NJ Supreme Court Authorizes Courts to Review Municipal Compliance with COAH
On March 10th, the New Jersey Supreme Court issued its ruling on the most recent case brought before it concerning the inability of the New Jersey Council on Affordable Housing (COAH) to issue "Third Round Rules" to meet the "constitutional obligation to zone in a manner that creates a realistic opportunity for producing a fair share of the regional present and prospective need for housing low- and moderate-income families." The Court had held oral argument on January 6, 2015 on Fair Share Housing Center's (FSHC) motion to enforce litigants rights, which was filed after the Council on Affordable Housing (COAH) failed to adopt the Third Round Rules on October 22, 2014.
In essence, the unanimous decision returned the determination of whether a municipality is meeting its obligations to the courts. There will be an initial 90-day transition period before the ruling goes into effect. During this time or for 30 days after, the Court outlined a process by which municipalities could affirmatively seek the protection of the courts from potential "builder's remedy" lawsuits, depending upon their responses to previously issued third round rules. In its decision, the Supreme Court also provided guidance as to how the need for affordable housing could be calculated similar to the methodology for the first and second round rules.
At the same time, it is important to note that the Supreme Court did indicate that the administrative process for dealing with this matter is preferable. To that end, they left open the possibility that COAH or the state legislature could take action to deal with this matter.
To read the Supreme Court opinion, click here. Recognizing the importance of this issue, we at the AHPNJ will continue to keep you updated as events warrant
