NJ COAH Eliminated, Functions and Staff Transferred to Department of Community Affairs
The New Jersey Council on Affordable Housing (COAH) was eliminated effective August 29, 2011, consistent with Governor Christie's June 29, 2011 issuance of Reorganization Plan No. 001-2011, which also transferred all functions, powers, duties and personnel of COAH to the Commissioner of the Department of Community Affairs (DCA). According to the Governor’s office, the goal of the reorganization plan “is to address the needs of both the providers and beneficiaries of affordable housing in New Jersey by organizing all programs within a single regulatory body.” The constitutional obligation for municipalities to provide a reasonable opportunity for their “fair share” of affordable housing (the “Mount Laurel” doctrine) has not gone away, and neither the Fair Housing Act nor the regulations that implement the Act (i.e., the former COAH rules) have been altered as a result of reorganization, other than to transfer COAH’s former duties to DCA. DCA has instituted interim procedures for affordable housing, which have streamlined some administrative procedures, and will be proposing permanent procedures “as soon as practicable.” It is not known when the state Supreme Court will issue a decision on the appeal of a lower court ruling challenging COAH’s rules. Therefore, New Jersey’s affordable housing regulatory landscape is still far from settled.