NEWS ARTICLE
February 23, 2010
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On February 9, 2010 Governor Chris Christie signed Executive Order No. 12. This Order established a 5 member Housing Opportunity Task Force which is charged with reviewing the effectiveness of the Fair Housing Act, the Council on Affordable Housing (“COAH”) and COAH’s regulatory structure in meeting the constitutional obligations under the Mount Laurel doctrine. The Task Force is to be chaired by Marcia Karrow, former Hunterdon County Freeholder and former State Senator (R – 23rd District).
The Executive Order directs the Task Force to consider a wide range of issues including how to determine whether a municipality should have any further affordable housing obligation, whether prior round or retroactive growth are appropriate as part of a fair share methodology, whether COAH’s 6 region configuration remains appropriate, how to incorporate “workforce” housing (typically considered housing affordable to those earning 80% to 120% of the regional median income) into the affordable housing concept, and how to incorporate the divergent State projections for housing and employment growth into a methodology considering also the need for open space preservation and environmental protection.
The Task Force report is due within 90 days, or by May 10, 2010. During that time period the Governor has ordered COAH to refrain from continuing to process applications for substantive certification or from otherwise implementing the Third Round rules. This restraint can be lifted at the request of an applicant providing that Acting DCA Commissioner Lori Grifa determines that COAH action is needed to prevent the loss of an affordable housing opportunity.
The Order does not mention municipalities which are under the Superior Court’s (rather than COAH’s) jurisdiction. Court municipalities should consult legal counsel about their options. The Fair Share Housing Center of Cherry Hill filed a lawsuit in the Appellate Division of the Superior Court immediately after the issuance of the Executive Order challenging the Governor’s authority to suspend COAH’s operations. A copy of Governor Christie’s Executive Order No. 12 may be accessed at the following link:
http://www.state.nj.us/infobank/circular/eocc12.pdf
Click on link below to view entire memo in PDF format.
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