June 8, 2020 - An important date, July 1, 2020, is fast approaching. On that date, towns that have settled their affordable housing lawsuits (which followed in the wake of the 2015 decision by the Supreme Court) are required to post on their websites and submit to Fair Share Housing Center, Midpoint Review Reports detailing the status of their implementation of their Compliance Plans and an “analysis of whether any unbuilt sites or unfulfilled mechanisms [that were included in their approved Plans] continue to present a realistic opportunity and whether any mechanisms to meet unmet need should be revised or supplemented.” The posting shall invite interested parties to submit comments on these issues, i.e., “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 court regarding these issues.”

In the same manner that the declaratory judgment lawsuits (during the past several years) provided a forum and opportunity for landowners and developers to seek enhanced zoning rights in conjunction with helping a town satisfy its affordable housing obligation, this Midpoint Review Report and Comment process offers the same opportunity to landowners and developers. The explicit opportunity to move before a court means that legitimate and justified critique of a town’s Plan will be heard and considered and could result in a landowner gaining enhanced zoning rights that it was unable to achieve during the declaratory judgment litigation.