New Jersey Zoning Watch

A law blog on New Jersey land use issues

Archive for January 14th, 2009

If the Non-Residential Fee is Suspended, Will Municipal Affordable Housing Obligations Continue to Accrue?

Posted by Phil Morin on January 14, 2009

One of the arguments against the imposition of the statewide 2.5% non-residential development fee is that it will not raise enough revenue to pay for the affordable housing generated by it under the new Third Round COAH regulations. Now it seems elected officials in Trenton are in accord to to delay or abolish the fee due to the negative impact this additional “tax” is having on commercial development and job creation. One issue the Governor did not address in his State of the State comments was whether municipalities would continue to accrue the obligation of providing affordable housing while the moratorium on the fee is in place.

The article linked below from the Asbury Park Press discusses the issue in more detail. Below is an excerpt from the article:

Gov. Jon S. Corzine Tuesday endorsed a proposal to delay a 2.5 percent developer’s fee intended to help pay for affordable housing.

Money from the fee, levied on the value of commercial projects, is meant to help cover the cost of constructing housing for people with low and moderate incomes.

. . . .

But by not collecting the fee from builders but still requiring the housing, taxpayers would end up getting stuck with the tab, said William Dressel Jr., executive director of the New Jersey State League of Municipalities.

“It just doesn’t make sense to eliminate the source of funding,” Dressel said. “We don’t want the taxpayer to be taxed to do this.”

Along with delaying the fee, state Sen. Sean Kean, R-Monmouth, said municipalities should also get a reprieve from the state’s affordable housing mandates.

“While a moratorium may temporarily stop the damage (Corzine) is doing to our business community, taking away the only source of funding set aside to help municipalities meet their COAH obligations will make matters worse,” Kean said.

For the full article, click here.

Posted in Affordable Housing, Legislation | Leave a Comment »

League Of Municipalities’ Brief In COAH Suit Available

Posted by Phil Morin on January 14, 2009

The New Jersey State League of Municipalities recently filed its brief and appendix in the Appellate Division challenging the Third Round COAH regulations and uploaded the documents to their webpage.

The 120-page brief makes three primary points: (1) it attacks the supporting documentation and analysis relied upon by COAH in creating the growth share methodology, arguing that the underlying assumptions are flawed and, thus violate the Fair Housing Act; (2) it challenges the application of the flawed growth share methodology to municipalities; and (3) it contends that the finanical burden imposed upon muncipalities as a result of the flawed methodology violates the Fair Housing Act.

For a link to the League’s COAH page and the court submissions, click here.

Posted in Affordable Housing | Leave a Comment »

 
Follow

Get every new post delivered to your Inbox.