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COAH’s Third Round Rules Struck Down By New Jersey Supreme Court. Good For...

On September 26, 2013, the New Jersey Supreme Court issued its long awaited decision of In re Adoption of N.J.A.C. 5:96 & 5:97 by N.J. Council on Affordable Housing which upheld and modified the...

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The COAH Saga Continues

On March 7, 2014, the Appellate Division entered yet another Order in the ongoing affordable housing quagmire.  On September 26, 2013, the New Jersey Supreme Court directed COAH to promulgate its third...

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COAH Releases Its Long-Awaited Regulations

On April 30, 2014, COAH finally released its third iteration of the Round Three affordable housing regulations (“Proposed Regulations”). The Proposed Regulations are now available on COAH’s website. As...

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Fourteen Years Later And Still No Third Round Regulations

On October 20, 2014, the Council on Affordable Housing (“COAH”) convened ostensibly to adopt its third set of Third Round Regulations in order to meet the October 22, 2014 deadline imposed by the New...

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Affordable Housing Is Now In The Hands of the Trial Courts

This morning, the New Jersey Supreme Court issued an Order and unanimous Opinion on COAH’s failure to adopt third round affordable housing regulations. In a nutshell, it held that due to COAH’s...

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Interested In Affordable Housing? Now Is The Time To Put Municipalities On...

On March 10, 2015, the New Jersey Supreme Court (“Court”) placed affordable housing compliance back in the hands of the trial courts due to the ineffectiveness and inaction of the Council on Affordable...

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Court Addresses “Catalyst” Requirement under Mt. Laurel Doctrine and Rejects...

Co-authored by Melissa A. Clarke In this recent affordable housing decision, the Appellate Division upheld a Union County trial court’s final order granting a builder’s remedy to plaintiff Cranford...

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The Appellate Division Reverses COAH’s Gap Period Requirement

This is big. Affordable housing in New Jersey has taken another major turn in the Court system due to the latest decision in the Appellate Division handed down on July 11, 2016. Most importantly, the...

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The New Jersey Supreme Court Issues Its Gap Period Decision

On January 18, 2017, the New Jersey Supreme Court held that municipalities do have an obligation to satisfy the unmet affordable housing obligations arising from 1999 through 2015, the so-called “gap...

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Court Establishes Affordable Housing Obligations for West Windsor and Princeton

Mercer County Superior Court Judge Mary Jacobson issued a 217 page decision and order on March 8, 2018 establishing the methodology and fair share affordable housing obligations for Princeton and West...

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