On November 7, 2012, the New Jersey Supreme Court will be hearing oral argument as to whether the latest regulations adopted by the Council on Affordable Housing (“COAH”) are valid. Regardless of how the Supreme Court rules, the decision will have a far-ranging impact on the future of affordable housing in New Jersey and is being watched closely by developers, municipalities and public interest groups.
Senate Bill S-1, which revises and reforms many of the statutes relating to affordable housing in New Jersey, was voted out of the Senate Economic Growth Committee on June 3rd with amendments. S-1 would abolish the Council on Affordable Housing (COAH) and would allow municipalities to administer their own affordable housing obligations. S-1 would eliminate State imposed calculations of affordable housing need and would permit local governments to take charge of planning for affordable housing.