Doria defends COAH on constitutional grounds

By Max Pizarro | April 15th, 2009 - 11:45pm
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Doria defends COAH on constitutional grounds Senate Budget Chair Barbara Buono (D-Metuchen)

TRENTON – The glare of the Council on Affordable Housing (COAH) as a gubernatorial election year issue today forced state Department of Community Affairs Commissioner Joe Doria to challenge Republicans asking for his help in scrapping it outright.

“You can’t kill COAH,” snapped Doria at the Senate Budget Committee hearing, wading into terrain treaded frequently by GOP Primary campaign trail candidates, the most recognizable of whom argue for the demolition of the community affairs division responsible for ensuring fair and affordable housing in New Jersey.

Bad idea, said Doria.

“You need to simplify it in a way that will meet court muster,” he argued. “If we don’t do that, we’re back at the beginning again. If we kill COAH, a builder’s remedy takes effect, and the courts come in with any development they want. They can come in and ask for a change in zoning.  COAH was created to protect the towns from builder’s remedy.”

“If we don’t kill COAH, COAH’s going to kill us,” protested state Sen. Joe Pennacchio (R-Montville).

“A number of towns without COAH protection are still liable to court cases going back to 1984, and these same towns you’re trying to protect could end up spending more money on lawyers to fight builder’s remedy cases,” Doria told Pennacchio.

“New Jersey has a unique constitutional requirement for affordable housing created by Mount Laurel I and Mount Laurel II, which resulted in 1985 in the request by the League of Municipalities to create the Fair Housing Act – under Gov. Tom Kean,” Doria added.

A Republican, he noted.

Signaling what will be the likely Democratic stand on a prime springtime debate issue on the floor of both houses heading into the gubernatorial election, Senate Budget Committee Chair Barbara Buono (D-Metuchen) said, "I agree with the commissioner. We need COAH. But it's very complicated in its current form. We need to simplify it."

It needs to go on the ballot

The Mount Laurel decision can be overturned with a Constitutional Amendment which would be put on the ballot for voter approval. Steve Lonegan is the only candidate for Governor who supports this.

There are at least two, Rick...

It's right on my platform - #10:

http://www.bergmansonforgovernor.com/Platform.pdf

The Department of Community

The Department of Community Affairs is a disaster. Here are some examples:

-Right now the Div. of Community Affairs are giving grants, some with no income verification, in Ocean City. Some of the homes that qualify are worth more than $1 Million in a depressed marked.

-The Local Finance Board is in charge of finding eithical violations. in 10 years they have found 2. Policiticians who go to jail are almost found guilty of ethical violations.

-The Division of Community Affairs, Government Records Council's budget is nearing $1 Million. I have been trying for almost a year to get them to update their form to indicate e-mail delivery and they can't do it. They lose complaints, search for excuses not to handle complaints, and generate more legal fees in refusing to release their own documents. My own local Municipality just ignores them and I need to go to court for anything I need.

Lonegan wants to elimnate the whole Department.

Time to Move Affordable Housing Forward

I don't exactly consider Doria to be a paragon of virtue here, but he and Buono are exactly right: Killing COAH is completely unproductive and would only result in other forms of development and burdens upon municipalities. Buono, who perhaps should be Lieutenant Governor, is right that COAH needs to be simplified, though.

The larger picture in this debate is that here, in the most congested state in the country, we have virtually no affordable housing, much less than what the market and New Jersey wages can sustain. Affordable housing is therefore a moral issue, one that absolutely should be addressed; and private industry on its own will not build affordable housing (thus the need for a statewide mandate).

Municipalities, many of which are rich, elitist ones (see Medford, for example) that have used RCAs in the past to avoid affordable housing mandates, need to stop complaining and fulfill their required affordable housing mandates. Republicans can be constructive in these dialogues and find ways to help municipalities do so -- but so far, the name of the game for the minority party has been empty posturing, refusal of even acknowledging a massive statewide problem, and lame soundbites, just as with Pennacchio's above.

COAH is a waste

Simplifying COAH is not the answer. Adding housing stock to a down real estate market further adds to a supply problem we can't seem to work our way out of. We need to abandon COAH and if that means a court fight or amendment then so be it!

Bruce Meringolo. Candidate for the NJ 21LD.

Martin

Its not as if Bouno's soundbite above was packed full of insight and solutions either.  I don't necessarily disagree that on some level this is a moral issue but you can't play the morality card solely with those "rich, elitist" municipalities when plenty of blue collar municipalities that ignore the "responsibility" as well. 

I love Bruce

Bruce...why arent you out knocking on doors in your district. Everyone on this cite has their mind made up alredy, having a presence here is useless and it makes you look a bit B list.

MartinOne...

...you must be kidding? You want affordable housing and an affordable place to live? Then we need to cut taxes and government, not institute socialist policies that force taxpayers to subsidize other people's homes.

Yes, we could use more Affordable Housing,

Yes, we could use more Affordable Housing, but COAH (and Mt. Laurel) was not the way to achieve it, as has been amply demonstrated.

First of all, if we stop funding basic schooling through Property Taxes and enact the other Property Tax Reforms I propose, then housing would instantly become more affordable.

COAH is a sop to builders, and it was doomed to failure. If, after Property Tax Reform, we still have a need to add affordable housing units, it should be in municipalities:

1. That want the additional housing.
2. That can support the additional housing.
3. That have or can create jobs for the additional residents.
4. Where public transportation is available.
5. That are already developed.

Put it on the ballot!

"Affordable housing" is a bunch of bs social engineering. Let the marketplace decide.

The constitution and affordable housing ?

where in the constitution does it say anything about COAH ? Mt Laurel 1 and 2 are blatently UNCONSTITUTIONAL Is this BANANNASTAN.? We have already Affordable housing. Just look at the market meet liberal court MUSTER ? why ?

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