Council on Affordable Housing Finally Grants Substantive Certification to Municipalities
By: Henry T. Chou, Esq.
Last week, the New Jersey Council on Affordable Housing (COAH) finally began granting substantive certification to municipalities for the "third round" compliance period concerning affordable housing obligations from 2008 to 2018. Substantive certification is COAH's determination that housing plans created by municipalities adequately address the need for affordable housing in those communities.
The third round compliance period was to have begun in 1999, but COAH delayed adopting third round regulations for many years, resulting in litigation by various groups to compel the agency to act. COAH's first attempt to adopt third round regulations in 2004 was struck down by the Appellate Division as unconstitutional, and COAH finally adopted revised third round regulations in 2008.
On April 8, 2009, Lawrence Township (Mercer Co.) and Pine Hill Borough (Camden Co.) were the first two municipalities to receive substantive certification under COAH's revised third round rules. By obtaining third round substantive certification, these two municipalities receive immunity from exclusionary zoning lawsuits until December 30, 2018.