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COAH Regulations/Affordable Housing

Dear Mayor:

As you know, the League submitted comments outlining objections to the proposed COAH “third round” regulations.     For more on this, please see our Dear Mayor letter of March 25. 

Further, the League’s COAH Committee recommended to the League Executive Board that the League prepare for a possible legal challenge to set aside these regulations, after the anticipated June adoption, including a fundraising effort to prepare for such a challenge.   The League Executive Board has now approved this course of action.

We are, therefore, seeking pledges from municipalities that would be willing to contribute $500, should we decide to challenge the COAH regulations.      By seeking pledges now, we can assess the level of support amongst our membership for what will likely be expensive litigation.  Click Here for the Pledge Form 

This does not necessarily mean that the League will go to the Court to set aside the COAH regulations.    We anticipate the regulations to be in place on/around June 2, and we would have 45 days to file such a challenge.   Any final decision to proceed with litigation can not be made until we review the adopted regulations.  What we are doing is preparing ourselves in the event that litigation occurs.   We anticipate other stakeholders to file challenges, and believe that the voices of local government and taxpayers must be on equal footing with others challenging the regulations.

In fact, the League is doing everything within reason to administratively correct what we view as fundamentally flawed regulations based on arbitrary growth projections and an invalid methodology.    We are seeking changes to the proposed regulations and have even reached out to traditional adversaries to see if there is common ground.   In other words, we are hoping for the best, but preparing for the worst. 

Once a pledge form is submitted, League staff will follow up by phone to confirm.   We will not ask for any contributions until a challenge is authorized by the League Executive Board.  The League will defray any upfront costs, so please do not send in any contributions until we request so.

Questions on this correspondence can be directed to Mike Cerra at mcerra@njslom.com or  (609) 695-3481 x120.     

Very truly yours,

William G. Dressel, Jr.
Executive Director

 

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