[Massplanners] NJ court invalidates age-55 zoning restriction

[Lynne D. Sweet]

In Massachusetts, on the affordable units in a 40B ownership project, you can not restrict children (or person under ehte age of 18) from the living in them. This was allowed in older projects, but not anymore.    Lynne

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Lynne D. Sweet
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From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Richard McCarthy via MassPlanners
Sent: Friday, August 9, 2024 10:45 AM
To: Dwight Merriam <dwightmerriam at gmail.com>; CT_PLANNING_PROFESSIONALS-L at listserv.uconn.edu
Cc: Mass Planners <massplanners at masscptc.org>
Subject: [Massplanners] NJ court invalidates age-55 zoning restriction

Good morning Dwight,

I always found it strange we could discriminate based on age.  I’m glad I work and live in Massachusetts.  Wouldn’t want to work in Florida if this gains legs.

Have a great weekend.

Richard J. McCarthy, Jr.
Town Planner
1 Liberty Lane
Norfolk, MA 02056
508-440-2807
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From: MassPlanners <massplanners-bounces at masscptc.org<mailto:massplanners-bounces at masscptc.org>> On Behalf Of Dwight Merriam via MassPlanners
Sent: Friday, August 9, 2024 10:23 AM
To: Massachusetts Planners <massplanners at masscptc.org<mailto:massplanners at masscptc.org>>; CT_PLANNING_PROFESSIONALS-L at listserv.uconn.edu<mailto:CT_PLANNING_PROFESSIONALS-L at listserv.uconn.edu>
Subject: [Massplanners] NJ court invaildates age-55 zoning restriction

Good morning.

It's a NJ state court decision so it's not precedent in other states but may be persuasive. Copycat litigation should be expected.

NJ Appellate Division Rules that Municipal Ordinance Restricting Ownership to Individuals Over 55 Violates Fair Housing Act and NJ Law Against Discrimination | Greenbaum, Rowe, Smith & Davis LLP - JDSupra
(https://www.jdsupra.com/legalnews/nj-appellate-division-rules-that-7557170/)

https://www.daypitney.com/insights/publications/2024/08/5-nj-appellate-division-ordinance-ownership-age-restricted/

https://www.cnscaseportal.com/opinions/1435346/new-jersey-realtors-v-township-of-berkeley/?_page=2&query=filedAt%3A%222024-07-31%22&filters[period]=2&filters[courts][]=&acs[courts][]=&filters[nos][]=&ns[nos][]=&filters[categories][]=<https://www.cnscaseportal.com/opinions/1435346/new-jersey-realtors-v-township-of-berkeley/?_page=2&query=filedAt%3A%222024-07-31%22&filters%5bperiod%5d=2&filters%5bcourts%5d%5b%5d=&acs%5bcourts%5d%5b%5d=&filters%5bnos%5d%5b%5d=&ns%5bnos%5d%5b%5d=&filters%5bcategories%5d%5b%5d=>


Regards,
Dwight


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