FOR IMMEDIATE RELEASE
May 28, 2008 |
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FOR MORE INFORMATION, CONTACT:
Monica A. DiMucci
(609) 734-6369
or email info@hillwallack.com |
Hill Wallack LLP Calculates Proposed Amended Fair Share Housing Obligations for New Jersey Towns
PRINCETON, NJ – Filling an important gap in public information, the law firm of Hill Wallack LLP has calculated
the fair share housing obligation for each town in New Jersey under both the rules adopted by the New Jersey Council on
Affordable Housing (COAH) on May 6, 2008, and the amendments to those rules proposed by COAH on the same date.
On May 6, 2008, COAH adopted so-called “third round” rules that would set new affordable housing obligations for each town for
the period 2004 to 2018. Those rules are legally binding on all towns under COAH’s jurisdiction. Although COAH made available
the resources for calculating municipal housing obligations, it has not made public the actual fair share housing obligations
now assigned to New Jersey towns.
On May 6, 2008, COAH also proposed to substantially amend those rules. If adopted, the proposed rule amendments would alter
the housing obligations assigned to many towns. Once again, COAH has made available the resources for calculating the amended
municipal housing obligations, but it has not made public the actual fair share housing obligations that would be assigned to
each town if the proposed rule amendments are adopted.
In March 2008, Hill Wallack LLP calculated the fair share housing obligations assigned to each town under the rules
formally adopted by COAH on May 6, 2008, and made those numbers available to the public on its website. Hill Wallack LLP
has now also calculated the altered fair share housing obligations that would be assigned to each town under the rule
amendments proposed by COAH. The attached chart entitled “Municipal Affordable Housing Obligations under COAH’s May 6, 2008
Proposed Amendments to Rules” shows the fair share housing obligation that would be assigned to each town under COAH’s
proposed rule amendments, calculated in accordance with COAH’s own published data and methodology. These amended housing
obligations would become effective only if COAH adopts the proposed rule amendments later this year.
The second attached chart, entitled “Changes to Municipal Affordable Housing Obligations under COAH’s May 6, 2008 Proposed Rule
Amendments,” shows the changes in municipal fair share housing obligations that would result if COAH adopts its proposed rule
amendments.
These charts, as well as a chart showing the municipal fair share housing obligations established by the rules actually
adopted by COAH on May 6, 2008, are available on Hill Wallack LLP’s website:
www.hillwallack.com.
COAH’s regulations establish housing obligations for all towns in New Jersey. They 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.
“Under the decisions of the New Jersey Supreme Court, COAH has the obligation to assign numerical fair share housing obligations
to each town in New Jersey. Local officials need this information. So do property owners, non-profit organizations, builders
and people seeking affordable housing,” said Stephen M. Eisdorfer, Esquire, the attorney who has overseen the law firm’s
calculations. “We want to provide this information as a resource for everyone who cares about affordable housing.”
Mr. Eisdorfer is a partner in Hill Wallack LLP and a member of the Land Use Division, which encompasses the
Land Use Litigation and Land Use & Environmental Applications Practice Groups. He was lead counsel in the
litigation successfully challenging the sufficiency and constitutionality of the municipal housing obligations issued by COAH
in 2004. He represents property owners, builders, and public entities in land use matters and has handled matters involving
affordable housing since 1980.
Please note that the above list was prepared using information available from COAH as of May 21, 2008. Hill Wallack LLP makes
no representation as to its accuracy.
This information does not constitute legal advice or representation to any person. Prior to taking any action on the basis of
this information, readers should contact Hill Wallack LLP or other competent counsel.
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