Today, in response to a challenge brought by the New Jersey Builders Association and others, the state’s Appellate court invalidated the “growth share” rules of the Council on Affordable Housing (COAH).  In doing so, the court restored the constitutional rights of modest-income households.

Declaring that COAH’s approach violates both the Mount Laurel doctrine and the Fair Housing Act, the court has given COAH six months to adopt rules that conform to the Council’s constitutional and statutory responsibilities.

In a letter the New Jersey Builders Association (NJBA) called on Governor Jon Corzine to direct his Chief Counsel, Kenneth Zimmerman, to convene the parties to the litigation to explore how the court’s mandate could be fulfilled.  (A copy of the letter can be found at http://njba.org/Gov%20Counsel%20re%203rdRnd%20Decision%2001.25.06.pdf)

NJBA advised the Governor that the court’s decision is a unique opportunity to advance the Corzine administration’s housing goals.  In addition, NJBA suggested that the direct involvement of the Governor’s counsel would lead to the timely implementation of the court’s mandate and also reduce the likelihood of further litigation.