Public Township Council Meeting — Packet

94-12 May 29, 2012 RESOLUTION CALLING FOR AN EXTENSION FOR AFFORDABLE HOUSING TRUST FUNDS TO BE COMMITTED WHEREAS, P.L. 2008, c. 46 established a four year timetable for municipal housing trust dollars to be “committed for expenditure, or risk forfeiture to the State;” and WHEREAS, the 2008 Act did not define the term “committed for expenditure” and deferred to the Council on Affordable Housing (COAH) to promulgate regulations as to the requirements to be met for “committed” as well as a timetable for expenditures; and WHEREAS, neither COAH nor the Department of Community Affairs has adopted, nor proposed, the regulations pursuant PL 2008, c. 46; and WHEREAS, hundreds of municipalities submitted spending plans to COAH, of which only a fraction of these plans were reviewed by the agency, and most of these municipalities have not been provided any guidance on their spending plans; and WHEREAS, at the time of 2008 Act, COAH was prepared to adopt its “3rd round regulations” establishing municipal obligations under the “Fair Housing Act”; and WHEREAS, COAH’s 3rd round regulations were highly controversial and fundamentally flawed, and subsequently set aside by the Appellate Division, and the appeal of that decision now awaits consideration by the State Supreme Court; and WHEREAS, eight years of litigation over COAH’s methodology has had a chilling effect not only on the development of affordable housing, but on the ability of local governments to commit trust fund dollars without knowledge of their respective obligations, and certainty that such commitment would count towards its housing obligation; and WHEREAS, in 2008 the State Legislature passed the Permit Extension Act providing developers additional time because of the economic recess, an extension that was further granted in 2010 and which a third extension is now under consideration by the Legislature; and WHEREAS, many of the projects in which the permits have been extended include an affordable housing component, and no such extension to municipalities; and WHEREAS, forfeiture of trust fund dollars starting in July 2012 would be fundamentally unfair, inequitable and indefensible

le housing component, and no such extension to municipalities; and WHEREAS, forfeiture of trust fund dollars starting in July 2012 would be fundamentally unfair, inequitable and indefensible since neither COAH nor DCA has provided the required guidance or certainty; and WHEREAS, these trust fund dollars should be used as intended: to subsidize the costs for municipalities in meeting their affordable housing obligations while assuring that these costs do not fall to local taxpayers; and WHEREAS, forfeiture of these dollars, estimated by some to be as much as $200 million, would displace this financial obligation to the taxpayers in these communities; and NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of Township of West Orange urges the Christie Administration and the State Legislature to extend the July 2012 to “commit” municipal affordable housing trust fund dollars and for the State to provide the needed regulatory guidance contemplated in PL 2008 c. 46; and BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Senator Richard J. Codey, Assemblyman John F. McKeon and Assemblywoman Mila Jasey, the New Jersey State League of Municipalities and the Office of the Governor. Patricia Spango Karen J. Carnevale Council President Municipal Clerk Adopted: May 29, 2012