New Jersey Appellate Division Strikes Down Affordable Housing Regulations

Author: William F. Harrison and Jennifer Mazawey View the article On October 8, 2010, the Appellate Division of the New Jersey Superior Court rejected a significant portion of the Council of Affordable Housing’s (“COAH”) revised affordable housing regulations (the “third round rules”).  COAH was given five months to adopt new compliant regulations.  This is the second time in three years that the Appellate Division has remanded third round rules to COAH for redrafting.  In 2007, In re Adoption of N.J.A.C. 5:94 and 5:95, 390 N.J. Super. 1 (App. Div. 2007), the court invalidated a substantial portion of COAH’s original third round rules and remanded to COAH for the adoption of revised rules.