Legislative Reactions To Mount Laurel IV

On March 10, 2015, the Supreme Court of New Jersey issued the decision formally known as In re Adoption of N.J.A.C. 5:96 & 5:97 ex rel. New Jersey Council on Affordable Housing, 221 N.J. 1 (2015), now commonly referred to as Mount Laurel IV. This decision brought about drastic changes in the procedural process for municipalities to achieve compliance with their affordable housing obligations. In short, the court determined that, after many opportunities, the Council on Affordable Housing (COAH) had failed to meet its legislative obligation to promulgate rules establishing municipal affordable housing obligations and compliance mechanisms for meeting those obligations. The court proceeded to transfer municipalities that had availed themselves of COAH's jurisdiction to the trial courts for a determination on their respective obligations as well as approval of a Housing Element and Fair Share Plan setting forth the municipality's strategy for meeting that obligation.