Committee Formed in 2007 to Provide Oversight of Housing Affordability Has Never Met
Senator Phil Haines (R-8), an appointed member of the Joint Committee on Housing Affordability, cited ongoing turmoil with New Jersey’s affordable housing laws in his call for the first meeting of the committee. The committee, created by law on March 15, 2007, has yet to meet.
Haines noted that a number of issues, including a controversial vacant land use analysis and an appellate court ruling that appears to undermine the provisions of the state’s affordable housing laws, need to be addressed.
“The Joint Committee on Housing Affordability was created to oversee the actions taken by various state government entities and to recommend legislative action as it deems necessary,” said Haines. “The court ruling against Eastampton Township is a perfect example of a situation that this committee can provide recommendations to address.”
In a recent decision, the Appellate Division of the Superior Court of New Jersey ruled that Eastampton Township could not prevent a developer from building affordable housing in an area not zoned for that use, despite the township’s previous compliance with its obligation to build affordable housing as set forth by the Council on Affordable Housing (COAH).
In its decision, the court stated that affordable housing is an inherently beneficial use that cannot be blocked by the township. In a concurring opinion, Judge Amy Prio Chambers went so far as to say that state law could and should be changed to prevent towns from being forced to build affordable housing after they have met their obligations as defined by COAH.
“The recent ruling appears to conflict with decades of case law and legislative intent as expressed in the adoption of A-500 last year,” said Haines. “The Joint Committee on Housing Affordability should finally meet and make an effort to protect towns that have done everything in their power to comply with their affordable housing obligations.”
Only eight members have been appointed to fill ten spots on the committee. All ten seats must be filled before the committee can meet. “We have important work to do,” added Haines. “After more than two years of waiting, it’s time for the final appointments to be made.”
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August 25, 2009
