Affordable Housing Task Force Issues Report; Suggests 10% of All New Housing Be Deemed Affordable
By: Michael J. Lipari, Esq.
The task force created by Governor Christie to examine and provide the Governor with recommendations on how to handle COAH and the future of affordable housing in New Jersey, has issued its findings and recommendations, which was published by the Governor’s office on March 23, 2010.
The five-member Task Force finds that the COAH model is “is outdated and must be changed” in order to provide an affordable housing framework that works for New Jersey in 2010.
The Task Force suggests a New Model that meets four essential criteria of being “sustainable, fair, simple and predictable.” Some of the key elements of the New Model would require municipalities to provide 10% of all new residential development to be set aside for low and moderate income households, with density bonuses permitted to those who exceed the 10%. There would be no obligation on non-residential development. The Task Force also suggests reinstatement of Regional Contribution Agreements (RCA’s) and use of a Transfer of Development Rights (TDR) program.
From a procedural standpoint, county planning boards would be charged with determining the prospective need for affordable housing and whether a municipality has a plan that would meet that need. The State Planning Commission would record the decisions of the county planning boards and issue certificates of substantive certification which would provide municipalities immunity from exclusionary zoning litigation for 10 years.
The Affordable Housing Task Force proposal has many stark differences from the legislative bill known as S-1, which is rapidly moving through the Legislature. In some way, shape or form, the upcoming weeks and months should provide a drastic change to New Jersey’s affordable housing landscape.