Governor Christie Orders 90-Day Moratorium on COAH Proceedings
By : Henry T. Chou, Esq.
On February 9, 2010, Governor Chis Christie signed an executive order creating a five-member panel called the "Housing Opportunity Task Force" to undertake a review of the Fair Housing Act, the State Planning Act and the prior and current regulations of the Council on Affordable Housing (COAH). The executive order directs the Housing Opportunity Task Force to produce within 90 days a report containing findings and recommendations concerning the future of affordable housing in New Jersey.
More importantly, the executive order suspends COAH proceedings on municipal petitions for substantive certification and implementation of the "third round" rules during that 90 day period. In practical terms, the executive order will substantially restrict COAH's activities during the next three months. However, the executive order gives the Commissioner of the Department of Community Affairs (DCA) the authority to allow COAH to hear certain matters that must be decided to prevent the loss of affordable housing opportunities.