In re Adoption of N.J.A.C. 5:96, 5:97 by N.J. Council on Affordable Housing

The issue before the Supreme Court in this case centered on the validity of the most recent iteration of regulations applicable to the third round of municipal affordable housing obligations (Third Round Rules) adopted pursuant to the Fair Housing Act (FHA). The Council on Affordable Housing proposed a "growth share" methodology for assessing prospective need in allocating a municipality’s fair share of the region’s need for affordable housing. The Supreme Court held that the Third Round Rules were at odds with the FHA, which incorporated the "Mount Laurel II" remedy. Although that thirty-year-old remedy imposed should not be viewed as a "constitutional straightjacket" to legislative innovation of a new remedy, the FHA remains the current framework controlling COAH's actions. With respect to the current version of the FHA, the Third Round Rules were deemed ultra vires. View "In re Adoption of N.J.A.C. 5:96, 5:97 by N.J. Council on Affordable Housing" on Justia Law