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September 26, 2013

Re: NJ Supreme Court Decision-COAH Third Round Rules

Dear Mayor,

In 2008, the Council of Affordable Housing (COAH) promulgated its “3rd round” regulations.    COAH’s methodology for the 3rd round regulation was highly objectionable and problematic for municipalities.   As a result, the League of Municipalities, as well a number of individual municipalities brought forth legal challenges to the regulations.

Today, the New Jersey Supreme Court affirmed, in part, the Appellate Division decision which struck down the 2008 regulations.    This decision strikes down “growth share” as a means by which COAH can determine municipal affordable housing requirements.  The Supreme Court made it clear, however, that “the Legislature may determine to authorize new avenues for addressing regional need and promotion of affordable housing.”

The decision can be found at: http://www.judiciary.state.nj.us/opinions/supreme/A9010COAH_TBF.pdf

The League is in the process of reviewing the decision and will be issuing updates shortly.

If you have any questions please contact either Mike Cerra at (609) 695-3481 x120 or mcerra@njslom.org or Ed Purcell Esq. at (609) 695-3481 x 137 or epurcell@njslom.org.

 

Very truly yours,

Janice S. Mironov                                                       William G. Dressel, Jr
Mayor, East Windsor Twp                                            Executive Director   
President, NJLM                                                        

 

 

 

 

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