The firm also has extensive experience assisting municipalities with affordable housing compliance. Mr. Ricci was the principal author of Second and Third Round housing elements and fair share plans or provided affordable housing compliance for the following municipalities:

  • Byram
  • Fanwood
  • Glen Ridge
  • Highlands
  • Holmdel
  • Nutley
  • Prospect Park
  • Wallington

Affordable Housing Update:

The New Jersey Council on Affordable Housing (COAH) was eliminated effective August 29, 2011 in accordance with Governor Christie’s June 29, 2011 Reorganization Plan No. 001-2011, which transferred all functions, duties and personnel of COAH to the Commissioner of the Department of Community Affairs (DCA).

Since the Governor enacted Reorganization Plan No. 001-2011, the DCA has instituted interim procedures for affordable housing, which streamlined some administrative procedures. However, permanent procedures have not yet been implemented, and it is unclear whether remaining affordable housing rules will be further invalidated by active challenges to them.

On March 8, 2012, the Appellate Division reversed Reorganization Plan 001-2011 on the basis that the Governor lacked authority to eliminate a state agency without legislative approval. Accordingly, COAH was reinstated as a state agency.

As of July 2012, neither COAH nor the DCA have revised the state's affordable housing rules. All of these factors point towards potential major changes to affordable housing requirements, and it is unclear what their exact form will be. However, it is clear that municipalities will continue to have a constitutional obligation to provide a realistic opportunity for affordable housing. This obligation will remain unless there is an amendment to the state constitution. It is, therefore, clear that affordable housing regulations in New Jersey are still far from settled.

While the state has not provided municipalities with direction on future affordable housing requirements, it intends to seize municipal affordable housing trust funds, unless they were spent or committed for affordable housing purposes prior to July 17, 2012.

Send Mail Send Mail