September 26, 2013
Re: NJ Supreme Court Decision-COAH Third Round Rules
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 firstname.lastname@example.org or Ed Purcell Esq. at (609) 695-3481 x 137 or email@example.com.
Very truly yours,
Janice S. Mironov William G. Dressel, Jr
Mayor, East Windsor Twp Executive Director