Supreme Court of New Jersey Returns Affordable Housing Enforcement to the Courts

Posted by on Mar 11, 2015 in COAH and Affordable Housing Issues

By Thomas F. Carroll, III, Esq. and Stephen M. Eisdorfer, Esq.

On March 10, 2015, the New Jersey Supreme Court unanimously ruled that the courts will once again assume the lead role in enforcing the constitutional requirement, imposed by the Mount Laurel doctrine, that municipalities must create realistic opportunities for the construction of low and moderate income housing.

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N.J. Supreme Court Issues Decision on COAH Motion to Extend its Time for Adopting New Regulations

Posted by on Mar 19, 2014 in COAH and Affordable Housing Issues

By: Stephen Eisdorfer, Esq.

On March 14, 2014, the New Jersey Supreme Court ordered the New Jersey Council on Affordable Housing (COAH) to adopt new regulations establishing municipal fair share housing obligations no later than October 22, 2014.

The Court rejected COAH’s request for an open-ended extension of time to promulgate regulations. Instead, it adopted the argument made by Hill Wallack LLP on behalf of the New Jersey Builders Association (NJBA) that there must be a fixed deadline.

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Supreme Court Hears Argument on COAH Rule Appeals: What’s Next?

Posted by on Nov 20, 2012 in COAH and Affordable Housing Issues

By: Thomas F. Carroll, III, Esq.
On November 14, 2012, the New Jersey Supreme Court heard oral argument on the various appeals concerning the “third round” rules that were adopted by the Council on Affordable Housing (“COAH”). The Court reserved decision on the issues, with an opinion to be released sometime during the months to come. COAH has failed to operate with constitutional rules for 13 years – since the “second round” ended in 1999. It is hoped that the Supreme Court will now move quickly to release its opinion and fashion a remedy designed to bring about Mount Laurel compliance at long last.

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Acting Governor Guadagno Signs Bill to Extend Moratorium on 2.5 Percent Non-Residential Development Fee

Posted by on Aug 24, 2011 in COAH and Affordable Housing Issues, General Information, Legislation, Permit Extension Act, Retail/Commercial

By: Michael J. Lipari, Esq.
Today, Acting Governor Kim Guadagno signed a bill into law that extends a prior moratorium on the 2.5 percent non-residential development fee. This law (Legislative Bill S-2974) extends the moratorium for an additional two years, which should provide relief to commercial real estate developers.

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Court Holds Inclusionary Development Qualifies as “Inherently Beneficial Use” in Use Variance Applications

Posted by on Jul 8, 2011 in COAH and Affordable Housing Issues, Variances

By: Henry T. Chou, Esq.
On June 16, 2011, the Law Division of the Superior Court issued a decision in Estaugh Commons v. Haddonfield Borough Zoning Board of Adjustment that makes it harder for municipal land use boards to deny use variance applications by developers seeking to build affordable housing. At issue in the lawsuit was whether an inclusionary development proposed by a private developer should have been considered an “inherently beneficial use” by the Zoning Board of Adjustment when evaluating the developer’s use variance application.

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