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WILL AFFORDABLE-HOUSING DECISION BE DERAILED BY JUDGE’S TIES TO DEVELOPER?

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COLLEEN O’DEA | AUGUST 10, 2017

Judge ruled South Brunswick must build 3,000 units of affordable housing, but township wants decision set aside due to ‘appearance of impropriety’

New Jersey’s only municipality to receive its affordable-housing obligation from a judge’s order is continuing to appeal that number, even as construction is underway on the first new developments since the Supreme Court got back in the middle of the Mount Laurel housing controversy. The township is claiming the Superior Court judge was compromised by a relationship with the developer.

It’s been almost two-and-a-half years since the state’s highest court took control of affordable housing matters away from the “moribund” New Jersey Council on Affordable Housing and tossed it back to the courts, which had been the original deciders of low- and moderate-income housing claims following the Supreme Court’s landmark Mount Laurel rulings. In those cases, which date back to 1975, the court ruled that municipalities must zone for their “fair share” of their regional need for affordable housing.

The cases have been slowly winding through the Superior Courts throughout the state. The Fair Share Housing Center, the Cherry Hill-based organization leading the legal efforts to get more homes built, has reached settlements with 120 municipalities to construct more than 36,000 units from Bergen to Camden counties. Construction has even begun on projects in Woodbridge, Cherry Hill, Westfield, and Edison, welcome news to housing advocates after the process had been stalled by lawsuits and lack of action by COAH for about 16 years.

Other municipalities remain in the courts. For instance, a Mercer County judge is expected to rule within the month on the obligations for several communities in Mercer.

https://www.njspotlight.com/stories/17/08/09/will-coah-decision-be-derailed-by-judge-s-ties-to-developer/

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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