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Column: Affordable Housing in Limbo

COAH, towns doing little until New Jersey Supreme Court rules on challenge to latest housing obligations.

 
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Christie on COAH
At a recent town hall meeting in Hopatcong, Gov. Chris Christie told the audience he was dismayed Democrats haven't agreed to a bill he negotiated that would do away with affordable housing requirements, but have instead tried to pass an alternate bill.
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At a recent town hall meeting in Hopatcong, Gov. Chris Christie told the audience he was dismayed Democrats haven't agreed to a bill he negotiated that would do away with affordable housing requirements, but have instead tried to pass an alternate bill.

The New Jersey Council on Affordable Housing held its first meeting in three months on March 22. It didn’t do much. Realistically, there’s not much it can do.

Affordable housing construction in New Jersey is at a virtual standstill due to legal challenges to COAH’s process of setting third-round housing obligations—its most recent requirements for the numbers of units municipalities must provide for low- and middle-income families.

Few municipal officials are complaining. COAH is one of the most hated state agencies. Towns do not like being told they have to provide for any affordable housing units within their borders. Most residents would rather their towns build nothing, or higher-end housing.

Controversy has surrounded COAH since its creation in 1985 in response to the New Jersey Supreme Court’s Mount Laurel rulings. In those decisions, the court stated that towns have a constitutional obligation to provide their “fair share” of affordable housing.

But COAH’s third-round numbers, released back in October 2008, brought additional problems because the council changed the way it calculated obligations from a formulaic system to one based on a municipality’s future growth.

The result was a mixed bag. Towns’ growth share obligations ranged from 36 for Chatham to 306 for Madison to 1,744 for Parsippany.

The New Jersey Highlands Council got involved and cut a deal that allows municipalities that conform to the Highlands regional master plan to meet different—typically lower—affordable housing obligations that reflect the Highlands’ goal to preserve sensitive land in the region. In Parsippany’s case, the obligation dropped to just 274 units. Washington Township’s fell to 92, from 201. Montville’s dropped from 316 to 64.

Overall the municipal lobbying representative, the New Jersey State League of Municipalities, supported growth share as fairer. Of course, housing advocates hated it, and took it to court.

And won.

So far.

The New Jersey Appellate Court has issued a number of rulings in which it tossed out the growth share numbers. Last fall, it ordered COAH to go back to the old way of setting housing quotas.

But numerous groups have appealed that to the state Supreme Court, which has been mum so far, although housing advocates keep expecting a ruling any day now.

It’s important for the court to have its say, and quickly, to restart the process of building housing for those who need it most, particularly during a still-tough economy.

COAH, which defends the growth share rules as proper, particularly given the relative dearth of land for new housing in most communities, sees no reason to rewrite its rules when the Supreme Court could turn around and negate the lower court’s decision.

There’s also the question of how—or, maybe if—the Legislature may change the process.

A COAH reform bill had made it to the desk of Gov. Chris Christie, who conditionally vetoed it last January. Believing lawmakers would not agree to Christie’s terms, Sen. Raymond Lesniak, D-Union, withdrew his bill and vowed last month to introduce a new effort that he hopes will satisfy competing goals in Trenton.

That’s going to be very hard to do, since Assembly Democrats had a very different view of how to fix the state’s affordable housing system than did the governor and Lesniak and so far no one seems willing to compromise.

So Lesniak is still working on a new bill.

COAH’s meetings will continue to involve little more than minor issues and votes to delay approving municipal affordable housing plans pending a final court decision.

Municipalities will do as little building as possible.

Meanwhile, the number of people in need continues to grow: New Jersey Legal Services reported on the same day that COAH met that in 2009, nearly 10 percent of the state’s population was living in poverty—defined as $21,000 for a family of four—and almost 2 million were living at 200 percent of the poverty limit, an income at which it would still be tough to make ends meet in high-cost New Jersey.

While COAH flounders, all those in need will have to keep waiting for a decent place to live.

Colleen O'Dea is a writer, editor, researcher, data analyst, web page designer and mapper with almost three decades in the news business. Her column appears Mondays.

Should your town build more affordable housing? Tell us in the comments.

James

3:57 pm on Monday, March 28, 2011

While COAH founders, the state can start being more affordable to everyone!

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Christy Ward

7:52 am on Tuesday, March 29, 2011

As someone who spent seven years working with and for families and individuals living in poverty and more years volunteering for the same, I think it is a shame that COAH is even needed. There is so much NIMBY (Not In My Back Yard) and so much gentrification going on that increasing numbers are put out on the street. And don't make the mistake that these are lazy people looking for handouts. Yes, there are some of those but the far greater number are hardworking (or would be if they could actually find a job) and many are forced to commute long distances because there is nothing affordable anywhere near their place of employment. Additionally New Jersey Legal Services reports on the number of people living below the poverty line of $21,000 for four people...who can actually live on that. The "real" poverty line is about twice that and that amount isn't even realistic for a family of four. I wish there was no need for COAH but until we all start to be more inclusive in our communities, there will be!

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Angela Rivera

11:54 pm on Wednesday, April 13, 2011

Bad things happen to good people. Everyone should be able to choose where they would like to live and raise their families. But the sad truth is most cannot. Every town should have at least 10% afforadable housing. He ain't heavy father he's my brother.

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MadInNJ

12:34 am on Thursday, April 14, 2011

In a town like Madison, which is fully built out, how would you propose getting to 10% - Having the government take over enough houses to get to that number and then offer them at a reduced rate to those at some multiple of the poverty level or below?? Where would all the money for this program come from?? And where would all those dispossessed families go? Talk about Socialism run amok.

CoolBreeze

7:16 am on Thursday, April 14, 2011

People need help, and we have the resources to help them. The miracle of the Loaves and Fishes was not that the food appeared out of nowhere - it was that people actually shared what they had with their neighbors.

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MadInNJ

4:05 pm on Thursday, April 14, 2011

I already "donate" 40 - 50% of my gross earnings to various goverment entities. Hpw much more would you like them to take to fulfill your fantasy?

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CoolBreeze

4:22 pm on Thursday, April 14, 2011

Only as much as you want to give. For this to work it has to be voluntary. Giving more to the government would only make the problem worse.

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Karin Szotak

10:04 pm on Thursday, April 14, 2011

Nicely said Cool Breeze. You sound like "a breath of fresh air". Pardon the pun, before someone calls me out on it. Also love the Bible reference as we approach Holy Week. People will give what is in their hearts, and we must understand that not everyone can give. Some cannot afford to give, others choose not to. I've always believed that when you give of yourself, you receive much more in return.

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