Stark & Stark Shareholder to Present COAH Update in Conjunction with New Jersey Institute for Continuing Legal Education
Gary S. Forshner, Shareholder in Stark & Stark’s Real Estate, Zoning & Land Use Group, will present a webinar in conjunction with the New Jersey Institute for Continuing Legal Education entitled, COAH UPDATE: In the Matter of the Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing - Webinar. The webinar will take place Tuesday, November 09, 2010 from 9:30 AM to 11:30 AM EST.
The webinar will discuss COAH’s Third Round rules under the Fair Housing Act which were initially proposed as a new methodology to calculate municipal affordable housing obligations. In In the Matter of the Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing, the court held that the revised Third Round rules are invalid, because they allowed municipalities to skirt their obligations for satisfying the prospective need for affordable housing by adopting land use regulations that discourage growth. Since the Third Round rules have been found deficient as the method for determining municipal housing obligations, COAH has been sent back to the drawing board yet again. The court directed COAH to prepare a new set of rules within five months, using the previously approved methodologies of Rounds One and Two to calculate affordable housing obligations. The Court also invalidated parts of the revised Third Round rules that did not provide sufficient incentives for developers to construct inclusionary developments.
The webinar will offer:
- A general overview of the decision, outlining the major issues of the case and holdings of the Court
- A planner’s perspective in projections of the housing obligations both from the 2000-2010 period and 2010-2018, and the likely impacts associated with the return to the Round 2 methodology
- The municipal planning perspective as to the preparation of housing elements and fair share plans, and the issues of 100% affordable housing sites and requirements for feasibility, as well as planning for the future obligations
- The New Jersey Home Builders’ response to the Third Round decision and those issues in the decision regarding compensation for set asides and cost generative obligations in light of the decision
- The perspective of the low- and moderate-income households, the implications of this decision on creation of affordable housing opportunities
- Defending litigation from a municipal perspective as well as the impact of this decision on existing lawsuits
- The implications of the Third Round decision on builders’ remedy litigation and claims against municipalities
- Non-residential development fees, costs and exactions, as well as the particular issues in the pending legislation regarding development fees
- The status of pending legislation, including S1 and A3447, with a summary of the bills and their status, and the status of the legislation and what the “crystal ball” says about the future of the Fair Housing Act
For additional information, including registration information, please visit the NJICLE's website.
