Affordable Housing Legislation Addresses COAH “Gap” Period

Affordable Housing Legislation Addresses COAH “Gap” Period

Legislation is currently pending in the New Jersey Senate and Assembly that would clarify municipal affordable housing obligations. The proposed bills clarify that such obligations should only reflect present and prospective need. As previously discussed on the Scarinci Hollenbeck Government & Law Blog, an Ocean County Superior Court Judge recently

New Jersey Voters to Decide Library Funding Question

NJ Appeals Court Bars Seizure of COAH Funds

The saga involving New Jersey’s Council on Affordable (COAH) has yet another chapter. The Appellate Division recently enjoined he seizure of any trust funds by COAH or the executive branch. It further held in In Re Failure of the Council of Affordable Housing Trust Fund Commitment Regulations that the courts

Administration of NJ Affordable Housing Rules Goes Back to the Court

On March 10, the Supreme Court of New Jersey transferred the administration of affordable housing rules back to the courts, effectively stripping the “moribund” Council on Affordable Housing (COAH) of any power to regulate where and when affordable housing will be built in New Jersey. The much-anticipated decision opens yet

Proposed DLGS Rule Defines “Managerial Executive Employees” Under Local Government Ethics Law

COAH Fails to Adopt Third Round Regulations: What’s Next?

On October 20, 2014, the Council on Affordable Housing (COAH) reached a deadlock and failed to adopt the proposed “third round regulations.” A motion to table the regulations for 60 days also failed by a three to three vote. The Supreme Court of New Jersey required COAH to adopt Third Round

NJ Appeals Court: “Highest and Best Use” Must Be Legally Permissible Under Zoning Laws

NJ Affordable Housing Update: Gov. Christie Conditionally Vetoes Moratorium on Non-Residential Development Fee

Gov. Chris Christie recently issued a conditional veto on legislation that would have retroactively reinstated and extended the moratorium on the collection of the 2.5% developer’s fee on non-residential development projects. In his veto message, the Governor called for more comprehensive reform of the Fair Housing Act and the programs

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 Governor Lacked Authority to Abolish COAH

Earlier this month, the Supreme Court of New Jersey issued yet another decision regarding the state’s controversial affordable housing program. By a vote of 5-2, the panel held that Gov. Chris Christie’s attempt to abolish the Council on Affordable Housing (COAH) exceeded his authority. As previously discussed on the Scarinci