New housing rules limit senior units
by Sean Ruppert, Staff Writer
New affordable-housing rules issued by the state Dec. 17 could increase the cost of the program and require more units to be built locally.
South Brunswick officials are concerned that the regulations could mean a significant increase in the township’s population, adding traffic and straining the public school system.
Elsewhere, officials in Monroe are concerned that the new regulations could affect the township’s ability to preserve open space, because vacant land may have to be designated for affordable units. Cranbury officials were still reviewing the new rules last week and are reserving comment.
The new rules were issued last week, nearly a year after a state Superior Court invalidated the state Council on Affordable Housing’s previous calculation.
A state appellate panel ruled in January that some of the new COAH rules, including those that allow municipalities to determine their own housing obligation and allow half their units to be age-restricted, were insufficient.
The new rules, which would increase the total number of affordable units required statewide from 52,000 to 115,000, will continue with what COAH calls a “growth share approach,” which measures the need for affordable housing in municipalities based on the amount of residential and commercial development expected to take place between 2004 and 2014. Growth-share ratios would be set at one affordable-housing unit for every 16 jobs or five residential units created. The original third-round rules called for one unit per 25 jobs or nine housing units.
”Our initial reaction is extreme concern,” South Brunswick Mayor Frank Gambatese said. “It looks like our obligation is going to double.”
According to the mayor, South Brunswick’s obligation under the previous round three rules was about 600 total units. He said that could increase to as many as 1,500 or 1,600 total units under the new regulations.
”If it is to stand, many towns will be in deep trouble,” he said. “We will be meeting with experts on the matter as well as school officials to see what impact this could have.”
In addition, COAH increased the amount that towns will be required to pay for participating in regional contribution agreements from $35,0000 per unit to between $67,000 and $80,000, depending on the region. Under a regional contribution agreement, a municipality pays a “distressed” municipality to build up to half of its required units.
South Brunswick, Cranbury and Monroe are in region three covering Middlesex, Somerset and Hunterdon counties and will pay $67,000 per unit, said Chris Donnelly, spokesman for the state Department of Community Affairs.
Cranbury and Monroe have used RCAs to fulfill their affordable housing obligations in the past, while South Brunswick has not.
For towns with housing trust funds, like South Brunswick, Cranbury and Monroe, the amount developers can be charged has been increased from 1 percent to 1.5 percent for the equalized assessed value of residential projects and from 2 percent to 3 percent for non-residential projects.
Also, developers will be granted an additional market unit for every affordable housing unit they provide.
The new rules also cap the percentage of affordable units that can be age-restricted at 25 percent.
South Brunswick Certified Municipal Housing Liaison Arlyne DeSena said that South Brunswick’s plan under previous round three regulations called for 50 percent of the affordable housing to be exclusively for seniors citizens.
Towns have between four and seven months after the rules go into effect to revise their third-round plans. The rules will likely take effect after COAH holds five public hearings throughout the state.
In Cranbury, Township Administrator Christine Smeltzer said the township has not had time to review the new rules. Township affordable-housing consultant Mary Beth Lonergan is analyzing the rules.
Ms. Smeltzer said the Township Committee will likely hold a workshop with Ms. Lonergan, but that nothing has been scheduled yet.
Under the previous third-round obligations, Cranbury was required to build 160 affordable housing units, 80 of which they had planned to build in Perth Amboy at a cost of $2.8 million.
In Monroe, Township Planner Mark Remsa is also reviewing the new third-round proposals, which are more than 100 pages in length, said John Riggs, Monroe’s municipal-housing liaison.
Mr. Riggs said the RCA provisions and the increased number of units required could have a huge impact on Monroe.
”Monroe has always been supportive of providing affordable housing,” Mr. Riggs said. “This means the numbers are going to increase and it’s going to cost a lot more money.”
He said that if the state plans to double the 650 affordable housing units that Monroe was previously required to build, it will affect its Master Plan, which calls for 50 percent of the township to remain undeveloped.
”You have to maintain some suburbia,” Mr. Riggs said. “We don’t have the land capacity to provide that much. (Affordable housing) has to be countered with market-based housing.”
Mr. Riggs said he hopes those public hearings bring some improvements to the proposal.
”It’s a scary situation,” he said. “This is as unrealistic as it appears. We’re hoping for adjustments and softening.”
To view a copy of the entire COAH-proposed new third-round rules log onto www.state.nj.us/dca/coah/dec07proposal.shtml.
Written comments about the proposal can be submitted to [email protected] until March 22.

