On December 17, 2007, the New Jersey Council on Affordable Housing (COAH) voted to propose its revised third round regulations resulting from the Appellate Division Decision on January 25, 2007. The rules are scheduled to be published in the January 22, 2008 New Jersey Register. COAH will be holding five public hearings throughout the State (see right). Also, written comments can be submitted to COAHmail@dca.state.nj.us until March 22, 2008.
Consistent with the requirements of the Appellate Division decision, the rules update the affordable housing requirement for municipalities based on the latest available data. Below is a summary of the major changes:

• Continuation of the growth share approach, with affordable housing need measured as a percentage of residential and non-residential growth from 2004 to 2018.
• New ratios are 1 affordable unit among 5 units and 1 affordable unit for every 16 jobs (previously ratios were 1 among 9 units and 1 for every 25 jobs)
• New affordable housing need for the state is 115,000 affordable units (an increase from 52,000 units in previous adoption). Establishes payment in lieu standards (cost of constructing an affordable unit) averaging $161,000 per affordable unit
• Regional Contribution Agreement amounts increased from $35,000 per unit to $67,000 to $80,000 per unit (by COAH region)
• Development fees for new construction increased from 1% of equalized assessed value (EAV) for residential to 1 ½% of EAV and from 2% of EAV to 3% of EAV for non-residential
• Municipalities may continue to require payments in lieu of non-residential developers pending adoption of legislation establishing a statewide development fee bank
• Provides a compensatory benefit to developers for providing affordable housing of one additional market unit for every affordable unit constructed
• Expanded compliance options for municipalities, including bonus credits for supportive and special needs housing, new credit for affordable housing in redevelopment areas, and optional plan phasing based on economic feasibility.
• Returns to the previous age-restricted cap of 25% of total obligation
• Proposed staggering schedule would require towns currently under COAH’s jurisdiction to submit revised third round plans between four and seven months after the effective date of the regulations, based on county.

Public Hearings

All hearings are from
4 pm – 8 pm.

Thursday, January 24, 2008
Rutgers University
326 Penn Street -
Student Center
Multi-purpose Room,
First Floor
Camden, NJ 08102

Monday, January 28, 2008
Lincoln Park Administration Building
Hank Gallo Community Room
Jersey City, NJ 07304

Wednesday, January 30, 2008
Wayne Public Library
461 Valley Road
Wayne, NJ 07470 

Tuesday, February 5, 2008
Hunterdon County
Route 12 Complex
Building # 1
Flemington, NJ 08822

Wednesday, February 6, 2008
Monmouth County Library
125 Symmes Drive
Manalapan, NJ 07726