Phillips Preiss Grygiel

NJ Supreme Court's Lastest Affordable Housing Ruling Transfers Powers to the Courts

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The New Jersey Supreme Court has shifted responsibility for determining municipal compliance with affordable housing obligations from the New Jersey Council on Affordable Housing (COAH) to the courts. As set forth in the Court's latest decision on this topic, which can be downloaded here, the courts may resume their role as the forum of first resort for evaluating municipal compliance. The decision provided some direction to municipalities, but left many questions unanswered as the affordable housing landscape shifts once again. PPG is advising a number of New Jersey municipalities as to what steps need to be taken to avoid legal challenge to their housing plans.