Affordable units in new housing (inclusionary) in Newark

Each rule below links to the section of the Newark Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What Newark's code says

Newark code What Newark's code adds
How long units stay affordable	Affordable rental units must stay affordable for 55 years. Applies: Applies to affordable units built as an alternative to paying the housing impact fee. § 17.18.060 · code text These agreements shall have a term of fifty-five years for rental affordable units and a term of thirty years for for-sale units and shall require the affordable units to be rented to very low or low-income households at an affordable rent, or to be sold to very low, low or moderate income households at an affordable ownership cost. Affordable for-sale units must stay affordable for 30 years. Applies: Applies to affordable units built as an alternative to paying the housing impact fee. § 17.18.060 · code text These agreements shall have a term of fifty-five years for rental affordable units and a term of thirty years for for-sale units and shall require the affordable units to be rented to very low or low-income households at an affordable rent, or to be sold to very low, low or moderate income households at an affordable ownership cost.
Exemptions	Repairing or replacing a building damaged by fire or other calamity is exempt, if replacement construction begins within 1 year. Applies: Exempt from the housing impact fee. § 17.18.030 · code text Any structure proposed to repair or replace a building that was damaged or destroyed by fire or other calamity, and construction of the replacement building begins within one year. Housing for very low, low or moderate income households that fully mitigates its impact on affordable housing need is exempt. Applies: Exempt from the housing impact fee. § 17.18.030 · code text Housing for very low, low, or moderate income households that fully mitigates the development's impacts on the need for affordable housing.
Fee instead of units	The fee is per square foot of new floor area; additions to existing dwellings are excluded. Council resolution sets it. Applies: Housing impact fee on residential and non-residential projects, due at building permit. § 17.18.020 · code text The housing impact fee for residential and non-residential development projects shall be charged on a per square foot basis for new floor area, excluding additions to existing residential dwellings. The amount and calculation of each such fee shall be established by resolution of the city council.

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Frequently asked questions

Does Newark require affordable units in new housing?

Newark's code: Affordable rental units must stay affordable for 55 years. (Applies to affordable units built as an alternative to paying the housing impact fee.) (§ 17.18.060); Affordable for-sale units must stay affordable for 30 years. (Applies to affordable units built as an alternative to paying the housing impact fee.) (§ 17.18.060).

Affordable units in new housing (inclusionary) in Newark

What Newark's code says

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