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In 2015, the court directed that municipalities revise their housing elements and fair share plans “with good faith” and with “reasonable speed.” In re: N.J.A.C. 5:96 & 5:97, 221 N.J. 1, 33 (2015). Now, four and a half years later, the question of what constitutes “good faith” in these constitutional compliance cases is paramount, as the trial courts are now faced with whether a municipality’s housing element and fair share plan are consistent with the Mount Laurel obligations. The recent trial court decision in In re Englewood Cliffs, as well as the 2016 decision from Judge Wolfson in In the Matter of the Application of South Brunswick, both demonstrate what steps are necessary to establish “good faith” in these cases.

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