Governor Christie Issues EO Suspending COAH Rules, Creates Affordable Housing Task Force
Posted by Phil Morin on February 9, 2010
On February 9, Governor Chris Christie issued the 12th Executive Order of his new administration, this one taking aim at the heart of the affordable housing rules in the state.
Executive Order 12 suspends COAH from taking action on applications for substantive certification or otherwise implementing the “Third Round” regulations for 90 days unless an applicant demonstrates to the Acting Commissioner, upon “good cause shown,” that inaction would result in the loss of “affordable housing opportunities. ”
The EO also establishes the “Housing Opportunity Task Force,” a five-member task force to evaluate and provide advice on determining affordable housing methodologies, development of workforce housing, strategies to spur rehabilitation and growth in urban centers and various other matters. The task force will serve without compensation and will be comprised of experts in affordable housing, economic development, land use planning, environmental protection and related fields.
EO 12 states that the “burdensome procedures . . . developed by COAH are “excessively complex and unworkable.” The Governor’s pronouncement further states that “new thinking on statewide planning is necessary due to the failure of COAH to ensure that all constitutional obligations with respect to the provisions of affordable housing are satisfied in a manner that is both fair and reasonable to the already burdened municipalities of our state.”
Shortly after Governor Christie’s announcement of the EO, the Fair Share Housing Center denounced the EO as “illegal” and threatened immediate action in court for expedited review of the constitutionality of the EO.