October 20, 2011
Re: Affordable Housing, Appellate Division Rulings
On Wednesday, the Appellate Division made two rulings of interest to municipalities regarding affordable housing and the implementation of Governor Christie’s Reorganization Plan, which abolished the Council on Affordable Housing (COAH) and transferred its responsibilities to the Department of Community Affairs (DCA.)
First, the Court denied an emergent motion brought by the Fair Share Housing Center (FSHC) to stay the implementation of the reorganization plan. Instead, the Court established a calendar to hear FSHC’s initial motion on February 15, 2012. This means that the reorganization plan continues to remain in effect.
Second, the Court granted FSHC’s motion to stay the “interim guidelines” issued by the DCA during this transitional period. These guidelines, which were intended to assist municipalities and expedite the process, are summarized in the article posted on the League’s website at: http://www.njslom.org/notices/092611-after-COAH.html.
Effectively, this means that the DCA must act according to the Administrative Procedures Act and propose regulations and go through a public hearing process before adopting the regulations. It is our understanding that new regulations will soon be published in New Jersey Register.
The League will seek further guidance from the DCA, and will update you on developments.
For more information, please see our Dear Mayor letter of September 16. Questions can be directed to Mike Cerra at email@example.com or 609-695-3481 x120.
Very truly yours,
William G. Dressel, Jr.