October 1, 2008
I write to update you on a number of developments involving
the League’s challenge of the COAH regulations.
I. League Motion
to Extend December 31 Deadline
It is our understanding that the Court will shortly rule on
our motion to stay or suspend the December 31 deadline
to submit COAH petitions. While we believe we clearly laid out
the challenges faced by local governments in such a short time frame, we
cannot be assured that the Court will see it the same way. We
continue to urge you to do your best to get a plan into the agency by the
end of the year.
You can be assured that we will notify you immediately when
we learn of the Court’s actions. At this point, we do not know when the
actual League brief will be due to the Court.
II. COAH Fact
Yesterday, the Department of Community Affairs and COAH
issued a press release and a fact sheet, defending their regulations.
The DCA press release is online at: http://www.nj.gov/dca/news/news/2008/approved/080930.html
The COAH “fact” sheet is online at: http://www.nj.gov/dca/coah/factsheet.shtml
Clearly, we take exception to some of the comments in their
“fact” sheet, such as the implication that the concern about the property
tax implications resulting from their regulatory scheme is an “untrue fear
As leaders who are confronted with the challenges of
balancing the need for affordable housing with the myriad of issues pushed
upon you from the State, we leave it to you to judge if such comments from
a State agency are appropriate and accurate.
League Challenge to the COAH
As of the end of business last week, 235 municipalities
have made financial pledges towards the League challenge of the COAH
regulations. As referenced above, the Court has yet to inform us when
our brief is due, but we will advise you of this as soon as we know.
If your municipality has not yet pledged, but is interested
in doing so, a pledge form is online at: http://www.njslom.org/COAH-3rd-round-pledge.pdf
Questions on this correspondence can be directed to Mike
Cerra at firstname.lastname@example.org or at
(609) 695-3481 x120.
Very truly yours,
William G. Dressel, Jr.