FAQ ON APPELLATE DIVISION DECISION REGARDING COAH THIRD ROUND RULES
Question: Should municipalities continue to plan for and provide affordable housing?
Answer: Yes, municipalities have a continuing constitutional obligation to provide affordable housing. COAH strongly encourages municipalities to continue to create affordable housing opportunities in this interim period. We are committed to working with you to take the necessary steps to accomplish this goal.
Question: Will COAH continue to accept third round petitions and filings?
Answer: COAH will continue to accept third round petitions and filings and to review the compliance mechanisms in the municipal fair share plans that have been submitted. We will provide written feedback to each municipality on the elements of the plan that are not affected by the decision. Municipalities with second round certification, that have not yet petitioned for third round substantive certification, will receive correspondence in the near future regarding procedures for addressing the requirement to petition for third round substantive certification by May 15, 2007, given the Appellate Division’s stay of COAH’s grant of substantive certification.
Question: Should municipalities continue to respond to COAH reports reviewing municipal affordable housing plans?
Answer: Municipalities that have received either checklist reviews of their affordable housing plans or formal COAH Reports Requesting Additional Information with a 90-day deadline are encouraged, although not required, to provide information relating to compliance mechanisms in their plans (i.e. Regional Contribution Agreements, municipal construction projects, accessory apartments programs, etc.). As always, we arealso available to provide guidance to municipalities that are considering participating in the COAH process. Your participation will promote the continued production of affordable housing and greatly expedite substantive certification upon adoption of revised third round rules.
Question: Will COAH continue to conduct mediation?
Answer: COAH staff will continue to conduct mediation on a voluntary basis and encourages all parties to continue mediation. There are issues that have been brought to COAH’s attention that are not affected by the Court decision and would benefit from continuing the mediation process. Should all parties agree to enter the mediation process, COAH will act as an impartial mediator to resolve objections and facilitate the production of affordable housing. Please contact Melissa Orsen at (609) 292-3000, with questions about mediation.
Question: Will COAH continue to review and approve Regional Contribution Agreements?
Answer:In its January 25th decision, the Appellate Division upheld Regional Contribution Agreements (RCAs). Municipalities are encouraged to move forward in identifying RCA receiving municipalities, negotiating draft contracts, and obtaining reviews from the Housing and Mortgage Finance Agency (HMFA) and the County Planning Board. COAH will continue to review and approve second round RCAs, RCAs for municipalities under the jurisdiction of the Court, and will conduct a staff review, subject to adoption of revised third round rules, of third round RCAs. However, COAH is unable to approve third round RCAs during this interim period due to the Court’s stay. RCA receivers are still required to submit annual monitoring on RCA units. Please contact Eileen Brennen at (609) 292-3000 for information on the RCA approval process or RCA monitoring.
Question: Will COAH continue to review and approve development fee ordinances and spending plans?
Answer: COAH will continue to approve the adoption of municipal development fee ordinances under the percentages permitted by the third round rules. COAH is developing procedures for specific expenditures from affordable housing trust funds in furtherance of affordable housing and will provide you with additional guidance in the near future. In addition, municipalities are required to continue to submit annual monitoring on affordable housing trust funds. Please contact Keith Henderson at (609) 292-3000 for information on development fee ordinances and spending plans and Larissa DeGraw at (609) 292-3000 for information on development fee monitoring.
Question: Can Department of Community Affairs Balanced Housing Program funds be expended during this interim period?
Answer: COAH is working cooperatively with the New Jersey Department of Community Affairs Balanced Housing Program to ensure that funding for qualified affordable housing projects can be awarded during this interim period. Please contact Paul Dice, Acting Director of the DCA Division of Housing at (609) 984-2137.
Question: Will COAH continue to monitor existing affordable housing units? Answer: On January 25, 2007, in a separate companion decision to the COAH third round rules, the Appellate Court upheld the Uniform Housing Affordability Controls (UHAC), which govern the affordable housing units created under COAH. COAH will continue to monitor the creation of affordable housing units under the COAH process. Municipalities participating in the COAH process will continue to be required to submit annual monitoring on units in their fair share plans. Municipalities are encouraged to move forward with the process of identifying a municipal housing liaison and contract with an administrative agent, as necessary, to administer existing affordable housing units. Please contact Barbara Walsh at (609) 292-3000 for information on the administration of affordable units.
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