Municipalities Submit Housing Plans to COAH by December 31, 2008 Deadline
By: Henry T. Chou, Esq.
By the end of the day on December 31, 2008, 234 out of 302 eligible municipalities had filed housing elements and fair share plans ("housing plans") with the New Jersey Council on Affordable Housing ("COAH"). By doing so, those municipalities maintained their immunity from builder's remedy lawsuits. With the exception of municipalities in the Highlands that were previously under COAH's jurisdiction, municipalities that have not filed housing plans with COAH are now vulnerable to builder's remedy lawsuits. In mid-December 2008, the New Jersey State League of Municipalities and several legislators requested COAH and Governor Corzine to grant an extension of the December 31 deadline, but the requests were denied.