Dear Mayor:

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 Sheet

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 tactic.”   

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.

III. League Challenge to the COAH Regulations

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 mcerra@njslom.com or at (609) 695-3481 x120.

                                                                        Very truly yours,

                                                                        William G. Dressel, Jr.
                                                                        Executive Director