOMES OF HOPE, INC. V. EASTAMPTON TOWNSHIP LAND USE
PLANNING BOARD
A-5551-07T2
The issue presented is whether affordable housing continues
to constitute an inherently beneficial use for purposes of
obtaining a use variance, N.J.S.A. 40:55D-70d(2), after the
municipality in which the property is located has met its fair
share obligation under the Fair Housing Act (FHA), N.J.S.A.
52:27D-301 to -329.19, and its concomitant regulations. We
conclude that a municipality's compliance with the FHA by
meeting its fair share obligation does not impact affordable
housing's inherently beneficial use status for purposes of
obtaining a use variance. Affordable housing continues to
foster the general welfare and constitutes a special reason to
support a use variance.
Chase Smith assistant editor
