November 3, 2014
Re: COAH Update
On Friday, the Fair Share Housing Center (FSHC) filed a motion to enforce litigants’ rights, asking the New Jersey Supreme Court to effectively strip the Council on Affordable Housing (COAH) of its rulemaking authority. Their action follows COAH deadlocking on the vote to approve the agency’s proposed regulations. For more on that development, please see the October 21 Dear Mayor letter at: http://www.njslom.org/letters/2014-1021-COAH.html
In its motion, FSHC asks the Court to declare that municipalities are no longer protected from litigation by the COAH administrative process. Further, FSHC is asking: that litigation against municipalities proceed on a case-by-case basis; that the Court give “general guidance” to the lower courts by designating certain judges to handle the cases regionally; consolidate proceedings; that the Court direct the lower Courts to abide by the previous COAH methodology; and that the courts should proceed with dispatch.
The FSHC motion was filed in the existing case, which previously struck the 2008 COAH regulations. All parties in that case, including the League, have 10 days from the date of service (which will likely be the next day or two) to respond. Please bring this notice to the attention of your land use attorneys and planners.
Contact: Mike Cerra, email@example.com or 609-695-3481 x120.
Very truly yours,
William G. Dressel, Jr.