The New Jersey Supreme Court Issues Its Gap Period Decision

On January 18, 2017, the New Jersey Supreme Court held that municipalities do have an obligation to satisfy the unmet affordable housing obligations arising from 1999 through 2015, the so-called “gap period.”   In a decision that will be hailed as a victory for affordable housing advocates and developers, and a loss for municipalities, the Court […]

The Appellate Division Reverses COAH’s Gap Period Requirement

This is big. Affordable housing in New Jersey has taken another major turn in the Court system due to the latest decision in the Appellate Division handed down on July 11, 2016. Most importantly, the Court’s decision holds that the plain language of the Fair Housing Act of 1985 does not require a municipality to […]

Court Addresses “Catalyst” Requirement under Mt. Laurel Doctrine and Rejects Township’s “All or Nothing” Approach to Builder’s Remedy in Cranford Development Associates LLC v. Township Of Cranford, A-5822-12T2, ___ N.J. Super. ___ (App. Div. 2016).

Co-authored by Melissa A. Clarke In this recent affordable housing decision, the Appellate Division upheld a Union County trial court’s final order granting a builder’s remedy to plaintiff Cranford Development Associates, LLC (the “developer”) for the construction of a 360-unit residential development in Cranford. The court made several noteworthy points, the most significant of which […]

Interested In Affordable Housing? Now Is The Time To Put Municipalities On Notice

On March 10, 2015, the New Jersey Supreme Court (“Court”) placed affordable housing compliance back in the hands of the trial courts due to the ineffectiveness and inaction of the Council on Affordable Housing (“COAH”). Following a 90-day stay of its decision, the Court afforded municipalities previously under COAH’s jurisdiction a 30-day period to file […]

Affordable Housing Is Now In The Hands of the Trial Courts

This morning, the New Jersey Supreme Court issued an Order and unanimous Opinion on COAH’s failure to adopt third round affordable housing regulations. In a nutshell, it held that due to COAH’s inaction, “there no longer exists a legitimate basis to block access to the courts.” Although the Supreme Court dissolved the exhaustion-of-remedies requirement from […]

Fourteen Years Later And Still No Third Round Regulations

On October 20, 2014, the Council on Affordable Housing (“COAH”) convened ostensibly to adopt its third set of Third Round Regulations in order to meet the October 22, 2014 deadline imposed by the New Jersey Supreme Court on March 14, 2014. After a 14-year delay in adopting valid Third Round Regulations, COAH once again missed […]

COAH Releases Its Long-Awaited Regulations

On April 30, 2014, COAH finally released its third iteration of the Round Three affordable housing regulations (“Proposed Regulations”). The Proposed Regulations are now available on COAH’s website. As in the past, COAH’s Proposed Regulations assign municipalities their affordable housing obligations and confirm that municipalities who submit to COAH’s jurisdiction will be protected from builder’s […]

The COAH Saga Continues

On March 7, 2014, the Appellate Division entered yet another Order in the ongoing affordable housing quagmire.  On September 26, 2013, the New Jersey Supreme Court directed COAH to promulgate its third set of Round Three regulations — now 14 years overdue — by February 26, 2014.  Instead of complying with the Court’s Order, COAH […]

COAH’s Third Round Rules Struck Down By New Jersey Supreme Court. Good For Builders?

On September 26, 2013, the New Jersey Supreme Court issued its long awaited decision of In re Adoption of N.J.A.C. 5:96 & 5:97 by N.J. Council on Affordable Housing which upheld and modified the Appellate Division’s decision striking down the Council on Affordable Housing’s (“COAH”) revised third round rules. By way of background, municipalities have […]

Appellate Court Resurrects COAH

In a blow to the Christie administration’s affordable housing policy, the Appellate Division of Superior Court has decided that the Governor lacks authority to abolish the Council on Affordable Housing (COAH). This March 8, 2012 decision is the most recent development in New Jersey’s long-standing affordable housing saga, which dates back to the 1975 Supreme […]