APA-NJ Housing Committee Comments to the DCA
“In general, APA-NJ believes the regulations allowing for waivers of affordable housing set-asides and reduction in densities for inclusionary projects under conditions of alleged economic feasibility have tremendous potential for abuse. Further APA-NJ does not believe the regulations currently in place governing municipal housing liaisons, administrative agents, and Regional Contribution Agreement (RCA) administrators should be changed. One of reasons New Jersey has had a successful affordable housing program is because of the administrative requirements to implement and maintain affordable housing programs. Dilution of these administrative requirements will weaken implementation of affordable housing programs in New Jersey.”
PRN 2011-243 Summary
Pursuant to the Governor’s Reorganization Plan for the Council on Affordable Housing, Reorganization Plan No. 001-2011 (Reorganization Plan), the New Jersey Council on Affordable Housing (COAH) ceased to exist after August 29, 2011. The Reorganization Plan’s consolidation of the statutory functions, powers, and duties of COAH with those of the Department streamlines the activities of the Department and reduces bureaucracy and repetition of functions. Committed to affordable housing for low- and moderate-income residents of New Jersey, the Department will continue to implement the Fair Housing Act (FHA) and the powers and duties previously assigned to COAH through the Office of the Commissioner, Local Planning Services. The Office of the Commissioner will provide assistance to municipalities and developers of affordable housing and will implement and administer the FHA. As required by the FHA at N.J.S.A. 52:27D-307.5, the Commissioner has the authority to adopt all rules necessary for effectively carrying out the provisions and purposes of the act and the Reorganization Plan. Procedural rules, which became effective on June 2, 2008 as N.J.A.C. 5:96, and were subsequently amended on October 20, 2008, currently govern the process to be followed by municipalities and developers involved with implementation and administration of the FHA. As a result of the Reorganization Plan, the process and procedures previously employed by COAH are being updated to reflect the transfer of authority to the Commissioner and to increase regulatory flexibility and efficiency through streamlined protocols.