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March 13, 2014

RE:  I.   NJ Supreme Court stays Appellate order on COAH
         II.   Commercial Development fee

Dear Mayor:

I.   NJ Supreme Court stays Appellate order on COAH

Late Tuesday, the New Jersey Supreme Court stayed the Appellate Division order requiring COAH to begin meeting immediately to develop newly proposed regulations.   For more on that order, which is now stayed, please see the League’s March 7 letter (

As a result of the stay, COAH cancelled its emergency meeting scheduled for yesterday, March 12.    COAH’s request to the Supreme Court for an extension (please see the League’s February 27 letter is pending.

II.   Commercial Development fee

The League has received many inquiries regarding the 2.5% on non-residential development.   The suspension of the fee expired last July 1, 2013.     Legislation to again suspend the fee moved during the lame duck legislature, but ultimately did not pass both houses.    

While new legislation to again suspend the fee has been introduced, nothing has advanced to date.  That means municipalities with affordable housing trust funds are to collect the fee, pursuant to P.L. 2008. c46.   

For background on the statewide non-residential fee, please see the DCA memo to tax assessor of June 26, 2008 (   and the DCA letter to construction officials of the same date (

If you have any questions or need additional information please contact Mike Cerra, Director of Government Affairs, at 609-695-3481 x120,

Very truly yours,

William G. Dressel, Jr.
Executive Director


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