Acknowledging that municipalities, developers and residents have been living in “limbo” for too long, the New Jersey Supreme Court has given the state Legislature five months to establish new, more specific requirements for the creation of affordable housing.
In a 3-2 decision handed down on Sept. 26, the court effectively cut down the state Council on Affordable Housing’s (COAH) current rules, which tie a town’s affordable housing requirement to its rate of residential and commercial growth.
Municipalities that saw no residential or commercial development could effectively avoid their state-mandated obligation to create affordable housing, according to advocates who objected to what was known as the growth share methodology.
The Supreme Court’s ruling was lauded by affordable housing and minority group advocates, many of whom said COAH’s growth share methodology has enabled towns to block new affordable housing units in recent years.
Others, including New Jersey State League of Municipalities President Janice Mironov, who is the mayor of East Windsor, Mercer County, said they are concerned the ruling could affect local officials’ ability to determine their own affordable housing needs.
Affordable housing is defined as housing that is rented or sold at below prevailing market rates to individuals or families who meet income guidelines established by the state. — Keith Heumiller