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May 1, 2013

RE: COAH meets and authorizes the taking of municipal housing trust funds

Dear Mayor,

Earlier today, the Council on Affordable Housing (COAH) met and by a 4-1 vote authorized a resolution empowering COAH staff to begin the process of seizing “uncommitted” municipal affordable housing trust funds. The League is now reviewing the resolution in its entirety.  It was not available for public review before or during the meeting.   

Based on the comments from DCA Commissioner Constable and COAH board members, it appears municipalities with housing trust fund dollars will receive a letter shortly from COAH asking for each  municipality to certify how much of its trust fund dollars are committed and uncommitted.  The municipality will have until May 22 to reply to COAH.

The COAH Acting Executive Director and staff will review the municipal certifications and make a recommendation as to how much of the municipality’s trust funds are uncommitted and subject to seizure.   It was also stated by the DCA Commissioner and COAH board members that the Council will reconvene to consider and approve the taking of any trust fund dollars.

The League will further review the resolution and will provide an updated letter on this as soon as possible.  In the meanwhile, we point out that the failure of COAH to promulgate regulations on the trust funds is currently before the Appellate Division.  We expect oral argument in that case later this spring.

Questions can be directed to Mike Cerra at or 609-695-3481 x120.

Very truly yours,

William G. Dressel, Jr.
Executive Director



**PLEASE NOTE:  As of May 15, 2013 we will no longer fax our Membership Advisories unless you specifically request it. Please contact Shirley Cade at or 609-695-3481 ext. 114 ONLY if you choose to continue having our Advisories faxed to your Municipality.  NJLM Advisories are posted daily on our website at




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