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RECENT NEWS

COAH Third Round: Hill Wallack LLP Calculates Proposed Fair Share Housing Obligations for New Jersey Towns

Filling an important gap in public information, Hill Wallack LLP has calculated the proposed fair share housing obligation for each town in New Jersey. Although the New Jersey Council on Affordable Housing (COAH) proposed regulations in January that would set new affordable housing obligations for each town for the period 2004 to 2018, it has not made public the actual numbers assigned to each town. The Hill Wallack chart shows the proposed housing obligation for each town, calculated in accordance with the COAH’s own published data and methodology.

If the COAH adopts its proposed regulations, these housing obligations will become legally binding on all towns in June. They will set the standard for towns to satisfy their constitutional affordable housing obligations under the so-called Mt. Laurel doctrine and under the Fair Housing Act of 1985. Click Here for Link to Chart

State Proposes Both New Growth and New Batch of Anti-Growth Regulations - The State of New Jersey has unveiled some rather ambitious housing proposals. For example, Governor Corzine has pledged to provide for 100,000 affordable housing units. Similarly, the Council on Affordable Housing (COAH) has proposed a new set of “third round” regulations, which also propose substantial numbers of affordable housing units along with the market rate housing units, and nonresidential development, that would accompany such lower income housing construction. The State also has ambitious dreams concerning the redevelopment of our depressed urban areas. However, while certain branches of the government are calling for such ambitious development and redevelopment, other branches are proposing new regulations that would render all that envisioned development largely impossible. Click here to read more.

 

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Hill Wallack LLP Partner Successfully Challenges Bid and Receives Re-Bid - On April 9, 2008, Hill Wallack LLP partner, Maeve E. Cannon, successfully protested a Division of Purchase and Property (“Division”) award of the State Contract for moving services. The RFP sought moving services on a multi-year contract and prohibited pricing that increased more than 4% from one year to the next. A violation of the price escalation prohibition was to result in rejection of the bid.
Hill Wallack LLP protested the award on the basis that nearly every awardee had violated the price escalation prohibition, some by hundreds of percent. The Division agreed and ordered a re-bid as soon as practicable of the multi-year contract.
The protest by Hill Wallack LLP partner, Maeve E. Cannon, included written arguments of both Ms. Cannon and associate, Megan McGeehin Schwartz. Further information about this matter can be obtained from either Maeve E. Cannon or Megan McGeehin Schwartz.

The Courts Turn Off The Game Clock for Legal Challenges to Redevelopment - On February 25, 2008, the New Jersey courts turned off the game clock for property owners who seek to challenge local government decisions declaring their property to be “in need of redevelopment” (formerly referred to as “blighted”). Specifically, the Appellate Division of the New Jersey Superior Court held that the redevelopment statute that only requires towns to publish notice of declarations of blight in local newspapers, not to give individual written notice to affected property owners, violates constitutional guarantees of due process of law. The court ruled that the 45-day limitation for challenges to local declarations of blight does not apply to property owners who did not receive individual written notice. Those property owners may lawfully challenge the declaration of blight at any time, even after the condemnation proceedings have been filed. This seemingly narrow procedural decision has enormous legal and practical consequences for both property owners and redevelopers. Click here to find out more.

Property Owners and Developers Alert: State Planners Propose Further Growth Reductions - Recently proposed changes to the Preliminary State Plan Policy Map are of critical concern to developers and other landowners throughout New Jersey. Last month, the State Planning Commission endorsed a set of environmental updates that seek to designate over 90,000 acres, or 18% of the state’s undeveloped land, from Planning Areas 1, 2 and 3, to Planning Areas 4 and 5 (“non-growth” areas). The Office of Smart Growth (OSG) recommended the changes to the Commission based upon Department of Environmental Protection (DEP) studies ostensibly showing additional areas that should be considered for non-growth classifications during the State Plan “cross-acceptance process.” Click here to see entire article.

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