Tag: COAH

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Obama making bid to diversify wealthy neighborhoods that means Ridgewood

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By Tim Devaney – 06/11/15 06:00 AM EDT

The Obama administration is moving forward with regulations designed to help diversify America’s wealthier neighborhoods, drawing fire from critics who decry the proposal as executive overreach in search of an “unrealistic utopia.”

A final Department of Housing and Urban Development (HUD) rule due out this month is aimed at ending decades of deep-rooted segregation around the country.

The regulations would use grant money as an incentive for communities to build affordable housing in more affluent areas while also taking steps to upgrade poorer areas with better schools, parks, libraries, grocery stores and transportation routes as part of a gentrification of those communities.

“HUD is working with communities across the country to fulfill the promise of equal opportunity for all,” a HUD spokeswoman said. “The proposed policy seeks to break down barriers to access to opportunity in communities supported by HUD funds.”

It’s a tough sell for some conservatives. Among them is Rep. Paul Gosar (R-Ariz.), who argued that the administration “shouldn’t be holding hostage grant monies aimed at community improvement based on its unrealistic utopian ideas of what every community should resemble.”

“American citizens and communities should be free to choose where they would like to live and not be subject to federal neighborhood engineering at the behest of an overreaching federal government,” said Gosar, who is leading an effort in the House to block the regulations.

Civil rights advocates, meanwhile, are praising the plan, arguing that it is needed to break through decades-old barriers that keep poor and minority families

https://thehill.com/regulation/244620-obamas-bid-to-diversify-wealthy-neighborhoods

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We need serious discussion of the combination of these affordable housing developments and the planning board’s decision to allow hundreds of new families to move into a few acres of land in downtown Ridgewood

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We need serious discussion of the combination of these affordable housing developments and the planning board’s decision to allow hundreds of new families to move into a few acres of land in downtown Ridgewood. I think one of the consequences of the housing projects approved by the planning board will be to set ourselves up for these very builder suits as well as claims of “spot zoning.”

Affordable housing is a great goal. But what we completely don’t understand is how the courts will enforce the means to that goal. So, we are on the verge of approving 400 to 500 new family units in the middle of town at selected sites. Some of that will be designated for low income. What if it is not enough in the eyes of some judge? What if the judge measures the need for low income housing against the entire town as a whole. Is it possible the judge could say we need to designate 50% of all new housing to low income?

Frankly, that might bring a nice diversity to the town and I think we all love to hear about hard working families that are given a chance. But, what will the effect be on the speculators / builders who think they just hit the jackpot with the planning board. Low income means less profit. Will that profit come out of the facades of the buildings we have to look at? Will it come out of the taxes the developers said would be generated when the developers go in and demand tax reductions? Will it come out of the structures themselves so that we are the cusp of creating tenements in our downtown. Remember, the planning board did not approve “quality housing.” It approved increased housing density, period. If the developers are forced to give up profit by the courts, they will have no incentive to build quality units and we will have no ability to stop them from building sub-standard units.

And then there is the issue of surrounding properties. Once one property owner sees that they can tear down a store and put up 50 to 100 family units, why won’t they? The planning board randomly picked spots in town and said they were suitable for high density living. There is no rhyme or reason to what they did, other than that is what the developers asked for first. The planning board did not “plan”, it “reacted” to what the developers demanded. These same developers or the next set will come in and ask for the same treatment. And when they don’t get it, they will make the same arguments that hoodwinked the current planning board – – we need to do this to satisfy affordable housing rules. And regardless of what the planning board says, they only need to convince one judge that they are right.

The Village council needs to seriously consider these issues in detail before it approves the massive over-development of downtown Ridgewood.

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N.J. courts brace for housing lawsuits

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JULY 12, 2015, 10:09 PM    LAST UPDATED: SUNDAY, JULY 12, 2015, 10:44 PM
BY STEPHANIE AKIN
STAFF WRITER |
THE RECORD

In what some legal experts are calling a watershed moment in the decades-long battle over affordable housing in New Jersey, courts across the state are bracing for a potential onslaught of lawsuits from builders and property owners seeking to force municipalities to accept housing developments for low- and moderate-income residents.

For the first time in almost 30 years, builders can go directly to the courts, rather than a state agency long criticized as a bureaucratic black hole, to challenge local building restrictions if towns have not shown that they meet state quotas for affordable housing.

“It’s a very big deal,” said Lori Grifa, a Hackensack-based lawyer and former chairwoman of the New Jersey Council on Affordable Housing. “The courts will be very busy this summer.”

The Christie administration in 2011 tried to disband the Council on Affordable Housing, which for decades oversaw how municipalities regulated low-income development, calling it ineffective. But in March, the state Supreme Court ruled that affordable housing must be regulated and put judges in charge of setting rules and giving guidance to towns on how many low-cost housing units they should build.

The ruling was delayed for 90 days to allow towns and housing developers, as well as the courts, time to set up a system to handle the potential litigation. It then provided towns a 30-day grace period — starting June 8 — to initiate claims showing that they already have enough affordable housing and should be considered immune from builders’ lawsuits.

After that, towns that have not filed anything with the courts could be sued.

https://www.northjersey.com/news/n-j-courts-brace-for-housing-lawsuits-1.1373088

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Obama making bid to diversify wealthy neighborhoods

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By Tim Devaney – 06/11/15 06:00 AM EDT

The Obama administration is moving forward with regulations designed to help diversify America’s wealthier neighborhoods, drawing fire from critics who decry the proposal as executive overreach in search of an “unrealistic utopia.”

A final Department of Housing and Urban Development (HUD) rule due out this month is aimed at ending decades of deep-rooted segregation around the country.

The regulations would use grant money as an incentive for communities to build affordable housing in more affluent areas while also taking steps to upgrade poorer areas with better schools, parks, libraries, grocery stores and transportation routes as part of a gentrification of those communities.

“HUD is working with communities across the country to fulfill the promise of equal opportunity for all,” a HUD spokeswoman said. “The proposed policy seeks to break down barriers to access to opportunity in communities supported by HUD funds.”

It’s a tough sell for some conservatives. Among them is Rep. Paul Gosar (R-Ariz.), who argued that the administration “shouldn’t be holding hostage grant monies aimed at community improvement based on its unrealistic utopian ideas of what every community should resemble.”

“American citizens and communities should be free to choose where they would like to live and not be subject to federal neighborhood engineering at the behest of an overreaching federal government,” said Gosar, who is leading an effort in the House to block the regulations.

https://thehill.com/regulation/244620-obamas-bid-to-diversify-wealthy-neighborhoods

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Opinion: 35 Units an Acre is Too Many

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We thought we would share an opinion piece that was written by a resident for the “Tips From Town” website.

The recent decision by the Planning Board to approve the amendment of our master plan to allow for 35 units an acre, three times what is currently allowed, has me experiencing a flood of negative emotions, everything from sadness, to fear, to anger.

A recent article in North Jersey.com, notes all three of the builders left the vote with big smiles on their faces, and why wouldn’t they? It feels very much as if the 6 out of 9 members who voted “Yes” had exactly the builders’ satisfaction and approval in mind when they cast their careless vote. Many are arguing they may have had some more selfish motives in mind, but I won’t speculate. The four builders who originally petitioned for the change asked for 55 units/acre, probably hoping for half that, and the Town Planning Board, whose responsibility should be to the residents of Ridgewood, nodded their heads like puppets, and essentially said, “Whatever you need to turn a profit at the expense of our village.” Thank you to the three members who voted no.

I know the town needs to change with the times. I support multi-family housing development, just not at this density. There is no doubt if the Village Council supports the Planning Board’s recommendation, we Ridgewood residents are in for a helluva time. I can barely drive through town now with all the congestion. Imagine what this will do to traffic. It took months to “improve” the underpass at Garber square, what will this kind of massive construction do to the safety and usability of downtown? And, that is just in the short term.

https://ridgewood.tipsfromtown.com/2015/06/05/opinion-35-units-an-acre-is-too-many/

 

If you agree, please share with your neighbors and consider signing the petition to let our council know just how many residents are opposed to the proposal before them

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Court: Christie can’t use towns’ affordable housing trust fund

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APRIL 9, 2015, 1:30 PM    LAST UPDATED: THURSDAY, APRIL 9, 2015, 11:55 PM
BY SALVADOR RIZZO
STATE HOUSE BUREAU |
THE RECORD

A state appeals court on Thursday blocked Governor Christie’s efforts to take $160 million out of trust funds that towns use to build low-cost housing units for poor, disabled and elderly residents.

It was the latest setback for Christie in a legal battle brewing for years over New Jersey’s troubled housing program for poor residents. Last month, the state Supreme Court ruled that Christie’s inaction on affordable-housing matters had gone on too long and required an urgent fix.

As an end run around the Christie administration, the high court put judges in charge of setting rules and giving guidance to towns on how many low-cost housing units they should be building. With Thursday’s ruling by the appeals court, the judiciary is now set to take control of millions of dollars in housing funds to implement those plans.

Christie, a Republican, in 2012 tried to take the housing funds to help balance the state budget. The appeals court rejected his position and faulted his administration for ignoring previous court orders, declining to write statewide housing regulations and leaving New Jersey towns in the dark as to how many homes should be built for their lowest-income residents.

https://www.northjersey.com/news/court-christie-can-t-use-towns-affordable-housing-trust-funds-1.1306007

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New Jersey’s Supremes direct trial courts to manage affordable housing

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New Jersey’s Supremes direct trial courts to manage affordable housing

Posted by Matt Rooney On March 10, 2015

By Matt Rooney | The Save Jersey Blog

Assemblyman Greg McGuckin voiced frustration on Tuesday afternoon, Save Jerseyans, after our state Supreme Court gave trial courts jurisdiction over affordable housing in the Garden State.

Click here to read the Opinion of Justice LaVecchia.

“Once again, our Supreme Court has decided that the elected branch of government will not set housing policy in our state, but instead it will be done by the courts,” said McGuckin, R-Ocean. “I urge my Assembly colleagues to immediately pass A-4124, introduced last month by Assemblyman (Dave) Rible and myself. The measure protects municipalities, which have not historically discriminated against low and moderate income residents, from the oncoming barrage of builder’s remedy lawsuits. Towns that have not committed a constitutional violation should not be forced to provide a constitutional remedy.”

New Jersey’s affordable housing guidelines expired in 1999. Litigation commenced last year when COAHfailed to issue new rules by November 2014 as mandated by the Supreme Court. Gov. Christie continues to run into court-imposed roadblocks on this issue and others, too, notably on the pension front (and most recently on the eve of his FY 2016 budget address).

https://savejersey.com/2015/03/new-jerseys-supremes-direct-trial-courts-to-manage-affordable-housing/

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N.J. Supreme Court to hear arguments in affordable housing regulations case

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N.J. Supreme Court to hear arguments in affordable housing regulations case

December 4, 2014, 5:23 PM    Last updated: Thursday, December 4, 2014, 5:23 PM
By MICHAEL PHILLIS
State house bureau |
The Record
Print

The state Supreme Court announced Thursday that it will hear arguments in a case that will decide who gets to write the rules that govern affordable housing regulations, a long-standing issue that could impact every town in the state.

The state Supreme Court on Thursday announced it would hear oral arguments in a case that could transfer the power of writing affordable housing guidelines from the executive branch to the judiciary.

Oral arguments are scheduled for Jan. 6.

The Council on Affordable Housing, whose members are appointed by the governor, is tasked with  which is in charge of writing affordable housing rules., The council missed a state Supreme Court deadline to approve new guidelines, a time limit set by the Supreme Court as part of an ongoing lawsuit. After they missed the deadline, Fair Share Housing Center, an advocacy group focused on affordable housing, asked that the courts judiciary to take over the process.

The council operates within the executive branch. The A change in venue for affordable housing law would be significant because Governor Christie, who has loudly criticized affordable housing mandates, would have a downsized role in the rule making process. Instead, the court system that originally said affordable housing was a right would gain a new role in how it is implemented.

https://www.northjersey.com/news/n-j-supreme-court-to-hear-arguments-in-affordable-housing-regulations-case-1.1146732

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Stuart Rabner Enabler of statewide economic failure reappointed as Chief justice of the New Jersey Supreme Court

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Stuart Rabner Enabler of statewide economic failure reappointed as Chief justice of the New Jersey Supreme Court

The state Senate this week overwhelmingly officially re-upped the appointment of the chief justice of the New Jersey Supreme Court despite the protests of some Republicans in the senate, including state Sen. Joe Kyrillos (R-13), who characterized Rabner as an enabler of statewide economic failure. (Politicker Staff)

https://www.politickernj.com/75006/winners-and-losers-week-june-16th

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CHRISTIE’S QUID PRO QUO: WILL IT CHANGE DIRECTION OF TOP COURT?

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CHRISTIE’S QUID PRO QUO: WILL IT CHANGE DIRECTION OF TOP COURT?

t’s unclear whether the renomination of state Supreme Court Chief Justice Stuart Rabner will change the direction of the New Jersey’s highest court.

But Gov. Chris Christie’s action yesterday, taken as part of a deal to add a Republican to the bench, resolves a question that had concerned the state’s legal community. Some, however, say it does not negate the need for a constitutional amendment essentially giving judges lifetime tenure to ensure the continued independence of the state’s judiciary. (O’Dea/NJSpotlight)

https://www.njspotlight.com/stories/14/05/22/christie-s-quid-pro-quo-will-it-change-direction-of-top-court/

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WHY ?? COAH , ABBOTT SCHOOLS TAX PAYERS WANT TO KNOW WHY ‘High-level’ talks could save N.J. Chief Justice Stuart Rabner

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WHY ?? COAH , ABBOTT SCHOOLS TAX PAYERS WANT TO KNOW WHY  ‘High-level’ talks could save N.J. Chief Justice Stuart Rabner

MAY 17, 2014    LAST UPDATED: SATURDAY, MAY 17, 2014, 12:24 AM
BY CHARLES STILE
RECORD COLUMNIST
THE RECORD

Stuart Rabner, the chief justice of New Jersey whose position on the court may be in jeopardy, couldn’t have asked for a better opportunity to defend his career and his style of jurisprudence.

Instead, he hawked a new “app” for lawyers.

“You can download it right now and see for yourself,” Rabner told an admiring crowd of 400 at the New Jersey Bar Association’s annual convention at the Borgata Casino in Atlantic City. “I won’t be offended.”

Rabner’s focus on high-tech seemed a bit misplaced, given that Governor Christie has made no secret of his displeasure with the chief justice and may deny him tenure. If that happens, Rabner would be the first chief justice in the modern court’s 67-year history to be ousted.

But there was a reason Rabner was studiously avoiding talking about the “elephant in the room” topic, as Paula Franseze, a Seton Hall law professor, described it. State Senate President Stephen Sweeney, D-Gloucester, and Christie are discussing possible scenarios in which Rabner gets renominated — and receives tenure until he turns 70 in 2029. In exchange, Sweeney would agree to hold confirmation hearings on one or possibly two Christie choices for other open spots on the court now blocked by Democrats in the Senate who must approve nominees.

Both Sweeney and Christie’s offices refused to comment, but state Sen. Nicholas Scutari, the Union County Democrat who heads the Senate Judiciary Committee, told Friday’s gathering that “high-level negotiations are under way.” He declined to elaborate.

– See more at: https://www.northjersey.com/news/stile-high-level-talks-could-save-n-j-chief-justice-stuart-rabner-1.1018088#sthash.vE9VGi9Q.dpuf

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COAH Meeting Canceled After State Supreme Court Issues Temporary Stay

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COAH Meeting Canceled After State Supreme Court Issues Temporary Stay

Appellate panel had ordered fair-share housing agency to hold its first meeting in 10 months.

Just 18 hours before the NJ Council on Affordable Housing was to hold a court-ordered meeting, which would have been its first in 10 months, the agency cancelled that meeting after the state Supreme Court issued a temporary stay of the order late yesterday afternoon.

The stay issued by the state’s highest court’s one-page order put a hold on last Friday’s extraordinary Appellate Division ruling that COAH meet by 9:30 a.m. today to begin working on rules for municipalities to provide their “fair share” of housing for low- and moderate-income residents as required under the state Supreme Court’s so-called Mount Laurel rulings.

Soon after the Supreme Court issued its temporary stay, the state Department of Community Affairs posted a that it had cancelled the meeting. Spokesmen for DCA and the state Attorney General’s office both declined comment. The meeting cancellation notice stated that the meeting “has been cancelled because the Supreme Court’s Order stayed the Appellate Division’s Order of March 7, 2014, which constituted the legal basis for holding the emergency meeting.”

Prior to early 2011, COAH used to hold monthly meetings. The council is supposed to have 12 members, but currently only half the seats are filled. (O’Dea/NJSpotlight)

https://www.njspotlight.com/stories/14/03/11/coah-meeting-canceled-after-state-supreme-court-issues-temporary-stay/