Contrary to what many politicians and municipal officials say, the Council on Affordable Housing (COAH) is not responsible for the quagmire known commonly as New Jersey’s affordable housing policy.
The real problem is the state’s “growth share,” a system of calculating and administering the affordable housing policy. It was introduced in 2004 to provide municipalities with great discretion in meeting (and, in many cases, avoiding) any obligation to creating affordable housing opportunities.
Growth share has been a politically contrived, town-friendly system widely supported by local elected officials. But growth share is unconstitutional; the New Jersey Appellate Division said so. Twice.
In light of the court decisions – which call for meaningful measures to provide affordable housing in New Jersey – some state lawmakers are now scrambling to craft legislation to eliminate COAH and “fix” whatever ills the state’s affordable housing policy.
Such an effort is a smokescreen. All the proper “fixing” was done this fall, when the Appellate Division threw out the growth share concept and directed COAH to revise its regulations to mesh with methodologies in place from 1987-1999 – when there was workable affordable housing programs in the state, rather than litigation.
This court decision allows New Jersey to return to an affordable housing policy that has proven effective. But now, for some maddening reason, the New Jersey State Legislature is interceding to fix something finally not broken.
And now – to the dismay of many – New Jersey is back to square one on the issue of affordable housing.
