In the Matter of the Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing
110 A.3d 31
| N.J. | 2015Background
- Mount Laurel line of cases imposes constitutional zoning obligations to provide realistic opportunities for low/moderate-income housing.
- FHA created COAH to administer and update regional housing obligations and offer immunities for compliance.
- COAH failed to adopt Third Round Rules by deadlines, rendering administrative relief nonfunctional.
- Court issued March 14, 2014 order directing COAH to adopt Third Round Rules by Nov 17, 2014 or face relief.
- FSHC sought Rule 1:10-3 relief to lift FHA exhaustion and allow court-based review of municipalities’ compliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether exhaustion of administrative remedies should be dissolved. | FSHC argues COAH’s inaction makes exhaustion futile. | COAH contends some time remains to complete rulemaking. | Exhaustion dissolved; courts may hear constitutional-compliance actions. |
| How transition should occur for towns under COAH’s failed regime. | Towns should receive protections and a pathway to court review. | COAH should be allowed to complete Third Round Rules or maintain procedures. | Establishes a ninety-day delay and a two-class transition with court-led review. |
| What process courts will use to review towns’ compliance under Mount Laurel. | Courts to evaluate plans for realistic opportunity to meet obligations. | Risk of punitive impact from reverting to court review. | Judicial forum becomes first-instance reviewer with immunities and phased actions. |
Key Cases Cited
- S. Burlington Cnty. NAACP v. Twp. of Mount Laurel (Mount Laurel I), 67 N.J. 151 (1975) (constitutional zoning obligation; realistic opportunity for housing)
- S. Burlington Cnty. NAACP v. Twp. of Mount Laurel (Mount Laurel II), 92 N.J. 158 (1983) (realistic opportunity for fair share of regional housing need)
- Hills Dev. Co. v. Twp. of Bernards, 103 N.J. 1 (1986) (substantive certification; Mount Laurel framework)
- In re Adoption of N.J.A.C. 5:96 & 5:97, 215 N.J. 578 (2013) (administrative rules invalidated; need for transitional relief)
- In re Adoption of N.J.A.C. 5:96 & 5:97, 215 N.J. 578 (2013) (2013) (Court decision explaining prior rule framework and compliance)