Legislators to Introduce Bill Overriding Court Decision on Affordable Housing

By: Henry T. Chou, Esq. Lawmakers have reacted swifty to the Appellate Division’s recent decision that affordable housing must be accorded “inherently beneficial” status when proposed in use variance applications, even if a town has already otherwise met all affordable housing obligations assigned by the Council on Affordable Housing (COAH). On September 18, two Republican [...]

Appellate Division Holds Affordable Housing Qualifies as “Inherently Beneficial Use” in Use Variance Applications

By: Henry T. Chou, Esq. On August 24, 2009, the Appellate Division issued a decision in Homes of Hope v. Eastampton Land Use Planning Board that makes it harder for municipal land use boards to deny use variance applications by developers seeking to build affordable housing. At issue in the lawsuit was whether a 100% [...]

NON-RESIDENTIAL DEVELOPMENT FEE ACT AMENDMENTS

On July 27, 2009 Governor Jon S. Corzine signed into law the New Jersey Economic Stimulus Act of 2009. Sections 37 through 39 of the New Jersey Economic Stimulus Act of 2009 suspend the Non-Residential Development Fee Act which was signed into law on July 17, 2008. As a result, proof of payment of a [...]

Update on COAH in New Jersey

AIA-NJ supports the proposed 18 month moratorium on COAH fees to promote economic activity in the state. We have formed a special task force which will research issues and make recommendations for COAH going forward. AIA-NJ has also been invited by State Senator Lesniak to participate in the COAH discussion over the next 18 months.