New Jersey Supreme Court Invalidates COAH’s Third Round Rules


Today, a divided Supreme Court of New Jersey invalidated the affordable housing rules adopted by the Council on Affordable Housing (“COAH”) in the case entitled In re Adoption of N.J.A.C. 5:94 and 5:95. The matter came before the Court by petition of COAH for review of the October 8, 2010 decision of the Appellate Division of the New Jersey Superior Court, rejecting a significant portion of COAH’s revised affordable housing regulations (the “third round rules”) as being inconsistent with the Fair Housing Act (“FHA”), L. 1985, C. 222. The Appellate Division required remand of the third round rules to COAH for redrafting within five months.

The COAH third round rules were designed to establish the responsibilities of municipalities to provide affordable housing during the period from 1999 to 2018. The third round rules adopted a number of significant changes in the methodologies that had been used during the first and second round rules. In particular, 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. The Appellate Division invalidated COAH’s Growth Share methodology. The Supreme Court reviewed the Appellate Division’s decision and the majority held that the third round rules are at odds with the FHA and S. Burlington Cnty. NAACP v. Twp. of Mount Laurel, 92 N.J. 158 (1983) (“Mount Laurel II”).

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Genova Burns LLC | Attorney Advertising

Written by:


Genova Burns LLC on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.