Appellate Division Rejects Municipalities' Request to Postpone Filing of Affordable Housing Plans
By order dated October 6, 2008, the Appellate Division has denied a motion by the League of Municipalities to postpone the December 31, 2008 deadline for some 280 towns to file new housing plans with the New Jersey Council on Affordable Housing (COAH). Towns that are subject to this deadline and who fail to file with COAH by that date lose their immunity from exclusionary zoning litigation until they do file. Because these towns have an urgent need to prepare and adopt new housing plans over the next 10 weeks, this is an opportune time for property owners and builders to propose projects that include both residential and mixed use low and moderate income housing. Thomas F. Carroll, III, Esq. and Stephen Eisdorfer, Esq. of Hill Wallack represented the New Jersey Builders Association opposing the application by the League.