Addiego, Rudder: Appeals Court ruling on COAH is confusing, excessive

In light of an Appeals Court decision that is forcing Eastampton to build even more affordable housing units than required by COAH, Assemblywoman Dawn Marie Addiego and Assemblyman Scott Rudder are drafting legislation to protect New Jersey municipalities and property taxpayers from overzealous courts.

      “The Council on Affordable Housing mandate is the largest unfunded mandate in the history of New Jersey. This perplexing court decision further compounds the devastating unfunded mandate,” said Assemblyman Rudder.

      The appeals court panel ruled that Eastampton can not reject a low-income development even though the township is already fulfilling its COAH obligations with 100 affordable units already planned for construction.

      “This is another example of the courts overstepping their bounds and attempting to legislate. The court has failed to recognize that New Jersey is taxing people out of their homes, and defeating the very purpose of affordable housing,” said Assemblywoman Addiego.

      New Jersey courts have contended that affordable housing is “inherently beneficial,” and that played a part in yesterday’s decision.

      Addiego and Rudder’s bill prohibits use of the “inherently beneficial use” argument as a factor in a variance request for COAH certified towns. The legislators will introduce the bill when the legislature reconvenes in the fall.

      The 8^th District legislators have been outspoken critics -of the Third Round of COAH, which mandates an estimated 115,000 be built in the next decade, at a cost to taxpayers of more than $18 billion.

      “In its present incarnation, COAH is burdensome,” said Assemblywoman Addiego. “But in this case, Eastampton is doing everything they are being asked to do, meeting their obligation, but the court says even that isn’t satisfactory.”

      The Eastampton issue stemmed from a request by Homes of Hope, a non-profit entity, to construct eight low-income units in a pair of multi-family homes in a neighborhood zoned for single-family homes.

      “The town leadership has already planned for and approved all of the affordable housing required by an ambitious state formula. The court says enough is not enough. It is never enough,” said Assemblyman Rudder. “Towns and taxpayers should not be penalized when they are already meeting their obligations.”

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