Attorney Jeffrey Kantowitz concentrates his practice in the areas of land use, affordable housing, zoning, and general civil and appellate litigation throughout New Jersey. Widely respected for his integrity, professionalism, and commitment to the highest ethical standards, his clients include families, individuals, privately held businesses, and publicly traded companies.

Jeffrey's land use and litigation work has taken him to communities throughout New Jersey. He regularly litigates in the courts of New Jersey, having argued cases before the New Jersey Supreme Court, the Appellate Division of the Superior Court, and various state trial courts - Law and Chancery Divisions of the Superior Court. (Before its demise, he often appeared before the New Jersey Council on Affordable Housing (COAH)). He counsels land owners and developers, and he has presented applications before numerous planning and zoning boards across the State. He has also lectured and written on issues related to affordable housing law, land use law, and the Open Public Records Act (OPRA).

ALERT: COVID-19 and rules regarding social distancing have affected the meetings and agendas of many municipal governing bodies, planning and zoning boards around the State of New Jersey, including the scheduling, noticing, and methods of hearings on ordinances and for land development applications. Practices vary widely throughout the State, as boards and governing bodies apply the guidelines and precautions associated with COVID-19 to State law pertaining to the conduct of public meetings and board hearings. Persons and applicants would be well advised to seek legal guidance to negotiate the new landscape created by COVID-19.

ALERT: PERMIT EXTENSION ACT OF 2020. On July 1, 2020, Governor Murphy signed the Permit Extension Act of 2020 (PEA). Generally speaking, all land use approvals issued by the New Jersey, counties, or local government bodies , which were valid and in effect as of March 9, 2020 shall remain in effect throughout the period of the public health emergency declared by Governor Murphy, and the running of time on these approvals shall be tolled for six (6) months after the end of the period of the public health emergency. There are many exceptions and details contained in the PEA pertinent to any particular approval. You should consult your legal representative as to any particular approval.

A diligent advocate, Jeffrey is known for his unwavering commitment to his clients, his deep knowledge of the law, his passion for pursuing what is right and fair, and his effort to provide practical, cost effective counsel. These qualities have earned him the respect of various state and local government boards and agencies throughout the State. He also receives high praise from colleagues and clients, having received a 10 rating on attorney rating website Avvo as well as consistent recognition as a Super Lawyer. For methodology see Super Lawyers and Avvo. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

ALERT: MID-POINT REVIEW OF AFFORDABLE HOUSING COMPLIANCE PLANS DUE JULY 1. Under the Fair Housing Act, municipal settlements of affordable housing declaratory judgment actions (many of which began in 2015) require a midpoint review of realistic opportunity due on July 1, 2020. The municipality must post on its web site, and provide to Fair Share Housing Center, a report as to its implementation of its affordable housing Compliance Plan, including an analysis of whether any unbuilt sites or unfulfilled mechanisms continue to present a realistic opportunity and whether any mechanisms to unmet need should be revised or supplemented. The municipal posting shall invite any interested party to submit comments to the municipality and FSHC as to whether any sites no longer present a realistic opportunity and should be replaced and whether any mechanisms to meet unmet need should be revised or supplemented. Any interested party may by motion request a hearing before the Superior Court.

Such midpoint reviews may present development opportunities for landowners and developers in towns, where it can be demonstrated that previously approved Compliance Plans do not provide a realistic opportunity to meet the town’s affordable housing obligations.