407 West State Street, Trenton, NJ 08618  (609)695-3481  New Jersey League of Municipalities logo 
William G. Dressel Jr, Executive Director - Michael J. Darcey, CAE, Asst Executive Director
FROM 407 WEST
STATE STREET.....
Executive Director Bill Dressel
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.
NJLM - From 407 West State Street - November 2002
407 West State Street, Trenton, NJ 08618  (609)695-3481  New Jersey League of Municipalities logo 
William G. Dressel Jr, Executive Director - Michael J. Darcey, CAE, Asst Executive Director
FROM 407 WEST
STATE STREET.....
Executive Director Bill Dressel
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."


Bill Dressel Signature


 

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