N.J. politicians criticize affordable housing appeals court ruling

[Guest]

Chris Christie asked Gov. Jon Corzine to call a special legislative session and denounce an Appellate Division decision issued Monday, that may set a precedent for towns already meeting the Council on Affordable Housing quota.

http://www.nj.com/news/index.ssf/2009/08/affordable_housing_court_decis.html

[Politicker NJ]

Haines/Bateman Bill To Solve Ill-Advised Mount Laurel Court Case to Be Introduced
By wmurray
Bill To Solve Ill-Advised Mount Laurel Court Case to Be Introduced

Senators Philip Haines (R- Burlington) and Christopher "Kip" Bateman (R-Somerset) have drafted legislation that would address the ill-advised Appellate Division court decision, Homes Of Hope, Inc. Vs. Eastampton Township Land Use Planning Board , which trumps local zoning regulations, mandating more government housing in local towns.

"The Appellate Division decision forcing towns to allow government-mandated housing even after the town has met their quota flies in the face of common sense," Haines stated. 'Sadly, this has required us to draft legislation to solve an issue that shouldn't have existed in the first place."

The bill would amend the "Municipal Land Use Law" to provide that the variance process cannot be used to force a municipality to accept more than a fair share of affordable housing. A recent Appellate Division decision in which it was held that a municipality can be required by use variance to approve additional affordable housing despite compliance with the obligation established by COAH. The statutory process of applying for and being granted substantive certification by the Council on Affordable Housing encompasses opportunities for developers to object to the affordable housing plan and zoning scheme of a municipal applicant. Municipalities often expend significant resources in planning and obtaining such certification.

"During the debate over the new Mount Laurel law and regulations the people of New Jersey were assured time and time again by the Commissioner of the Department of

Community Affairs that they would not be forced to accommodate more government mandated housing if they met there obligations under the law," Bateman continued. "We know now that those statements are untrue, that is why we must overhaul the entire COAH process, from top to bottom, starting with this absurd Appellate Division decision."

WMURRAY can be reached via email at WMurray@njleg.org.

http://www.politickernj.com/wmurray/33282/hainesbateman-bill-solve-ill-advised-mount-laurel-court-case-be-introduced