Navigating New UHAC Requirements: Practical Challenges for New Jersey Inclusionary Housing Developers

Kevin J. Moore, Partner in the Real Estate Group, authored the article “Navigating New UHAC Requirements: Practical Challenges for New Jersey Inclusionary Housing Developers” published in the 2026 summer edition of the Mercer County Lawyer, the seasonal newsletter of the Mercer County Bar Association.

Introduction

The Uniform Housing Affordability Controls, commonly known as “UHAC,” establish the regulatory requirements applicable to affordable housing units in New Jersey. These requirements apply both to fully affordable housing developments and to mixed-income projects that include market-rate and affordable units, commonly referred to as “inclusionary developments.” The New Jersey Housing and Mortgage Finance Agency adopted the current UHAC rules on December 20, 2024, and amended them on November 6, 2025. Although intended to provide uniform standards for affordable housing compliance, the new rules are complex, in some respects unclear, and likely to create practical challenges for developers. The provisions governing income distribution, bedroom distribution, unit size, occupancy standards, and construction timing are among the most significant for inclusionary developments and are the focus of this article.

Read the full article in the newsletter.

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