DOCSLIB.ORG

Terminology and Frequently Asked Questions From

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Terminology and Frequently Asked Questions From AFFORDABLE HOUSING IN NEW JERSEY AND HOW IT AFFECTS MORRIS TOWNSHIP: Terminology and Frequently Asked Questions November 26, 2018 PHILLIPS PREISS GRYGIEL LEHENY HUGHES LLC PLANNING & REAL ESTATE CONSULTANTS Terminology Affordable Housing The Supreme Court in 2015 Housing with a sales price or found that the COAH admin- rent within the means of a very- istrative process had become low, low-, or moderate-income non-functioning and, as a result, household. returned primary jurisdiction over affordable housing matters to the trial courts. Builder’s Remedy A Builder’s Remedy lawsuit is a Fair Housing Act process created by the Mount In 1985, the New Jersey Legis- Laurel II decision which allows lature, in direct response to the a developer to bring litigation Mount Laurel decisions, enacted against a municipality to change the Fair Housing Act, which cre- zoning on a particular site if that ated the Council on Affordable developer demonstrates that the Housing (COAH). municipality is not in compliance with its Fair Share obligation or is engaging in exclusionary zon- ing practices. The developer in Fair Share Housing Center a Builder’s Remedy lawsuit must (FSHC) promise to include a 20 percent Fair Share Housing Center set-aside of low- and moder- (FSHC), founded in 1975, is a ate-income housing as part of its 501(c)(3) non-profit organiza- development. tion devoted to affordable hous- ing advocacy in New Jersey. In response to a motion FSHC filed with the New Jersey Supreme COAH (Council on Court to enforce litigant’s rights, Affordable Housing) the Supreme Court in 2015 Established by the 1985 Fair found that the COAH admin- Housing Act COAH had primary istrative process had become jurisdiction for the administra- non-functioning and, as a result, tion of housing obligations, i.e., returned primary jurisdiction to assess the statewide need for over affordable housing matters affordable housing, allocate that to the trial courts. Under the need on a municipal fair share 2015 Supreme Court decision, basis, and review and approve FSHC has “a seat at the table” municipal housing plans aimed to comment on every affordable at implementing the local fair housing plan in every town in share obligation. the State. AFFORDABLE HOUSING 2 IN NEW JERSEY AND HOW IT AFFECTS MORRIS TOWNSHIP Fair Share Obligation needs, particularly with regard Income, Moderate A municipality’s constitutional to low and moderate income Households with a gross income obligation to provide through its housing. equal to more than 50% but less land use regulations a realistic than 80% of the median gross opportunity for a fair share of its household income for house- region’s present and prospective holds of the same size within needs for housing for low and Housing Region the housing region in which the moderate income families. A geographic area of not less housing is located. than two nor more than four contiguous, whole counties which exhibit significant social, Fair Share Plan economic and income similari- Income, Very-Low A plan or proposal by which a ties, and which constitute to the Households with a gross income municipality would satisfy its greatest extent practicable the equal to 30% or less of the obligation to create a realis- primary metropolitan statistical median gross household income tic opportunity to meet its fair areas as last defined by the Unit- for households of the same size share of the very-low, low-, and ed States Census Bureau prior within the housing region in moderate-income housing needs to the effective date of the Fair which the housing is located. of its region and that details the Housing Act. affirmative measures the munic- ipality proposes to undertake to achieve its fair share of very- Intervenor low, low-, and moderate-income Inclusionary Development Builders, developers, land own- housing. A residential housing develop- ers and other interested parties ment in which a percentage of who are allowed to “intervene” the dwelling units are affordable in the declaratory judgment to very-low, low- and moder- proceedings that determine a Household ate-income households. municipality’s fair share obliga- The person or persons occupy- tion. Intervenors typically take ing a housing unit. the position: 1) that the munici- pality has failed to zone for the Income, Low creation of enough affordable Households with a gross income housing and/or 2) that the inter- Housing Element equal to 50% or less of the venor owns a specific site that That portion of a municipali- median gross household income the town should allow for devel- ty’s master plan consisting of for households of the same size opment of affordable housing. reports, statements, proposals, within the housing region in maps, diagrams and text de- which the housing is located. signed to meet the municipal- ity’s fair share of its region’s present and prospective housing AFFORDABLE HOUSING IN NEW JERSEY AND 3 HOW IT AFFECTS MORRIS TOWNSHIP Judgment of Overlay Zoning Unmet Need Compliance/Repose A zoned area of a municipali- The differential between the A judgment issued by the Su- ty in which very-low, low- and realistic development potential perior Court approving a mu- moderate-income housing may and a municipality’s allocated nicipality’s plan to satisfy its fair be built as a matter of right in fair share obligation. share obligation. This judgment addition to another use. protects a municipality from Builder’s Remedy lawsuits. Vacant Land Adjustment Prospective Need An adjustment in a municipal A projection of housing needs affordable housing obligation Mount Laurel Doctrine based on development and due to available land capacity. The New Jersey Supreme Court, growth which is reasonably A vacant land adjustment deter- in Mount Laurel I (1975) and likely to occur in a region or a mines a municipality’s realistic Mount Laurel II (1983), declared municipality. development potential (RDP). that municipal land use regu- lations that prevent affordable housing opportunities for the Realistic Development poor are unconstitutional and Potential (RDP) ordered all New Jersey munic- The municipal obligation based ipalities to plan, zone for, and on available land capacity as take affirmative actions to pro- calculated pursuant to a Vacant vide realistic opportunities for Land Adjustment (VLA). their “fair share” of the region’s need for affordable housing for low and moderate-income people. Together, these two Su- Special Master preme Court decisions comprise An expert appointed by the the Mount Laurel Doctrine. The Court to assist the court in Mount Laurel Doctrine prohibits reviewing Fair Share Plans. A economic discrimination against master’s function is essentially the poor by the state and mu- as a mediator between the mu- nicipalities in the exercise of nicipality and Fair Share Housing their land use powers. Center and Intervenors. AFFORDABLE HOUSING 4 IN NEW JERSEY AND HOW IT AFFECTS MORRIS TOWNSHIP Frequently Asked Questions Administration of Affordable Units What is Affordable Housing? Housing with a sales price or rent within the means of a very-low, low-, or moderate-income household. Who Qualifies for Affordable Housing? In order to be eligible for affordable housing in New Jersey, a house- hold’s income must be below the income limit for the region in which the affordable housing is located, either for very low-, low- or moder- ate-income levels. A moderate-income household is classified as earn- ing between 50 percent and 80 percent of the area median income. A low-income household is classified as earning less than 50 percent of area median income. Very low-income households are classified as earning less than 30 percent of area median income. How Are Affordable Housing Units Administered? The administration process is the same regardless of the type of unit. The municipality hires or appoints a Municipal Housing Liaison. The Mu- nicipal Housing Liaison (MHL) may perform all administrative functions for affordable housing throughout the municipality or may oversee a contract with an Administrative Agent (AA). The MHL and/or the AA must follow rules set forth in the Uniform Housing Affordability Con- trols (UHAC), found at NJAC 5:80-26.1, regarding establishing initial sales prices or rents, bedroom distribution, affordability average, low- and moderate-income split of units, and the very low-income set-aside. How Are Rental and Sales Prices Initially Set? Initial sales prices and rents are based on targeted “model” household sizes for each size home as determined by the number of bedrooms. With the exception of assisted living facilities, initial sales prices and rents must adhere to UHAC rules. These maximum sales prices and rents are based on Annual Regional Income Limits at the time of occu- pancy. For rental units, annual rent increases are permitted in affordable units governed by UHAC. Rent increases are permitted at the anniversary of tenancy according to COAH’s Annual Regional Income Limits Chart. AFFORDABLE HOUSING IN NEW JERSEY AND 5 HOW IT AFFECTS MORRIS TOWNSHIP These increases must be filed with and approved by the Administrative Agent. Calculating the maximum resale price (MRP) for an ownership unit involves applying the annual percentage increase corresponding with each calendar year since the Seller bought the house. The Seller of an ownership unit may ask the Administrative Agent to increase the sales price of their home beyond the maximum sales price under limited cir- cumstances. UHAC states that only those improvements “that render the unit suitable for a larger household or that add an additional bath- room” can increase the calculated maximum sales price. In no event shall the maximum sales price of an improved housing unit exceed the limits of affordability for the larger households. How Do You Find Out About An Affordable Unit or Home? All affordable units that are governed by UHAC are required to be affirmatively marketed using an Affirmative Marketing Plan.
Load more

Recommended publications
  • Saving Mount Laurel?
    Fordham Urban Law Journal Volume 40 Number 5 Symposium - "What is Urban Law Today?": A Symposium on the Field's Past, Article 5 Present, and Future in Honor of the Urban Law Journal's Fortieth Anniversary March 2016 Saving Mount Laurel? Roderick M. Hills New York University Law School Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj Part of the Housing Law Commons, Law and Society Commons, and the Property Law and Real Estate Commons Recommended Citation Roderick M. Hills, Saving Mount Laurel?, 40 Fordham Urb. L.J. 1611 (2013). Available at: https://ir.lawnet.fordham.edu/ulj/vol40/iss5/5 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Urban Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. HILLS_CHRISTENSEN (DO NOT DELETE) 11/12/2013 11:16 PM SAVING MOUNT LAUREL? Essay Roderick M. Hills, Jr.* Introduction ........................................................................................... 1612 I. The Need for Mount Laurel: Municipal Collective Action Problems ...................................................................................... 1614 II. The Problem with Mount Laurel: Informational Burdens of the Unit-Based Approach ......................................................... 1618 III. A Solution to Mount Laurel’s Problems? Focus on Zoning Restrictions ................................................................................
    [Show full text]
  • EXCLUSIONARY ZONING: MOUNT LAUREL—SEMINAL OR TEMPEST-IN-A- TEAPOT Olan B
    Western New England Law Review Volume 4 4 (1981-1982) Article 1 Issue 4 1-1-1982 EXCLUSIONARY ZONING: MOUNT LAUREL—SEMINAL OR TEMPEST-IN-A- TEAPOT Olan B. Lowrey Follow this and additional works at: http://digitalcommons.law.wne.edu/lawreview Recommended Citation Olan B. Lowrey, EXCLUSIONARY ZONING: MOUNT LAUREL—SEMINAL OR TEMPEST-IN-A-TEAPOT, 4 W. New Eng. L. Rev. 541 (1982), http://digitalcommons.law.wne.edu/lawreview/vol4/iss4/1 This Article is brought to you for free and open access by the Law Review & Student Publications at Digital Commons @ Western New England University School of Law. It has been accepted for inclusion in Western New England Law Review by an authorized administrator of Digital Commons @ Western New England University School of Law. For more information, please contact [email protected]. Volume 4 Issue 4 WESTERN NEW ENGLAND Spring LAW REVIEW 1982 EXCLUSIONARY ZONING: MOUNT LAUREL-SEMINAL OR TEMPEST-IN-A­ TEAPOT OLAN B. LOWREY· [Author's note: On Thursday, January 20, 1983, only a few days prior to press time and beller than two years after the second Mount Laurel case had been argued, the Supreme Court of New Jersey, in a unanimous 270 page opinion, reaffirmed the principles of the original Mount Laurel decision in Southern Burlington County NAACP v. Township of Mount Laurel, Doc. No. A-35/36/172 (N.J. Jan; 21, 1983). It appears that in order to reach the desired unanimity, the jus­ tices ofthe court agreed to defer to the New Jersey State Develop­ ment Guideplan, an executive branch document, to determine whether a local government unit has an obligation to deal through its zoning laws or otherwise to provide for low-income housing.
    [Show full text]
  • The Selling out of Mount Laurel: Regional Contribution Agreements in New Jersey's Fair Housing Act, 16 Fordham Urb
    Fordham Urban Law Journal Volume 16 | Number 4 Article 1 1987 The elS ling Out of Mount Laurel: Regional Contribution Agreements in New Jersey's Fair Housing Act Rachel Fox Mitchell, Silberberg & Knupp Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj Part of the Land Use Law Commons Recommended Citation Rachel Fox, The Selling Out of Mount Laurel: Regional Contribution Agreements in New Jersey's Fair Housing Act, 16 Fordham Urb. L.J. 535 (1987). Available at: https://ir.lawnet.fordham.edu/ulj/vol16/iss4/1 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Urban Law Journal by an authorized editor of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. The elS ling Out of Mount Laurel: Regional Contribution Agreements in New Jersey's Fair Housing Act Cover Page Footnote Associate, Mitchell, Silberberg & Knupp, Los Angeles, California. B.A., 1983, Brandeis University; J.D., 1988, Harvard Law School. I wish to extend special thanks to Professor Duncan Kennedy of Harvard Law School and Martin S. Fox. This article is available in Fordham Urban Law Journal: https://ir.lawnet.fordham.edu/ulj/vol16/iss4/1 THE SELLING OUT OF MOUNT LAUREL: REGIONAL CONTRIBUTION AGREEMENTS IN NEW JERSEY'S FAIR HOUSING ACT Rachel Fox* I. Introduction After years of inaction on the issue of exclusionary zoning, the New Jersey Legislature enacted the Fair Housing Act in July of 1985.1 Previously, exclusionary municipal zoning ordinances were monitored exclusively by the courts pursuant to litigation challenging these ordinances.
    [Show full text]
  • D'angelo Farms Fact Sheet-Frequently Asked Questions
    D'ANGELO FARMS FACT SHEET-FREQUENTLY ASKED QUESTIONS 1. Does the Borough have the option to purchase the D'Angelo's property? The Borough was never offered the opportunity to acquire the property. The owners have apparently entered into a contract to sell the property to a private developer. A party that knowingly interferes in an existing contract can be held liable for damages, including punitive damages far in excess of the actual value of the contract, for such interference. 2. Does the Borough have the power to prevent the property from being converted from farm use to a development use? There is not a simple answer to this question, but the short answer is No. The developer who is under contract to buy the property made a presentation to the Mayor and Council in November of 2013, and presented four potential development schemes for the property. Those were, a supermarket; a trucking warehouse; an office complex; and a 144 unit apartment complex consisting of five separate buildings. The Borough may decide how to rezone the property to control the development, but may not refuse to rezone it in order to frustrate development efforts. By rezoning the property, the Borough may exercise its zoning powers to regulate density, height, buffers, signage, landscaping, mandate impact studies and infrastructure expansion and otherwise control development of the property. If the rezoning is imposed by Court order, the Borough loses some or all of that power. 3. What is the Mount Laurel Doctrine and how is it regulated? Every municipality in New Jersey has an obligation to provide affordable housing opportunities for individuals and families through what is known as inclusionary zoning.
    [Show full text]
  • Greenwich Township Affordable Housing FAQ Ver 1 7/10/18
    GREENWICH TOWNSHIP AFFORDABLE HOUSING PLAN FREQUENTLY ASKED QUESTIONS 7/10/18 1. What is the affordable housing mandate from the State of NJ? Answer: In 1975, the New Jersey Supreme Court ruled in a decision commonly known as Mount Laurel I that “developing” municipalities in New Jersey are required to provide a “realistic opportunity” for the creation of affordable housing (this is called the Mount Laurel Doctrine). A second ruling in 1983 (Mount Laurel II) extended the obligation to provide affordable housing from “developing” municipalities to all municipalities and established a “builder’s remedy,” which is a site-specific re-zoning awarded to a lot owner or developer who establishes that a municipality’s ordinances do not create a realistic opportunity for the creation of affordable housing. In 1985, the State legislature adopted the Fair Housing Act (“FHA” or “the Act”), which, among other things, established the Council on Affordable Housing (“COAH”) to adopt rules for the calculation and satisfaction of municipal affordable housing or “fair share” obligations as an alternative to “builders remedy” litigation. The New Jersey Supreme Court in a decision commonly known as Mount Laurel III upheld the FHA and the creation of COAH. A builder’s remedy is a court order that requires a municipality to allow a lot owner or developer the right to develop residential projects that include an affordable housing component (known as inclusionary housing) with little regard to the densities or land uses permitted on the lot under the existing zoning. A municipality that is subjected to a successful builder’s remedy lawsuit may be required by the Courts to permit, for example, a multi-family complex in a district zoned exclusively for single- family residential uses.
    [Show full text]
  • Amended Third Round Housing Element & Fair Share Plan
    2020 Amended Third Round Housing Element & Fair Share Plan February 20, 2020 Adopted March 4, 2020 Endorsed June 10, 2020 City of Lambertville, Hunterdon County, New Jersey Prepared by: Clarke Caton Hintz | 100 barrack street | trenton, nj | 08608 Amended Housing Element & Fair Share Plan City of Lambertville, Hunterdon County, New Jersey Adopted by the Planning Board on March 4, 2020. Endorsed by the City Council on June 10, 2020. Prepared for City of Lambertville by Clarke Caton Hintz: Emily R. Goldman, PP, AICP | PP License # 6088 A signed and sealed version is available at the municipal building. PLANNING BOARD Paul Kuhl, Chair John Miller, Vice Chair Julia Fahl, Mayor Elizabeth “Beth” Asaro, Council President Zac Anglin Gina Fischetti, Environmental Commission Representative Sarah Gold Filomena Hengst Kevin Romano Stephanie Moss, Alternate 1 Michelle Komie, Alternate 2 Crystal Lawton, Planning Board Secretary Timothy Korzun, Esq., Planning Board Counsel Douglas Rossino, P.E., Planning Board Engineer Helen “Bambi” T. Kuhl, Director of Public Assistance/Municipal Housing Liaison MAYOR & CITY COUNCIL Hon. Julia Fahl, Mayor Elizabeth “Beth” Asaro, Council President Wardell Sanders Julia Taylor Madeline “Maddie” Urbish Cynthia Ege, City Clerk William Opel, Esq., City Attorney Kelly Grant, Esq., Affordable Housing Attorney John Chayko, P.E., City Engineer Helen “Bambi” T. Kuhl, Director of Public Assistance/Municipal Housing Liaison Amended Third Round Housing Element and Fair Share Plan and Spending Plan City of Lambertville TABLE OF
    [Show full text]
  • Cite As: 215 NJ 578, 74 A.3D
    74 A.3d 893 Page 1 215 N.J. 578, 74 A.3d 893 (Cite as: 215 N.J. 578, 74 A.3d 893) See also 390 N.J.Super. 1, 914 A.2d 348. Supreme Court of New Jersey. In the Matter of the ADOPTION OF N.J.A.C. 5:96 West Headnotes and 5:97 by the New Jersey Council on Affordable Housing. [1] Zoning and Planning 414 1107 Argued Nov. 14, 2012. 414 Zoning and Planning Decided Sept. 26, 2013. 414II Validity of Zoning Regulations 414II(B) Particular Matters Background: Builders' association and affordable 414k1107 k. Public and low-income hous- housing advocacy organizations, among others, ap- ing. Most Cited Cases pealed from Council on Affordable Housing's (CO- AH) adoption of revised third-round substantive rules When exercising their power to zone, municipal- for calculation of affordable housing needs and crite- ities across the state, not just developing municipali- ria for satisfaction of needs, for purposes of munici- ties, are required to account for the housing needs of palities' duty under Mount Laurel doctrine to provide individuals residing outside of their municipalities, for a realistic opportunity for fair share of region's but within the region that contributes to the housing needs for affordable housing. The Superior Court, demand in their municipalities. Appellate Division, Skillman, P.J.A.D., 416 N.J.Super. 462, 6 A.3d 445, affirmed in part, reversed [2] Zoning and Planning 414 1107 in part, and remanded. COAH petitioned, and mu- nicipalities cross-petitioned for review, which was granted. 414 Zoning and Planning 414II Validity of Zoning Regulations 414II(B) Particular Matters Holdings: The Supreme Court, LaVecchia, J., held 414k1107 k.
    [Show full text]
  • Highlands Housing Element and Fair Share Plan
    HOUSING ELEMENT AND FAIR SHARE PLAN Borough of Highlands Monmouth County, New Jersey June 2016 Adopted by Highlands Land Use Board on July 14, 2016 Prepared By: Heyer, Gruel & Associates Community Planning Consultants 236 Broad Street, Red Bank, NJ 07701 (732) 741-2900 Borough of Highlands June 8, 2016 Monmouth County, New Jersey Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- DRAFT HOUSING ELEMENT AND FAIR SHARE PLAN Borough of Highlands Monmouth County, New Jersey June 8, 2016 Adopted July 14, 2016 Prepared By: Heyer, Gruel & Associates Community Planning Consultants 236 Broad Street, Red Bank, NJ 07701 (732) 741-2900 The original of this report was signed and sealed in accordance with N.J.S.A. 45:14A-12 ____________________________________ Susan S. Gruel, P.P. #1955 _____________________________________ Fred Heyer, AICP, P.P. #3581 ____________________________________ M. McKinley Mertz, Associate Planner 2 Borough of Highlands June 8, 2016 Monmouth County, New Jersey Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- Table of Contents PART 1: HOUSING ELEMENT .............................................................................................................................. 4 INTRODUCTION .............................................................................................................................................
    [Show full text]
  • Fair Housing Case Law
    FAIR HOUSING CASE LAW The judicial system's interpretation of the rules and regulations governing fair housing establishes court precedents that serve as important guidance for municipalities and developers striving to affirmatively further fair housing. Click here to print this section in its entirety. Buchanan v. Warley: 1917 Key Finding: The court declared racially biased zoning unconstitutional. Background Buchanan was a white individual who entered into a contract with Warley, a black individual, for the sale of a piece of property in Louisville, Kentucky. The contract stipulated that the sale was conditional on Warley's legal right to occupy the property as a residence. At the time, Louisville had an ordinance that prohibited blacks from residing on a block where the majority of residents were white. The property that Warley was under contract to purchase was located in a neighborhood where 8 out of the 10 houses were occupied by whites. Buchanan alleged that the Louisville Ordinance prevented the sale of the property and violated property rights of both blacks and whites under the 14th Amendment.1 Outcome The Supreme Court overturned the ruling of the Kentucky Court of Appeals and found that Louisville’s racial zoning ordinance violated the 14th Amendment’s due protection clause and marked an infringement of contractual freedom because it interfered with private property sales between whites and blacks. While the Buchanan decision marked a victory in the battle against racial segregation it only applied to legal statutes and did not address the use of private agreements designed to achieve the same result through racially‐restrictive covenants.2 Racially‐restrictive covenants became increasingly popular following the Buchanan decision.
    [Show full text]
  • Re-Examining the Mount Laurel Doctrine After the Demise
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Seton Hall University Libraries Seton Hall University eRepository @ Seton Hall Law School Student Scholarship Seton Hall Law 2012 Re-Examining the Mount Laurel Doctrine After the Demise of the Council on Affordable Housing: A Critique of the Builder’s Remedy and Voluntary Municipal Compliance Corey Klein Seton Hall Law Follow this and additional works at: https://scholarship.shu.edu/student_scholarship Part of the Property Law and Real Estate Commons Recommended Citation Klein, Corey, "Re-Examining the Mount Laurel Doctrine After the Demise of the Council on Affordable Housing: A Critique of the Builder’s Remedy and Voluntary Municipal Compliance" (2012). Law School Student Scholarship. 123. https://scholarship.shu.edu/student_scholarship/123 Klein 1 RE-EXAMINING THE MOUNT LAUREL DOCTRINE AFTER THE DEMISE OF THE COUNCIL ON AFFORDABLE HOUSING: A CRITIQUE OF THE BUILDER’S REMEDY AND VOLUNTARY MUNICIPAL COMPLIANCE Corey Klein I. INTRODUCTION In its landmark 1975 decision in Southern Burlington County NAACP v. Township of Mount Laurel (Mount Laurel I), 67 N.J. 151 (1975), the New Jersey Supreme Court ruled that municipalities must use their zoning powers in such a way to provide low- and moderate- income residents with a realistic opportunity to afford housing within their borders.1 The court found that Mount Laurel Township had used its zoning powers to effectively exclude lower income residents.2 In 1983, the court reaffirmed the basic premise of Mount Laurel I in Southern Burlington County NAACP v. Township of Mount Laurel (Mount Laurel II), 92 N.J.
    [Show full text]
  • Veteran Homelessness Report October 6, 2019
    Veteran Homelessness Report October 6, 2019 NJCounts 2019, the statewide Point-in-Time count of the homeless found that on the night of January 22, 2019, a total of 8,864 men, women and children in 6,748 households were identified as experiencing homelessness in the state of New Jersey. This was an overall decrease in the number of men, women and children experiencing homelessness with of 439 persons (5%) identified in 2019 from the number of persons identified in 2018. In New Jersey, NJCounts is coordinated on a single day across the state allowing for comparable data across all communities from year to year. Monarch Housing Associates has coordinated NJCounts since 2014 as commissioned by the New Jersey Housing and Mortgage Finance Agency. “Unfortunately, New Jersey continues to be one of the most expensive states to live in. According to the National Low-Income Housing Coalition (NLIHC) Out of Reach report, NJ is the 6th most expensive state in the nation,” said Taiisa Kelly at the time of the NJCounts 2019 report release in July 2019. While the homeless population in New Jersey as a whole has decreased, nine counties saw an increase in the number of homeless individuals living in their local communities. Trump Adminstration Proposed Rule Would Make it Harder for Those Impacted by Poverty to Afford Food; Increase Risk of Homelessness The Trump administration has published a proposed rule in the Federal Register on that would end “broad-based categorical eligibility” for Supplemental Nutrition Assistance Program (SNAP.) If the proposed rule is implemented, about 3.1 million low-income people would be kicked off the program, and 500,000 children would no longer qualify for free school meals.
    [Show full text]
  • A Forty-Year Failure: Why the New Jersey Supreme Court Should Take Control of Mount Laurel Enforcement
    JOSEPH MARSICO.DOCX (DO NOT DELETE) 8/30/2017 12:17 PM A FORTY-YEAR FAILURE: WHY THE NEW JERSEY SUPREME COURT SHOULD TAKE CONTROL OF MOUNT LAUREL ENFORCEMENT Joseph Marsico* I. INTRODUCTION .......................................................................... 150 II. BACKGROUND .......................................................................... 154 A. Mount Laurel I and its Constitutional Implications ............ 154 i. Procedure and Issue ............................................................ 155 ii. Constitutional Principles ................................................... 156 B. Implementing the Mount Laurel Doctrine ........................... 158 i. Mount Laurel II .................................................................. 158 ii. Fair Housing Act and the Council on Affordable Housing ............................................................................ 159 iii. First and Second-Round Rules ........................................ 160 iv. Third-Round Rules ........................................................... 160 C. Latest Developments ............................................................. 162 i. COAH’s Failure ................................................................. 162 ii. SCNJ’s Granted Relief ...................................................... 163 III. ANALYSIS AND ARGUMENT ..................................................... 164 A. Mount Laurel as a Constitutional Doctrine ......................... 165 B. Mount Laurel and Brown .....................................................
    [Show full text]