May 23, 2022

Volume XII, Number 143

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May 20, 2022

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Fourteen Years Later And Still No Third Round Regulations for New Jersey Council on Affordable Housing

On October 20, 2014, the Council on Affordable Housing (“COAH”) convened ostensibly to adopt its third set of Third Round Regulations in order to meet the October 22, 2014 deadline imposed by the New Jersey Supreme Court on March 14, 2014. After a 14-year delay in adopting valid Third Round Regulations, COAH once again missed a deadline and failed to adopt the proposed regulations. 

Initially, the COAH Board considered a motion to table adoption of the proposed regulations for 60 days. While the three Board members in favor acknowledged that such an action would violate the Supreme Court’s Order, they felt additional time was needed in order to address the roughly 3,000 public comments received on the proposed regulations. Three Board members opposed the motion, three Board members supported the motion and the deadlocked motion therefore failed. 

Thereafter, COAH considered adopting the proposed regulations. The three Board members who supported the unsuccessful motion to table voted against the regulations as proposed, once again resulting in a deadlocked 3-3 vote. 

Thus, COAH is in violation of the New Jersey Supreme Court’s March 14, 2014 Order requiring COAH to adopt regulations by today's deadline. After 14 years, we continue to be without a set of valid regulations to guide us in advancing the constitutional obligation to provide for affordable housing within this State. 

© 2022 Giordano, Halleran & Ciesla, P.C. All Rights Reserved National Law Review, Volume IV, Number 297
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About this Author

Donna A. McBarron, Giordano Halleran Law firm, real estate lawyer, redevelopment attorney
Of Counsel

Donna is of-counsel to the Real Estate and Leasing Departments. She has over 20 years of experience dealing with complex commercial real estate matters, negotiating commercial leases, and has represented multiple municipalities in connection with their affordable housing litigation and compliance. Donna received her BA from Rutgers University and her JD from Rutgers University School of Law.

732-741-3900
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