Over the last several weeks, the Senate Republican office has issued a number of press releases that point out some of the anomalies (some might say absurdities) in the Council for Affordable Housing’s (“COAH”) recently-adopted third round regulations and the amendments to the Fair Housing Act involving a new statewide development fee for most non-residential construction of 2.5 percent.

The attached story from the Star Ledger contains a particulary anomalous/absurd application of the new rules. Here, a Franklin Township family whose house burned down triggers the “demolition” requirements of the new COAH rules. As a result, the Township is charging them a development fee. While a COAH spokesman notes that the municipality can waive the fee, the fact is that the municipality still accrues an obligation for affordable housing under the new rules.

Under the new regulations, demolitions are considered a “source of secondary housing demand, as they eliminate housing opportunities for low- and moderate-income households,” according to [State Senator Steven] Oroho. The rules removed a prior exemption for the demolition and replacement of a home, in which a homeowner was not on the hook for a COAH fee.

“The court mandated that we change our methodology and we increase the obligation (of towns to provide affordable housing), and as part of that, all growth is included,” [DCA spokesman Chris] Donnelly said of an appellate ruling.

But Oroho and Franklin Mayor Paul Crowley counter that replacing a home that was lost in a fire is not “growth,” but simply keeping the status quo.

“This is not a redevelopment or a demolition. The Ferraro family is simply trying to rebuild their lives after a fire destroyed their home and killed their dog. The house burned to the ground. This was an act of God,” Oroho said.

For the full story, click here.

For a link to Senator Oroho’s press release and other Senate Republican press releases on the COAH rules and Fair Housing Act amendments, click here.