"We're considering [filing a lawsuit]; we haven't made a decision yet," Bill Dressel, executive director of NJLM tells GlobeSt.com. "We expect to make a decision by June 2."
According to Dressel, there were a number of concerns raised by the municipalities, including the impact additional housing may have on the environment and possible errors in the calculations used to generate the new affordable housing obligations. The new growth share ratio established by the regulations call for one affordable housing unit to be built among every five residential units constructed or every 16 jobs created. Previous ratios called for one unit for every nine homes and 25 jobs. There is some concern amongst the municipalities and in the development community that this could discourage development.
"We heard broad-based concerns from our members," says Dressel. "We're hoping that some of these issues will be reversed. There are a number of issues that have been raised that have caused local governments concern."
One local government that voiced its concerns was Clinton Township, whose mayor, along with the mayors of Union, Bridgewater, Readington, Tewksbury, Washington and Franklin Townships as well as the mayors of Hampton and Lebanon Boroughs sent a letter in early February to Department of Community Affairs commissioner Joseph Doria. COAH is part of the DCA.
The letter, obtained by GlobeSt.com from the Township website, contends that the new rules require municipalities to "plan for affordable housing based upon growth which is unlikely to occur," partially because the plan was formulated based on development that occurred before Highlands Legislation and wastewater management regulations went into effect. In addition, the mayors are concerned that "developers will struggle to satisfy the growth share ratios in prospective development." This is a particular concern for the municipalities that signed the letter in February, as they are all located near Route 78 and face stiff development competition from Pennsylvania.
According to published reports, Clinton and 17 other municipalities are considering filing their own lawsuit against the state, seeking to overturn the affordable housing rules or force COAH to make substantial changes to them. Requests for comment to Clinton Mayor Nick Corcodilos were not returned as of press time. In response to queries regarding the lawsuit, the DCA tells GlobeSt.com that "the Council on Affordable Housing is currently focused on helping municipalities meet their constitutional obligations to provide affordable housing for all of New Jersey's hardworking families and individuals. We encourage municipalities to reach out to us as soon as is possible to begin this process for COAH's new third round rules."
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