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).