Posts Tagged ‘COAH’

RIP New Jersey COAH

Tuesday, February 2nd, 2010

A New Jersey State Senate bill recently introduced would abolish the Council on Affordable Housing (COAH), taking implementation of low and moderate income housing standards from the state and putting it in the hands of municipalities.  It’s about time.

COAH came into existence in the late 1970’s as a result of the New Jersey Supreme Court’s Mt. Laurel Decision, which basically said that municipalities cannot zone against low and moderate-income housing and must supply affordable housing.  COAH set quotas for each of the state’s 567 (now 566) municipalities.

The quota system was unfair to many municipalities, setting unrealistically high numbers for some towns.  Here in Cape May County, Middle Township is still required to offer 932 more affordable units by 2018 and Upper Township still owes over 500.  It’s unrealistic and puts a heavy burden on taxpayers, who must fund new schools and services to meet the demand of so many new residences.

Senate Bill S1, sponsored by Raymond Lesniak and Christopher Bateman, and its companion State Assembly bill A2057, would abolish COAH.  It would also do away with State-imposed calculations of affordable housing needs.  Instead, it would permit municipalities to determine their own needs.  The State Planning Commission would assist towns in facilitating opportunities for affordable housing.

The bill would require municipalities to re-examine their master plan and adopt an ordinance that provides an opportunity for an appropriate variety and choice of housing.  They must show that they have complied with their obligations under the Fair Housing Act.  Any municipality not enacting ordinances by December 31, 2011, would be required to have any developers set aside 20% of their project for low or moderate or work force housing.

What does all this mean?  COAH and its assigned numbers of affordable housing units will be put to rest.  But municipalities aren’t off the hook.  They must still offer affordable housing, but on their own terms, not Trenton’s.

-Mountain Man and City Girl    http://www.MountainManandCityGirl.com

The blogsite of Jewell Real Estate Agency, Wildwood Crest, NJ    http://www.JewellRealEstateAgency.com

A Common Sense Solution

Monday, January 4th, 2010

The little borough of West Cape May, like other towns in New Jersey, has to provide affordable housing thanks to the Mt. Laurel decision back in the late 1970’s.  But unlike most municipalities, West Cape May has come up with a novel plan that is offering incentives and fewer building restrictions.

The Council on Affordable Housing (COAH) was created out of that controversial court ruling that mandated a required number of low and moderate income units for each of New Jersey’s 566 municipalities.  West Cape May needs to provide just two units by 2018, but they’re offering breaks for those creating the first 10.

Called “accessory apartments”, they can be in garages, above stores, in existing homes, or even new construction, as long as they’re in an area of the town where public sewer and water already exist.  No planning board approval would be necessary, just the usual construction permits.  The landlord would have to sign an agreement stipulating that the unit be rented below the market rate for 15 years.  But the town’s $25,000 to $75,000 incentive would help make up the difference.  After 15 years, the landlord is free to charge the usual market rate.

The borough will create a pool of tenants after determining their eligilibility based on income.  Landlords can ban smoking or pets or such, and do criminal backgrounds and credit checks, plus charge a security deposit.  The rent can’t be raised as unless a tenant leaves and a new one moves in.

In an expensive shore resort area like the Cape Mays, rentals are beyond the financial scope of many young families.  City officials hope that this will allow more to stay in the area and not move on to less pricey locales.

While West Cape May is just two units short of its COAH goal, two other Cape May County municipalities have a rougher road ahead.  Middle Township is mandated to provide 934 units and Upper Township 566 by 2018.  That would overcrowd the schools and burden the two towns’ services, not to mention the added real estate property taxes that residents would be forced to shoulder.  The towns have minimal areas of infrastructure and over 50% of each municipality is either federal, state or preserved land and not buildable.  Providing this absurd number of units definitely would promote sprawl and change the character of the towns.

Perhaps Governor-elect Christopher Christie, who has spoken out against COAH, will do something to abolish this forced build-up of semi-rural communities.

- Mountain Man and City Girl

http://www.MountainManandCityGirl.com