Fair Housing Act Flashcards
When was the NJ Fair Housing Act passed?
1985
The NJ Fair Housing Act was passed in response to what?
Mount Laurel II
What did the NJ Fair Housing Act do?
Created COAH and procedures for compliance
How does a municipality comply with FHA?
- Adopt a Housing Plan Element and Fair Share Plan (HPEFSP)
- Petition for substantive certification (declaratory judement granting repose from Superior Court)
- Go through mediation process with FSHC
- Court grants certification with presumption of validity
- Muni implements plan while protected from litigation
What does COAH do?
- Determines housing regions and present/prospective need
- Adopts criteria and guidelines
- Allows a vacant land adjustment
- Provides pop./household projections
- Establishes limits on housing obligation
- Provides credits for housing activities
Who oversees COAH?
DCA
What are the elements of a HPEFSP?
- Inventory of municipal housing stock and affordable units in need of rehab
- Projection of housing stock for next 10 years
- Demographics, employment, determination of municipal fair share
- consideration of lands most appropriate for affordable housing
Who prepares, adopts, and endorses a HPEFSP?
Planning board adopts. Governing body endorses because funding and land use changes may be required.
What is substantive certification?
Within 2 years of HPEFSP adoption, a municipality MAY get a declaratory judgement granting repose in the Superior Court (immunity) for up to 10 years
What is the COAH mediation process?
Period where objections to a HPEFSP can be filed and amendments can be made.
What is a vacant land adjustment?
COAH allows municipality to inventory its vacant land capacity and adjust its realistic development potential (RDP)
