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July 11, 2016
Trenton, NJ
Corrected Copy
League Applauds Appellate Division Ruling
Today the Appellate Division issued a unanimous ruling
which reversed a lower court’s misinterpretation of the Fair Housing
Act that assigned a new and unrealistic affordable housing obligation
on municipalities. Specifically the Appellate panel wrote:
Applying the plain language of the FHA, the
guidelines and principles established by In re NJ.A.C.,5:96 II and
respecting the separation of powers doctrine, we conclude that the judge
erroneously imposed a requirement that a municipality undertake a new,
“separate and discrete” gap-period calculation-in addition to unmet
prior round obligations, present, and prospective needs-to establish a
municipality’s fair share affordable housing obligation.” (See pages
30-31 of ruling.)
The so-called “gap” period does not result from any
failures of local government. This “gap issue” arises out of COAH’s
inability to promulgate third round regulations from 1999 to the
present or make any final determination as to state and regional
housing need, as well as constant litigation by certain groups The
Fair Housing Act defines a municipal obligation to include present and
prospective need, and when it has developed a plan to address both
those needs, a town should be deemed compliant and allowed to
proceed.
League Executive Director Michael J. Darcy, CAE offered the following comment:
“The League supports the provision of affordable housing
in a reasonable and rational manner and we applaud Barnegat Township
for appealing the lower Court’s ruling. The Appellate Division’s
common-sense ruling upholds the legislative intent of the Fair Housing
Act and will facilitate municipal compliance. Further, it creates a
rational path forward that we anticipate will end costly litigation and
allow municipalities to move forward in meeting their community’s
affordable housing needs.
Contact: Michael Cerra, Assistant Executive Director at 609-695-3481, ext. 120 or by email
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