TRENTON — In another blow to the embattled Council on Affordable Housing, a state appellate court Thursday threw out a new set of agency guidelines and ordered a full rewrite. The decision comes after months of wrangling as legislators and Gov. Chris Christie seek to overhaul affordable housing in New Jersey — in part by scrapping the council altogether....
Assemblyman Michael Patrick Carroll (R-Morris) spars with Lori Grifa, commissioner of the state Department of Community Affairs, as she testifies about the affordable housing bill that would dissolve COAH, during a hearing in Trenton in this November 2010 file photo.TRENTON — In another blow to the embattled Council on Affordable Housing, a state appellate court Thursday threw out a new set of agency guidelines and ordered a full rewrite.
The decision comes after months of wrangling as legislators and Gov. Chris Christie seek to overhaul affordable housing in New Jersey — in part by scrapping the council altogether. Lawmakers said they are working to square their differences with the governor, who conditionally vetoed a version of the overhaul bill that passed both houses of the Legislature last month. The bill is expected back in the Senate next week.
The housing guidelines revoked Thursday spell out how 181 municipalities can transfer their affordable-housing obligations to other local bodies. The court decision steered clear of issues directly related to housing, saying only that the council failed to follow a procedural law that calls for a longer period for public comments than the council allowed.
"Over the past couple years, COAH has responded to political pressure by avoiding public dialogue," said Kevin Walsh, associate director of the advocacy group Fair Share Housing Center, which submitted the appeal. "It’s easier for state agencies that are addressing difficult issues to issue edicts than to engage the public."
Lisa Ryan, a council spokeswoman, declined to comment except to say, "Governor Christie and his administration have been clear that in the absence of real legislative reform on COAH, these matters will continue to be dictated by the courts to the detriment of municipalities."
Few details on the new legislation (S1) have been released, but Sen. Raymond Lesniak (D-Union) said yesterday that it would still abolish the council.
"The (court) decision reinforces my determination to bring together the governor and both houses of the legislature to replace COAH," he said, adding that the agency was using "excessive and counterproductive regulations."
The council had argued that its guidelines were actually nonbinding recommendations, but the court disagreed because they were the only rules addressing the issue.
"It’s the right decision," said Michael Cerra, legislative analyst for the League of Municipalities. "I think a lot of agencies that operate on guidelines are going to have to take a step back."
By Salvador Rizzo and Megan DeMarco/The Star-Ledger