Council On Affordable Housing Issues New Draft Regulations For Affordable Housing

Earlier this month the Council on Affordable Housing (“COAH”) issued a new set of draft regulations in response to a recent ruling from the New Jersey State Supreme Court to replace, albeit for the third time, what had been commonly referred to as the “Third Round” regulations.  The issuance of

NJ Supreme Court Stays Order Establishing Deadline for COAH to Promulgate Fair Housing Rules

Last week, the Appellate Division of the New Jersey Superior Court ordered the New Jersey Council on Affordable Housing (COAH) to sit down and get to work. The agency had requested an extension of time to promulgate new fair housing regulations, as required by the Supreme Court of New Jersey

NJ Supreme Court Rules Supportive Housing Programs Entitled to Property Tax Exemptions

In Advance Housing v. Teaneck, the Supreme Court of New Jersey upheld the tax-exempt status of two non-profit institutions that provide supportive housing and services. In doing so, the court rejected the arguments of several New Jersey municipalities that there was not a sufficient nexus between the housing and support

NJ Supreme Court Upholds Commissioner of Education’s Charter School Denial

The Supreme Court of New Jersey recently upheld the New Jersey Commissioner of Education’s (Commissioner) decision to deny Quest Academy’s application to open a charter school in Montclair. The court ruled that “the Commissioner’s decision to deny Quest Academy’s charter school application was amply supported by the record and was

NJ Appeals Court Rules Municipalities May Be on the Hook for Loss of Ocean Views, But Facts May Limit Application of Ruling

As New Jersey communities continue to recover from Hurricane Sandy, the Appellate Division of the New Jersey Superior Court has ruled that property owners may be entitled to compensation when protective sand dunes block their views of the ocean, when the property owners’ claims arise out of the municipality’s breach

NJ Supreme Court Rejects “Third Round” COAH Rules

The Supreme Court of New Jersey has instructed the Council on Affordable Housing (COAH) to go back to the drawing board. It rejected COAH’s proposed a “growth share” methodology for assessing prospective need in allocating a municipality’s fair share of the region’s need for affordable housing. Under the growth share

NJ Appeals Court Rules Wildwood Police Officer Can’t Serve Double Duty as Mayor

While many New Jersey police officers work extra hours, holding elected office is not a permissible second job. In Adair v. Wildwood, the Appellate Division of the New Jersey Superior Court recently ruled that Wildwood police officer Gary DeMarzo could not also serve as the city’s mayor. The Facts of

NJ Appeals Court Rules Seaside Park Can’t Withdraw from School District

The Appellate Division of the Superior Court of New Jersey recently ruled that Seaside Park may not withdraw from the Central Regional School District. The case provides a comprehensive overview of regional school funding as well as the legal process for dissolving or withdrawing from a regional school district. The