In the Matter of the Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing, A-90 September Term 2010; Supreme Court; opinion by LaVecchia, J.; dissent by Hoens, J.; decided September 26, 2013. On certification to the Appellate Division, 416 N.J. Super. 462 (App. Div. 2010). [Sat below: Judges Skillman, Fuentes and Simonelli in the Appellate Division.] DDS No. 34-1-1444 [84 pp.]
In this appeal, the court considers 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). With those regulations, the Council on Affordable Housing (COAH) proposed a “growth share” methodology for assessing prospective need in allocating a municipality’s fair share of the region’s need for affordable housing.
