A 628 New Jersey General Assembly · 2026-2027 Regular Session

Prohibits imposition of builder's remedy in exclusionary zoning litigation.

This bill (A 628) prohibits courts from awarding a "builder's remedy" in lawsuits challenging exclusionary zoning laws. It directly affects municipalities, developers, and affordable housing advocates involved in zoning litigation. The bill states that courts must instead impose other remedies if a municipality fails to provide a realistic opportunity for affordable housing development, banning court orders that require zoning changes to include market-rate housing as a condition for development. The Legislature states this remedy has historically produced excessive market-rate housing with little affordable housing, harming communities and the state. The bill takes effect immediately upon passage.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 13, 2026 Last action Jan 13, 2026