Editorial by Senator Sean T. Kean of New Jersey’s 11th Legislative District
The Asbury Park Press raised a number of valid points in its March 7th editorial about the Council on Affordable Housing (COAH) plan (Reform COAH, don’t blow it up). I wholeheartedly agree that our state needs a plan to address the lack of affordable housing and that this important issue should not fall victim to political demagoguery.
However, it appears that the only way New Jersey can develop a sensible affordable housing policy is to return the decision making authority with respect to affordable housing back to the Legislature. Presently, the Legislature has limited recourse when the Supreme Court hands down unreasonable decisions which have paved the way for our current crisis. Former Democratic Governor Brendan Byrne questioned the rationale of requiring affordable housing to be built in areas where there is no access to transportation, remarking that “the court ought to realize that.”
There are a number of instances in which the Legislature has exerted its constitutional prerogative and acted to return decision making authority to the Legislature. For instance, in 2003, the Court upheld the ability of state agencies to borrow large sums of money without voter approval despite the fact that the state Constitution requires all bonding go before the voters. In response to this decision and voter anger over the state’s indebtedness, the Legislature placed a question before the voters last year that clarified what the Constitution already stated, namely that it requires public approval for state borrowing.
Procedurally, the Legislature could address the COAH issue by proposing an amendment to the State Constitution. Under this relatively simple process, legislation would need to pass both the Senate and Assembly by a 3/5 vote thereby authorizing a public vote on the COAH issue as soon as this November. The Governor has no role in the process of amending the State Constitution and his signature is not required prior to placement of a question on the November ballot. Amending the State Constitution would also eliminate the need to continue the costly legal battle presently ongoing in state court where over 250 municipalities have joined together to challenge the COAH rules. This lawsuit is funded by municipal tax dollars and it pits attorneys for local towns against the Corzine Administration’s lawyers in the Attorney’s General office.
To his credit, then Governor Jim McGreevey proposed a sensible affordable housing plan that tied housing to new construction, rather than the current unrealistic mandate which relies on wildly inaccurate estimates of future growth and flawed open space data. Under McGreevey’s plan, additional affordable housing would have been pursuant to a growth share model. For instance, if a developer wanted to build 100 dwellings, a certain percentage of units would be required to be set aside as affordable housing.
Clearly, there is precedent for the Legislature to override the Supreme Court when, like in this instance, they have usurped the authority of the Legislative Branch. Given the flawed and irresponsible plan that COAH has devised, now is the time to embark on such an effort.
Link to Post:
Similar Posts:
- Addiego & Rudder: Appeals Court Ruling Is Confusing, Excessive
August 25, 2009 - Tom Kean Calls for Special Session to Review COAH Regulations and Court Decision Permitting Unfettered Development
August 25, 2009 - Haines Calls for First Meeting of Joint Committee on Housing Affordability
September 14, 2009 - Bateman: Release the State Planning Commission Housing Study Immediately
March 26, 2009 - Sen. Sean Kean Slams COAH Court Ruling
August 31, 2009
