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May 21, 2013

Re: COAH, Affordable Housing Trusts Appellate Division Injunction in Place

Dear Mayor,

Yesterday, the Attorney General’s office filed with the NJ Supreme Court a request to  appeal the May 13 Appellate Division injunction putting on hold the decision of the Council on Affordable Housing (COAH) to seize municipal housing trust funds.    The League will join in responding and opposing the State’s request.

As we previously advised, COAH adopted a May 1 resolution which authorized the State to begin its efforts to take up to $166 million in municipal affordable housing trust funds. (Please see the League’s May 14 letter for more on this injunction: http://www.njslom.org/letters/2013-0514-Affordable-Housing.html)    The Appellate Division injunction remains in place and effectively blocks COAH’s actions.  

As a result of the court injunction, municipal responses and payment to COAH of “uncommitted” funds are not dueby May 22.    While you may want to continue to prepare and have your responses prepared if it becomes necessary to submit at some future date, you do not need to reply to COAH by Wednesday.   

Additionally, the League will be filing a brief in support of Fair Share’s emergent motion, which put the injunction in place and will participate in the June 5 Appellate Division hearing.

We would urge you to continue to consult with your attorneys on this matter.    Questions can be directed to Mike Cerra at mcerra@njslom.com or 609-695-3481 x120.

Very truly yours,

Janice S. Mironov, President,
New Jersey State League of Municipalities,
Mayor, East Windsor Township

William G. Dressel, Jr.
Executive Director

 

 

 

 

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