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No More Affordable Housing Required In Livingston Until 2035, Officials Say (Here’s Why)
Livingston, NJ Patch·2025-07-11 13:41

Core Points - Livingston has met its affordable housing quota for the next decade, with over nine years to spare, according to town officials [3][15][20] - The township's Fourth Round Housing Element and Fair Share Plan has been officially endorsed by the Livingston Township Council [4][19] Group 1: Housing Quota and Planning - The initial affordable housing requirement for Livingston was set at 461 units, which was later reduced to 430 units through a settlement [9][8] - A "Vacant Land Adjustment" (VLA) was applied, reducing the Realistic Development Potential (RDP) to only 13 units due to a lack of available land for new development [10][11] - The total obligation for the Fourth Round was calculated to be 94 units, which includes the RDP and 25% of the remaining adjusted prospective need [12][18] Group 2: Compliance and Future Planning - Livingston has already satisfied its Fourth Round obligation through strategic planning and the use of surplus credits from previous rounds [15][16] - The township has banked an additional 78.5 credits from Fourth Round projects, along with 31 surplus credits from the Third Round, to address future obligations [18][20] - No additional new projects are required until 2035, as the township has met its obligations with already approved projects [19][20] Group 3: Legal and Regulatory Framework - The new state law mandates that municipalities must satisfy their RDP through approved zoning, which Livingston has complied with [11][21] - The township is prepared to defend its Housing Element and Fair Share Plan against potential objections, particularly from the New Jersey Builders Association [21][22] - Upon resolution of any objections, the plan will be eligible for compliance certification, providing legal protection against builder's remedy lawsuits through 2035 [23]