By Amy Batista, Special Writer
MONROE — The battle for local funds sought by the state seems to be over after a state appellate court ruled Aug. 10 that the it cannot seize money that towns have set aside to use for affordable housing projects.
”The good news from our standpoint is that the court ruled that the Council On Affordable Housing staff had no right to request funds from the municipalities, only the COAH board could do that,” said Township Council President and Chairman of the Affordable Housing Gerald Tamburro.
A balance of slightly less than $10 million is at risk locally, according to Mr. Tamburro.
”We are disappointed with the appellate court’s decision, which was made without the benefit of oral argument, and we are examining our rights and options, including an emergent appeal,” said Michael Drewniak, press secretary to Governor Chris Christie, in statement on the ruling. “However, this decision on process does not disturb the substantive decision made last month by a different panel of the appellate division which confirmed that municipalities which held onto the money and failed, for four years, to use it, or commit to use it, will have to return it.”
Mr. Drewniak pointed out that Democrats had also wanted to use the money to cover budget gaps.
”Also, as a historical reminder, legislative Democrats crafted and voted in favor of a state budget which included use of these funds, in recognition of the 2008 law that returned the COAH funding to the state in the event municipalities failed to use the funds,” Mr. Drewniak said.
Gov. Christie has been trying to abolish COAH, a body formed by the state Legislature in the 1980s to oversee affordable housing rules created in response to towns to have an obligation to include low- and moderate-income people.
”Gov. Christie attempted to abolish COAH some time ago through an executive branch reorganization plan,” said William Dressel, executive director of New Jersey State League of Municipalities in a statement. “Fair Share Housing Center challenged this reorganization in court. As that case currently stands, the Appellate Division found the Governor’s action improper and ordered COAH to be reinstated.”
Monroe officials said the township has plans for the money and has acted appropriately with the funds.
”Currently we have committed all funds, as required by COAH regulations, to various elements of our third round plan which, as of today, COAH has yet to certify even though we submitted it in 2008,” said John Riggs, environmental protection manager, planning board member, and municipal housing liaison. “The foot dragging is not on Monroe’s part but rather on the states part. Monroe has consistently and creatively met our obligation to provide affordable housing.”
Mr. Riggs said the community has used the fund in a variety of ways to meet the council’s mission of housing for everyone.
”Monroe has provided both a mortgage and rental assistance program for income eligible families within our developments,” Mr. Riggs said. “We established a rehabilitation program to fix up homes of income eligible families.”
In addition, there is a current ordinance “authorizing the creation of an affordable housing irrevocable trust” which was adoption by council on May 30, that would also use some of the funding to help lower income individuals.
”The irrevocable trust was for submitting money for disabled veterans housing, group homes and continued subsidies of rents for those people that are qualified under the Affordable Housing rule. Those additional monies for people that own houses and have applied to the Affordable Housing board who need assistance in doing major repairs – roofs, furnaces, air conditions, hot water heaters and that,” Mr. Tamburro said.
According to the ordinance, Monroe has collected development fees from developers of residential property so that the township may advance and fund the creation of affordable housing in the Township.
”We established the Affordable Housing Trust because it was our understanding that under the law that was passed from COAH, all the municipalities had to do was ‘commit’ to spending the money. It didn’t say you had to spend it within four years,” Mr. Tamburro said.
Mr. Tamburro said that the town how gone through rounds one and two with approved spending plans with COAH.
There are two affordable housing developments in Monroe – Monroe Manor located on Route 33 and Stratford at Monroe, located on Halsey Reed Road.
”Every developer in every town has to pay into an affordable housing fund x amount of dollars for every unit that they are building,” Mr. Tamburro said. “Each development that is approved has to have 20 percent affordable housing in it.”
Monroe is now working on round three in its affordable housing program.

