Stark & Stark Shareholder Gary S. Forshner, member of the Real Estate, Zoning & Land Use Group, authored the article Courts’ Procedures Coming into Focus as New Jersey’s Affordable Housing Saga Continues, which was published on August 19, 2015 on NJ.com.
The article details the history of the ubiquitous “Mount Laurel” doctrine established in 1975. New Jersey eventually adopted the Fair Housing Act (FHA) a decade later, which in turn created the Council on Affordable Housing (COAH). However, this all changed on March 10, 2015, when the New Jersey Supreme Court issued a ruling which stripped COAH oversight and enforcement of the Mount Laurel doctrine. This was due in part to COAH’s inability to adopt constitutionally compliant regulations for the Third Round of affordable housing since 1999.
As Mr. Forshner explains, in removing COAH’s control, “the Supreme Court set forth overarching criteria for establishing affordable housing obligations, but left the details of the process for enforcing and the substance for compliance with the obligations to the 17 Mount Laurel designated judges in New Jersey.” Furthermore, “[n]o judge will determine the criteria for the entire state, but early acting judges will set the benchmark against which subsequent action will be weighed and measured.”
You can read the full article by clicking here.
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