Under the MLUL, when can manufactured homes be restricted or excluded?

Manufactured homes can be restricted or excluded under the New Jersey Municipal Land Use Law (MLUL) when title to the land is held by someone other than the homeowner. This provision recognizes that if the homeowner does not own the land under the manufactured home, it may be challenging for them to exercise full property rights, including those related to zoning and land use. In these scenarios, municipalities have more flexibility to restrict or regulate manufactured homes, as the ownership structure complicates typical property ownership considerations.

Thus, when title resides with a different entity, the local government can impose certain restrictions to ensure that the land use aligns with community planning efforts, zoning regulations, and public safety standards. This legal framework is designed to facilitate coherent land use policies while also balancing the interests of homeowners who occupy manufactured homes but do not own the underlying land.