Council On Affordable Housing (Coah)

Front 1

Legal foundation of COAH

Back 1

First landmark decision on affordable housing: Southern Burlington County NAACP v. Township of Mount Laurel (1975), (Mount Laurel I) where the court ruled that municipalities have a constitutional obligation to provide for the construction of low- and moderate-income housing. The argument upon which the new standard was based is essentially “if I can work there, I am entitled to live there.”
In 1983, the Southern Burlington County NAACP again sued Mount Laurel in a case that was combined with several similar actions and became known as Mount Laurel II.

Front 2

State legislature adopted the Fair Housing Act (NJSA 52:27D-301 et seq.) as a companion to the State Planning Act, and created the Council on Affordable Housing (COAH) in?

Back 2

1985

Front 3

Established the constitutionality of the Fair Housing Act?

Back 3

Hills Development Corp. v. Bernards Township in Somerset County (1986), (Mount Laurel III)

Front 4

Toll Brothers Inc. v. Township of West Windsor

Back 4

In 2002, the New Jersey State Supreme Court upheld the practice of “builder’s remedy” lawsuits, a tool used by developers to force the development of affordable housing

Front 5

How many members are on the COAH Board?

Back 5

- Eleven
- COAH originally was a nine-member board, but membership was increased to 11 by an amendment to the Fair Housing Act passed in 1995.

Front 6

Functions of COAH?

Back 6

1) Define housing regions in the state (6 regions);
2) Estimate low- and moderate-income housing needs in each region;
3) Set criteria and guidelines for municipalities to determine their own fair share numbers and determine how they will meet that need;
4) Review and approve municipal comprehensive master plan housing elements, fair share plans and regional contribution agreements;
5) Where asked, impose resource restraints (e.g., building-permit allocations, and sewer and water permit allocations, etc.) to create opportunities for the development of affordable housing (added in 1986 as a result of Mount Laurel III);
6) Act as an administrative resource for state and federal funding available for creating or improving low- and moderate-income housing;
7) Determine criteria for mandatory development-fee ordinances for municipalities and approve the ordinances (added by New Jersey Supreme Court decision in 1990); and
8) Monitor progress on the creation of affordable housing.

Front 7

Fair share (now called “calculated need”)

Back 7

a basic methodology for determining the ratio of substandard units occupied by low- and moderate-income households to the total households in the municipality

Hint 7

Local factors such as the amount of developable land, the amount of “ratables” present in the community, median income, and the municipality’s State Development and Redevelopment Plan planning area designation increase or decrease the calculated need.

Front 8

Once a calculated need has been established (including rehabilitation and new construction components), the municipality?

Back 8

Prepares a comprehensive master plan housing element and a fair share plan in a form that can be easily converted to an ordinance once approved by COAH.

Front 9

Municipal participation in COAH is?

Back 9

voluntary and begins with the adoption of a resolution of participation.

Front 10

After the Resolution of Participation is adopted?

Back 10

the Housing Element and Fair share Plan are adopted and filed with COAH.

Hint 10

At any time within two years of filing a housing element, the municipality may petition for substantive certification of its housing element and fair share plan, That filing gives COAH jurisdiction to review the numbers and grant or deny substantive certification.

Front 11

COAH third round rules use?

Back 11

A growth share approach which bases municipal affordable housing obligations on market-rate residential and non-residential growth.

Front 12

Regional Contribution Agreements (RCAs)?

Back 12

Are prohibited.