COAH article in Princeton Packet

[Concerned]

Towns mull legal challenge to COAH's affordable-housing plan
Friday, May 2, 2008 7:18 AM EDT
By Greg Forester, Staff Writer




Council on Affordable Housing regulations set to become law in early June that would greatly increase the obligation of towns to provide low- and moderate-income housing have area municipalities considering joining a lawsuit led by the New Jersey State League of Municipalities.

The league has begun soliciting pledges of $500 from municipal governments to be put into a general litigation fund, with officials from Princeton Borough, Princeton Township, West Windsor, Plainsboro and Montgomery all receiving requests to consider throwing municipal dollars into the lawsuit pot.

Litigation led by the League of Municipalities could by only one part of a lawsuit free-for-all, one local municipal attorney predicted.

Michael Herbert — who is attorney for West Windsor and Plainsboro — said that it is likely that housing advocates, construction and development entities, and towns will all begin filing suits as result of perceived problems in the new regulations, which seem to double previous affordable housing obligations mandated in the state.

”We anticipate, unfortunately, that this will be litigated,” said Mr. Herbert, who noted Princeton Borough officials would likely consider joining the fund at some time in the near future. “I don’t know any municipality that thinks these rules make any sense.”
He said construction and development groups would join the legal fight because of the damaging effect the rules could have on the bottom line, through reduction in profitable market-rate residential units.

Those companies also face added cost in building affordable units in conjunction with a primary project that may have no residential space at all, such as an office building, or even a parking garage.

Affordable housing advocates may sue, Mr. Herbert said, because of a perception that the new regulations are actually not strong enough, a position opposite to that taken by many municipal officials.

COAH’s newly revised rules are aimed at fulfilling its declared statewide affordable housing need of 115,000 units, estimated using a growth-share approach with affordable housing needs measured as a percentage of residential and non-residential growth from 2004 to 2018.

The new regulations call for one affordable unit for every five residential units, and one affordable unit for every 16 jobs — a change from previous ratios of one in nine units and one unit for every 25 jobs. Officials from a number of towns have objected to the methods used to glean the numbers.

Plainsboro Township officials have signaled their willingness to get involved in the suit, but only after the regulations become official and only after an opportunity to review any lawsuit prepared to fight the regulations. The regulations are slated to be adopted next week and become effective in the first week of June.

”They’re not a good situation for us, and we will of course make every effort to comply,” said Robert Sheehan, township administrator for Plainsboro. “But we expect there will be another round of legal battles.”

The Montgomery Township Committee will consider joining the litigation fund in the near future, according to Mayor Cecilia Birge, who said municipal officials have grown increasingly concerned with the proposed regulations.

”We are very, very alarmed by them,” Mayor Birge said.

One specific concern aired in Montgomery is that COAH projections included parcels of preserved open space — which cannot be developed due to restrictions — in studies of total developable land, leading to even higher potential housing requirements, Mayor Birge said.

Also, new affordable housing requirements do not mesh properly with stated policies of both the New Jersey Office of Smart Growth and the New Jersey Department of Environmental Protection, Mayor Birge said.

Apparently even state officials are recognizing possible flaws in the proposed rules, according to Mayor Birge, who was present at a COAH discussion in Somerset County recently, where Department of Community Affairs CommissionerJoseph Doria spoke.

”Everyone expressed very strong concerns, and he admitted the current formula has flaws,” said Mayor Birge, who noted that Montgomery had always fulfilled affordable housing obligations stemming from previous COAH rules.

Princeton Township Attorney Ed Schmierer said he believed township officials would move to join the effort of the League of Municipalities, judging from their previous concern with the rules. They are set to deliberate on the call for pledges at their Monday night meeting, he said.

”We’re like the other towns, we don’t think the rules are reasonable,” said Mr. Schmierer.
New Jersey State League of Municipalities officials said the calls for help from the towns of New Jersey have continually been heard at the league.

”Every day another town contacts me,” said Mike Cerra, senior legislative analyst. “It seems to us that the league is the appropriate entity to combine those efforts.”

Mr. Cerra agreed with Mr. Herbert’s predictions of several legal challenges emerging after the rules go into effect. He said there could even be separate challenges, filed by individual municipal governments.

”At this point there is strong likelihood there will be multiple challenges,” said Mr. Cerra. “Unique towns have unique issues.”

What is unique about towns like West Windsor, Plainsboro and Princeton Borough, Mr. Herbert said, is their previous record in leading in the way in compliance with affordable housing requirements.

”Those three towns have a strong record of providing affordable housing, but there comes a point where it becomes too much,” he said.

http://www.packetonline.com/articles/2008/05/02/the_princeton_packet/news/doc481a67eb0f21a525766017.txt

No mention of Cranbuy joining...anyone know what the status is?