Trishka Waterbury MASON, GRIFFIN & PIERSON, P.C. 101 Poor Farm Road Princeton, New Jersey 08540 (609) 436-1211
[email protected] New Jersey League of Municipalities and New Jersey Institute of Local Government Attorneys Joint Session CURRENT ISSUES THAT ELECTED AND APPOINTED OFFICIALS NEED TO KNOW: A SAMPLING OF 2009-2010 DECISIONS IMPACTING MUNICIPALITIES New Jersey State League of Municipalities Annual Convention Atlantic City, New Jersey November 18, 2010 CASE SUMMARIES1 A Sampling of 2009-2010 Court Decisions Affecting Municipalities AFFORDABLE HOUSING THIRD ROUND RULES (PART II) In re Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing, ___ N.J. Super. ___ (App. Div. Oct. 8, 2010) http://lawlibrary.rutgers.edu/courts/appellate/a5404-07.opn.html In response to multiple challenges to the Council on Affordable Housing (“COAH”)’s second set of third round rules, the Appellate Division invalidated COAH’s growth share methodology, directed COAH to adopt new third round rules that use a methodology for determining prospective need similar to the methodologies used in the first and second rounds, and required COAH to recalculate its projected state-wide need using up-to-date data. The court also ruled that municipally- sponsored 100% affordable housing site must show site control, site suitability, source of funding and a proposed developer; ruled that bright-line standards must be established to provide sufficient incentives for inclusionary developments; invalidated prior round rental bonuses for developments