TRENTON — A state appellate decision released today invalidates a substantial portion of the New Jersey's affordable housing rules and gives the agency that oversees regulation five months to write new ones. In their 72-page decision, the three judges said they were addressing 22 appeals of the state Council on Affordable Housing's revised rules, which superseded previous regulations and...
Gov. Chris Christie (standing at right) takes a question from the audience as he holds a town hall meeting at Roxbury Township Municipal Complex to discuss property tax plan and affordable housing in this June file photo. TRENTON — A state appellate decision released today invalidates a substantial portion of the New Jersey's affordable housing rules and gives the agency that oversees regulation five months to write new ones.
In their 72-page decision, the three judges said they were addressing 22 appeals of the state Council on Affordable Housing's revised rules, which superseded previous regulations and were adopted in 2007.
"We conclude COAH's revised third round rules suffer from many of the same deficiencies as the original third round rules," the court said today. "Therefore, we once again invalidate substantial portions of those rules and remand to COAH."
COAH and affordable housing sprang from the state's Mount Laurel court decisions, which said all municipalities must provide their fair share of housing for lower income families.
"Today’s decision is good for New Jersey’s families, seniors, and people with special needs," said Kevin D. Walsh, associate director of the Fair Share Housing Center, a public-interest organization that appealed the regulations. "Municipalities can’t slam the door in their faces. Municipalities can’t use red tape to block homes that are ready to go, whether they are built by Habitat for Humanity or New Jersey’s private sector. This is a message to the governor and to opponents of fair housing in the Legislature that discriminatory and unconstitutional practices have no place in New Jersey.";
Legislation to abolish COAH (S1) is pending in the Legislature.
"There are no clear winners or losers," said Bill Dressel, director of the New Jersey State League of Municipalities. "While the court puts aside the burdensome third-round regulations, which were highly criticized by the league and local governments as being unrealistic and seriously flawed, the council has five months to develop new regulations."
"Bottom line," he continued, "the decision underscores the importance of the Legislature to pass legislation which would deal with this issue in an expeditious fashion — and that legislation is Senate 1."
Dressel said the league will work with Sen. Raymond Lesniak (D-Union), who sponsored S1, Assemblyman Jerry Green (D-Union), whose committee will hear the bill when it is introduced in that chamber, and the administration on the legislation. S1 has passed the Senate.
Lesniak said he expects to have revised legislation on the governor's desk in 30 days.
"What's clear from the decision is COAH cannot function under the current law," he said. "It just demonstrates we need S1 fast — signed into law as soon as possible."
Lesniak said the legislation, which has been criticized by a coalition of housing advocates and environmentalists, will resolve some technical issues and include "some improvements, some refinements and some clarifications."
He declined to elaborate.
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