No builder’s remedy shall be granted to a plaintiff in any exclusionary zoning litigation which has been filed on or after January 20, 1983, unless a final judgment providing for a builder’s remedy has already been rendered to that plaintiff. This provision shall terminate upon the expiration of the period set forth in subsection a. of section 9 of this act for the filing with the council of the municipality’s housing element.

For the purposes of this section, “final judgment” shall mean a judgment subject to an appeal as of right for which all right to appeal is exhausted.

For the purposes of this section, “exclusionary zoning litigation” shall mean lawsuits filed in courts of competent jurisdiction in this State challenging a municipality’s zoning and land use regulations on the basis that the regulations do not make realistically possible the opportunity for an appropriate variety and choice of housing for all categories of people living within the municipality’s housing region, including those of low and moderate income, who may desire to live in the municipality.

For the purposes of this section, “builder’s remedy” shall mean a court imposed remedy for a litigant who is an individual or a profit-making entity in which the court requires a municipality to utilize zoning techniques such as mandatory set-asides or density bonuses which provide for the economic viability of a residential development by including housing which is not for low and moderate income households.

L. 1985, c. 222, s. 28, eff. July 2, 1985, operative July 2, 1985.