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When I speak to municipal officials across
the state, what hits home with me (pardon the pun) is
housing issues. I am struck by how well intentioned but
misguided policies have not only failed to provide housing
for low and moderate income families, but have had many
unintended, harmful consequences.
In July, the New Jersey Builder's Association (NJBA) petitioned
the Council on Affordable Housing (COAH), seeking to nullify
all extended substantive certifications. Fifty-five municipalities
that had received COAH certification based on the second-round
numbers were granted or were seeking extended certification
until one-year after the release of the third-round numbers.
These municipalities did not try to dodge their fair share,
but in fact expressed their commitment to again seek certification
for the third round. Apparently, that does not matter
to the builders, who claim that COAH "illicitly extended"
these certifications. The NJBA wants to strip these municipalities
of certification and expose them to builder's remedy litigation.
In August, the New Jersey State Supreme Court released
three decisions related to affordable housing. While the
Borough of High Bridge won its case, taken as a whole,
these decisions leave in place public policies that have
been a demonstrable failure. Specifically, the Court chose
to leave the builder's remedy in place. This, despite
the fact this aptly named "remedy" has led to
sprawl, burdened our infrastructure and increased property
taxes. And, most importantly, has failed to deliver affordable
housing.
The League is reacting to these developments. League staff
and counsels worked with representatives of the municipalities
in drafting a brief which 47 municipalities signed. The
League also worked with Assemblywoman Linda Greenstein
and Senator Rich Bagger in drafting legislation to clarify
that COAH does indeed have the authority to grant extended
certification.
Municipal officials are caught in the middle here. Housing
advocates claim municipalities try to dodge their fair
share. The builders are intent on paving the Garden State.
Environmentalists argue that not enough is being done
to curb sprawl and development. The one thing they all
have in common: they blame municipal officials.
But the truth is municipal officials must balance these
competing interests. They try to do what is best for their
community and the taxpayers they represent.
Policies for affordable housing have, for far too long,
been skewed in favor of the builders. It's time to level
the playing field. It's time to reform COAH regulations,
so that municipalities are encouraged, not discouraged,
to go to COAH. It's time for the Courts to rely on the
Legislature to craft a solution. And it's time for the
Legislature to craft that solution, modify the builder's
remedy and offer real incentives for housing, urban redevelopment
and revitalization.
NJLM - From 407 West State Street - November 2002
FROM
407 WEST
STATE STREET..... |
 |
| It's
Time to Fix Our Housing Woes |
|
When I speak to municipal officials across
the state, what hits home with me (pardon the pun) is
housing issues. I am struck by how well intentioned but
misguided policies have not only failed to provide housing
for low and moderate income families, but have had many
unintended, harmful consequences.
In July, the New Jersey Builder's Association (NJBA) petitioned
the Council on Affordable Housing (COAH), seeking to nullify
all extended substantive certifications. Fifty-five municipalities
that had received COAH certification based on the second-round
numbers were granted or were seeking extended certification
until one-year after the release of the third-round numbers.
These municipalities did not try to dodge their fair share,
but in fact expressed their commitment to again seek certification
for the third round. Apparently, that does not matter
to the builders, who claim that COAH "illicitly extended"
these certifications. The NJBA wants to strip these municipalities
of certification and expose them to builder's remedy litigation.
In August, the New Jersey State Supreme Court released
three decisions related to affordable housing. While the
Borough of High Bridge won its case, taken as a whole,
these decisions leave in place public policies that have
been a demonstrable failure. Specifically, the Court chose
to leave the builder's remedy in place. This, despite
the fact this aptly named "remedy" has led to
sprawl, burdened our infrastructure and increased property
taxes. And, most importantly, has failed to deliver affordable
housing.
The League is reacting to these developments. League staff
and counsels worked with representatives of the municipalities
in drafting a brief which 47 municipalities signed. The
League also worked with Assemblywoman Linda Greenstein
and Senator Rich Bagger in drafting legislation to clarify
that COAH does indeed have the authority to grant extended
certification.
Municipal officials are caught in the middle here. Housing
advocates claim municipalities try to dodge their fair
share. The builders are intent on paving the Garden State.
Environmentalists argue that not enough is being done
to curb sprawl and development. The one thing they all
have in common: they blame municipal officials.
But the truth is municipal officials must balance these
competing interests. They try to do what is best for their
community and the taxpayers they represent.
Policies for affordable housing have, for far too long,
been skewed in favor of the builders. It's time to level
the playing field. It's time to reform COAH regulations,
so that municipalities are encouraged, not discouraged,
to go to COAH. It's time for the Courts to rely on the
Legislature to craft a solution. And it's time for the
Legislature to craft that solution, modify the builder's
remedy and offer real incentives for housing, urban redevelopment
and revitalization.
With so much happening on this issue, all I can say is
"It's Time."

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