The New Jersey Supreme Court, after giving the administration countless opportunities to address the issue by other means (constitutional legislation or regulation), has now scheduled a motion by the Fair Share Housing Center to be heard by the Court on January 6, 2015. The motion seeks to enforce the previous order of the Supreme Court directing the Council on Affordable Housing (COAH) to adopt regulations consistent with the second round rules. The language in the Order essentially invites the legislature or COAH to act so in hopes that the Court can avoid a constitutional crisis. While understandable that the Supreme Court wishes to avoid harsh action against State leadership, based upon over 15 years of failure of the executive branch to adopt legal and constitutional regulations or adopt new legislation (previous legislation was conditionally vetoed by Governor Christie and then dropped by the legislature), it would appear that the Supreme Court is expecting a different result after 15 years of recalcitrance and the express failure of COAH to adopt regulations. While the Supreme Court has been reluctant to do so, absent a reversal by this administration, it would appear that the only appropriate remedy is for the Court to order placement of a special master to adopt regulations or to allow parties to file builder’s remedy lawsuits to address the failure to provide reasonable opportunities for affordable housing. Please click here for a copy of the Supreme Court Order.