New Jersey § 52:27d-317
Full text of New Jersey New Jersey Statutes § 52:27d-317, with citation guidance and answers to common questions.
§ 52:27d-317.
a. In any exclusionary zoning case filed against a municipality which has a substantive
certification and in which there is a requirement to exhaust the review and mediation
process pursuant to section 16 of this act, 1 there shall be a presumption of validity attaching to the housing element and ordinances
implementing the housing element. To rebut the presumption of validity, the complainant shall have the burden of proof
to demonstrate by clear and convincing evidence that the housing element and ordinances
implementing the housing element do not provide a realistic opportunity for the provision
of the municipality's fair share of low and moderate income housing after allowing
for the implementation of any regional contribution agreement approved by the council. b. There shall be a presumption of validity attaching to any regional contribution
agreement approved by the council. To rebut the presumption of validity, the complainant shall have the burden of proof
to demonstrate by clear and convincing evidence that the agreement does not provide
for a realistic opportunity for the provision of low and moderate income housing within
the housing region. c. The council shall be made a party to any exclusionary zoning suit against a municipality
which receives substantive certification, and shall be empowered to present to the
court its reasons for granting substantive certification. 1
N.J.S.A. § 52:27D-316.
Frequently Asked Questions About New Jersey § 52:27d-317
What does New Jersey Statutes § 52:27d-317 cover?
Section 52:27d-317 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 52:27d-317?
A common citation format is "New Jersey Statutes § 52:27d-317" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 52:27d-317 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.