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March 7, 2014

Re: Appellate Division orders COAH to meet and adopt regulations

Dear Mayor:

The Appellate Division today issued an order directing the Council on Affordable Housing (COAH) to meet on Wednesday, March 12, Wednesday, March 26 and Wednesday, May 14 to propose and adopt new regulations.

The New Jersey Supreme Court previously directed COAH to adopt regulations by February 26. On that day, the State requested an extension from the Court, and indicated that COAH would propose new regulations by May 1 and publish the regulations for the public comment period in the _JUNE 2 NEW JERSEY REGISTER_.

This lower court decision resulted from a motion for emergent relief from the Fair Share Housing Center. Fair Share asked the Appellate Division to strip COAH of its rulemaking authority and appoint a special master to develop new regulations. In the alternate, Fair Share asked the Court to strip municipalities of their legal protections associated with COAH certification and allow towns to be taken to Court.

The League, along with other municipal representatives, wrote briefs and participated in oral argument to oppose the Fair Share motion.

The Appellate did not grant that relief sought by Fair Share, but instead ordered COAH to meet regularly, propose and adopt regulations by the May 14 date. COAH did submit an application to file an emergent appeal late Friday.

The New Jersey Supreme Court has not yet ruled on COAH’s request for an extension.

The Appellate order is online at:
http://www.judiciary.state.nj.us/dm40174853.pdf [1]

The League is reviewing this decision and will provide more information as soon as possible. In the meanwhile, questions can be directed to Mike Cerra, Director of Government Affairs, at:

mcerra@njslom.com or 609-695-3481 x120.

Very truly yours,

William G. Dressel, Jr.
Executive Director

 

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