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June 7, 2013

Re: Appellate Division Order, Affordable Housing Trust Funds

Dear Mayor,

The Appellate Division today has issued an order regarding the stay issued regarding seizure of the municipal affordable housing trust funds.   Essentially, the order vacates the stay on the taking of the housing trusts funds, but it also vacates COAH's May 1 letter and because "COAH has failed to function in a consistent manner with respect to these issues," establishes, "...a process that at least comports to the rudimentary notions of due process."

COAH must now issue new letters, giving notice to all parties on the respective service lists, including municipalities, and give all parties 30 days from receipt of the letter to respond, during which period COAH is not allowed to seize any funds.

EFEECTIVELY THIS MEANS THAT MUNICIPALITIES ARE NO LONGER REQUIRED TO RESPOND BY MONDAY, JUNE 10 TO THE MAY 1 AND MAY 31 LETTERS.

 The League is reviewing the order and will send out another letter on Monday.  A copy of the order is at:  http://www.njslom.org/letters/Stay-Order-A-5257-11T4.pdf

Questions can be directed to Mike Cerra at mcerra@njslom.com or 609-695-3481 x120.

Very truly yours,

Janice S. Mironov,
President, League of Municipalities
Mayor, East Windsor Township
William G. Dressel, Jr.
Executive Director

 

 

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