DCA Commissioner Pens Article on “Life After COAH”

The New Jersey State League of Municipalities recently published the following article by New Jersey Department of Consumer Affairs Commissioner Lori Grifa at the League website that explains how DCA will administer affordable housing in light of Governor Chris Christie’s issuance of a Reorganization Plan which abolishes the Council on Affordable Housing.  

 The article is posted here in its entirety.

NEW JERSEY AFTER COAH

By Lori Grifa, Commissioner, N.J. Department of Community Affairs

On June 29, 2011, Governor Christie issued Reorganization Plan No. 001-2011 which, among other things, abolished the Council on Affordable Housing (COAH).  The Reorganization Plan also was designed to reduce the “unnecessary complexity of affordable housing administration in New Jersey, lower the administrative cost associated with the current regulatory process and streamline the development of new housing projects.”  Recognizing that the N.J. Department of Community Affairs (DCA) was already responsible for providing assistance to municipalities, and operating numerous affordable housing programs, the Plan also acknowledged that the performance of these obligations can be significantly improved and streamlined by consolidating the statutory functions, powers and duties previously conferred upon COAH with those of DCA. 

The Plan became effective on August 29, 2011, in accordance with the provisions of the Executive Reorganization Act of 1969, P.L. 1969, c. 203 (C. 52:14C-1 et seq.).  As a result, the Governor’s Reorganization Plan transferred all functions, powers and duties assigned to COAH in the Fair Housing Act to the Office of the Commissioner of the DCA. 

Upon the effective date, the DCA immediately began to reduce the unnecessary bureaucracy that was COAH’s hallmark by implementing interim procedures designed to create predictability and consistency for municipalities, developers and housing advocates.  These interim procedures, as set forth below, will curb inefficiencies which resulted in unreasonable delays and costs to municipalities and the private sector while promoting the availability of affordable housing throughout the State.  In keeping with the Reorganization Plan, DCA will provide local planning and housing support services to assist municipalities with local planning issues and in the administration and implementation of the Fair Housing Act.  As the DCA continues to take action to increase flexibility and efficiency to foster compliance with the Fair Housing Act, it will move towards greater transparency by posting notices of these actions on the DCA webpage at http://www.nj.gov/dca/services/lps.

So far, the DCA has implemented interim streamlined protocols regarding the following: review of requests for agency action, waivers and motion requests (including public noticing procedures); review and approval of municipal spending plans; review and approval of municipal development fee ordinances; approval of administrative agents and municipal housing liaisons; and approval of affordable housing operating manuals.

Waiver Requests

Municipalities may submit any requests for waivers of regulations in order to expedite the production of housing affordable to low- and moderate-income households.  The new waiver process will permit waiver requests as well as requests for determinations on issues other than a waiver of regulations (motions) to be made electronically, by letter.  Noticing requirements are streamlined via postings on DCA and municipal websites.  Comments on the request will be accepted for two weeks (ten business days) of the posting.  The request and any comments received will then be reviewed and the parties notified of any relief granted.

Review and Approval of Development Fee Ordinances and Amendments

To expedite the review and approval of development fee ordinances and amendments, municipal resolutions requesting review and approval of development fee ordinances or amendments will no longer be required.  To streamline the process, a model development fee ordinance is available on the DCA website.  Ordinances submitted to DCA will be reviewed and the municipality will be notified whether the development fee ordinance or amendment has been approved.

Administrative Agents and Municipal Housing Liaisons

Municipalities will now be permitted to designate or appoint Administrative Agents (AA), Municipal Housing Liaisons (MHL) and RCA Administrators without State approval.  Municipalities need only notify DCA of any new appointments or designations.  DCA will continue to provide ongoing support, education and training to designated appointees. 

Affordable Housing Operating Manuals

Municipalities will no longer be required to receive approval of affordable housing operating manuals.  Revisable model operating manuals are available for download on the DCA webpage at http://www.nj.gov/dca/services/lps and need only be submitted to DCA.  The Department will assist in the creation of operating manuals if requested. 

Spending Plans and Amendments

A municipal resolution requesting review and approval of Spending Plans or Spending Plan amendments will no longer be required.  Municipalities may now simply submit a letter (in hard copy or in an electronic format) making such a request.  The submitted plan will be reviewed expeditiously and the municipality will be notified whether the spending plan or amendment has been approved.  A spending plan model is posted on the agency website to assist municipalities in drafting their spending plans.

Going Forward

The DCA will also offer planning services in order to foster cost-effective strategies and solutions for the land use and administrative goals of local governments.  As part of a comprehensive strategy, this planning assistance will include incorporating the goals of the Fair Housing Act into the pursuit of economic development and strategic planning initiatives while focusing on flexibility and efficiency. 

The local planning services to be offered by DCA will include both general planning and housing support.  The general planning services are available to communities to develop cost-effective strategies and solutions for the successful achievement of local land use and strategic planning goals.  The Department will make multi-disciplinary, professional staff available at no cost to local government entities. Housing support services to be offered will assist municipalities with implementing the Municipal Land Use Law, Fair Housing Act and applicable laws.

This new beginning will present new challenges and opportunities.  As State and local governments move forward, municipalities that previously submitted Housing Elements and housing plans for substantive certification should continue to comply with the requirements of the Fair Housing Act and applicable laws in order to continue to be protected from builder’s remedy litigation.

For a link to the article at the League website, click here.

Governor Christie Releases New Energy Master Plan for New Jersey

Today, Governor Chris Christie unveiled the long-awaited draft Energy Master Plan for New Jersey (all 141 pages of it).  According to the Governor’s statement:

Governor Chris Christie today released the State’s draft 2011 Energy Master Plan (EMP), a greener and more affordable vision for the use, management, and development of energy in New Jersey over the next decade and beyond. The draft EMP establishes a path for the Administration to manage energy in a way that promotes renewable sources of energy, saves money, stimulates the economy and job creation, and protects the environment. 

“This plan represents my Administration’s commitment to changing the way we produce, distribute and use energy as part of a broader emphasis on renewable sources of energy and economic growth,” said Governor Chris Christie. “The EMP supports the development of new energy-related technologies such as fuel cells, off shore wind, and alternatively fueled vehicles while encouraging the developers, providers and support businesses related to these technologies, to locate here in New Jersey.”

Governor Christie continued, “Furthermore, considering our state has some of the highest energy rates in the nation, reducing these rates and making them comparable to costs in other regions and states are important steps in facilitating economic growth and lowering the cost of living for New Jerseyans.”

“This plan supports enhanced reliability, lower energy costs and environmental protection in New Jersey,” said Lee A. Solomon, President of the New Jersey Board of Public Utilities. “It balances the needs of ratepayers with the State’s policy goals of promoting the state’s economic well being while safeguarding its air, water and land.”

The plan encompasses five overarching goals which work to drive down the cost of energy for all customers while promoting clean, environmentally safe renewable sources of energy:

Promoting a Diverse Portfolio of New, Clean, In-State Generation

• Expanding electricity generation resources to improve reliability and to lower costs, consistent with protecting the environment and growing the economy.  Renewable energy resources, distributed generation, and clean conventional generation projects can help New Jersey flourish while protecting the environment.
• Constructing new generation and improving Pennsylvania-New Jersey-Maryland Interconnection, LLC. (PJM) rules and processes;
• Assessing the implications of lost nuclear capacity;
• Expanding Distributed Generation (DG) and Combined Heat and Power (CHP);
• Supporting behind-the-meter renewables;
• Promoting effective use of biomass and waste-to-energy; and
• Promoting the safe expansion of the interstate natural gas pipeline system. 

Creating a Realistic Path to Achieving a Renewable Energy Portfolio Standard of 22.5% by 2021

• New Jersey is committed to meeting the targets for renewable energy production which is an important part of the state’s long-term strategy. 
• Building upon the Christie Administration’s commitment to solar energy for both economic and environmental benefits;
• Expanding implementation of commercial and industrial solar projects;
• Promoting the development of large solar generation projects on brownfield sites and landfills to offset the costs to cap or remediate these sites;
• Promoting development of solar to assist local governments reduce energy costs; and
• Maintaining support for offshore wind by codifying the statutory requirements of the Offshore Wind Economic Development Act (OWEDA). This provides a framework for setting offshore wind renewable energy certificate (OREC) prices and for approving applications to facilitate the financing of offshore wind projects; and
• Saying no to new coal-fired generation in New Jersey.

Rewarding Energy Efficiency, Energy Conservation and Cost Effective Renewable Resources

• New Jersey’s electric ratepayers pay the fourth-highest retail rates in the United States. Focusing on energy efficiency and conservation will help lower costs while promoting environmentally sound energy use at the same time. New Jersey’s array of energy efficiency and conservation programs and CHP programs are a cost-effective way to reduce energy costs and carbon emissions.
• Reducing peak demand and lowering capacity costs;
• Promoting energy efficiency and demand reduction in State buildings;
• Incorporating aggressive energy efficiency in building codes;
• Redesigning the delivery of State energy efficiency programs;
• Monitoring PJM’s Demand Response Initiatives;
• Improving natural gas energy efficiency; and
• Expanding energy conservation education and outreach to assist consumers in reducing usage.

Capitalizing on Emerging Technologies for Transportation and Power Production

• Support the Development of Innovative Energy Technologies. New Jersey has many options to develop new, clean, cost-effective sources of electricity, utilize fuels more efficiently, and decrease reliance on gasoline and diesel fuel as the primary transportation fuels. Not only will new energy technologies reduce emissions of air pollutants and greenhouse gases, but active support of innovative energy technologies will help create jobs and business development across the state. 
  • Improving transportation efficiency;
  • Reducing carbon emissions and pollutants;
  • Using fuel cell technology;
  • Using energy storage technologies;
  • Assessing smart grid demonstrations; and
  • Considering Dynamic Pricing and Smart Metering.

Encouraging Economic Development and Job Growth

• This plan aims to develop and manage energy in a manner that saves money, stimulates the economy and creates high-quality renewable energy industry jobs. 
  • Supporting the development of new energy-related technologies such as fuel cells, offshore wind, and alternatively fueled vehicles;
  • Reducing the cost of energy for all ratepayers (individuals and businesses);
  • Encouraging energy efficiency at all levels (from homeowner to businesses and state government) thus reducing overall energy demand and helping to reduce costs; and
  • Facilitating the development of new and innovative businesses that will provide and support the next generation of energy technologies and related businesses through the New Jersey Business Incubator Network.

The BPU will continue to serve as the lead implementing agency for the Energy Master Plan and will hold three public hearings on the draft EMP. In doing so, the BPU will coordinate with appropriate state agencies, energy providers and other stakeholders; track and report on progress through annual reporting to the Governor and posts to the BPU and EMP websites; and work with the legislature to develop or modify existing and future programs that support these energy goals.

In April 2010, Governor Christie directed the New Jersey Board of Public Utilities to revisit the EMP in light of economic conditions. The process included internal BPU Task Force Meetings, Stakeholder meetings around the state on various issues related to the plan, and extensive consultations with Rutgers University’s Edward J. Bloustein School of Planning and Public Policy, Center for Energy, Economic, and Environmental Policy.

A full copy of the State’s 2011 Draft Energy Master Plan can be found here: http://nj.gov/emp/

Board of Public Utilities Cancels Public Meetings on Revised Energy Master Plan

The New Jersey Board of Public Utilities (“BPU”) issued a statement today cancelling three previously scheduled public hearings regarding revisions to New Jersey’s 2008 Energy Master Plan (“EMP”).  Previously, the BPU postponed the public hearings and issued alternate dates.  In the latest statement, no new dates have been proposed.  The revised EMP has been anticipated for several months and with the cancellation of the public hearings, it is unclear when the public will get its first look at the Christie Administration’s priorities under the latest version of the EMP. 

According to the BPU’s press release:

The previously scheduled dates for public hearings were: May 20, 2011 (Newark), May 25, 2011 (Pomona), and June 1, 2011 (Trenton) with each meeting to begin at 1:00 p.m.

To accomplish its goal of ensuring that New Jersey continues to have reliable energy at reasonable rates, the Board will soon release draft revisions to the 2008 Energy Master Plan (“EMP”) via the BPU website and EMP listserv. The Board is committed to providing information to the public and to making sure that the public has the opportunity to provide input during this process. Throughout the process of evaluating the 2008 EMP and the data assumptions upon which it was based, the Board conducted a series of Stakeholder forums to gain valuable input from all stakeholders. During the process of finalizing the EMP revisions, the Board will hold public hearings concerning the 2011 New Jersey Energy Master Plan. Rescheduled dates will be posted on the BPU website and sent to the EMP listserv.

Any questions or requests to participate in the upcoming Energy Master Plan Public hearing process should be directed to EMPadmin@njcleanenergy.com.

NJDEP Announces “Common Sense” Waiver Rules

On Wednesday, March 9, 2011, the New Jersey Department of Environmental Protection (“DEP”) announced a rule proposal “to enable it to remove unreasonable impediments to economic growth while ensuring net environmental benefit for the state.”  The rule would permit the DEP to “waive strict compliance with regulations in certain limited circumstances that do not compromise protections for the environment or public health.”  The rule proposal is intended to respond to Governor Chris Christie’s Executive Order No. 2 that seeks to establish “Common Sense Principles” to govern New Jersey.

According to the DEP’s news release:

The DEP would consider a waiver application only if one or more of the following conditions exists:

• Conflicting rules – The requirement sought to be waived conflicts with another Department or other State or Federal agency rule
• Unduly burdensome – Strict application of a rule creates an exceptional and undue hardship (similar to criteria for local zoning variances), or where another method of compliance would have the same or better results but at a significantly lower cost
• Net environmental benefit – The environment would be enhanced by a project enabled by the waiver; mitigation would be allowed to be considered
• Public emergency – DEP must waive a rule to respond to an emergency

“This proposal would not allow waivers to be routinely or commonly granted,” said Commissioner Martin. “The application of any waiver must be site- and fact-specific. It cannot compromise protections for the environment or public health. In fact, most waivers will result in greater net environmental benefit for New Jersey.”

Under the rule, the DEP would consider whether a proposed waiver is consistent with the Department’s core mission; whether the waiver is consistent with the intent of any underlying statute; whether the site is a redevelopment or brownfield; and/or whether a net environmental benefit would be achieved by granting the waiver.

A waiver would not be granted in any case inconsistent with any State or Federal laws, regional air agreements, emissions trading programs, or health and safety standards. Permit fees also cannot be waived. The review process would be transparent: all applications to and approvals by DEP would be publicly noticed.

When promulgating its rules, the Department cannot anticipate every circumstance or personal hardship that may exist. The standards of each chapter are designed to capture nearly all situations that could come before the DEP. Strict compliance with a regulatory provision can, in some limited circumstances, lead to unreasonable, unfair and unintended results, which can adversely affect not only prospective applicants, but also the public and the environment.

A public hearing is scheduled for April 14, 2011 at 3 p.m. at the DEP’s public hearing room at 401 East State Street in Trenton.  Comments may be submitted up to and including May 6, 2011.

For a link to the proposed rule, click here.

For a link to the Star Ledger article regarding the proposed rule, click here.

New NJDEP Assistant Commissioner for Site Remediation Named

On Wednesday, August 25, David E. Sweeney was named assistant commissioner for site remediation by New Jersey Department Environmental Protection Commissioner Bob Martin. The position has remained vacant since current Deputy Commissioner Irene Kropp was elevated from that position by Martin.  According to njspotlight.com:

As an assistant commissioner for site remediation, Sweeney will be responsible not only for the new privately licensed professional cleanup program but also contaminated areas ranging from large Superfund sites to releases of heating oil and gasoline from underground storage tanks.

The state approved the privately licensed cleanup program despite opposition from many environmental groups because of the slow progress in addressing the numerous problems posed by tens of thousands of contaminated waste sites in New Jersey. Environmentalists worry the licensed professionals will be more responsive to the firms that hire them than concerned with protecting the public interest.

“There are more than 20,000 known contaminated sites in New Jersey,. Cleaning them is a priority of the administration, and we need the right people with the skills to do that,” said Martin, who announced the appointment.

According to a press release from the NJDEP, Assistant Commissioner Sweeney has been with the NJDEP since 1988.  Most recently, he has led multiple stakeholder workgroups focusing on implementation of the Site Remediation Reform Act and the new LSRP program.  These workgroups are responsible for the overhaul of technical regulations required to implement the LSRP program and for development of a series of complementary technical guidance documents.

He also has been NJDEP’s Chief of the Bureau of Emergency Response, which responds to discharges of hazardous materials; headed the group that provides technical support in geology and hydrogeology for cases in the Site Remediation Program; and was a Section Chief and Case Manager overseeing site remediation, including complex cleanups in New Jersey under the Spill Act, CERCLA, RCRA and ISRA.

Prior to the NJDEP, Assistant Commissioner Sweeney managed the environmental programs and laboratory at the Camden County Health Department.  He earned a BS in Natural Sciences from Thomas Edison College.  He has been active in the Fire Service for twenty years and served as an Emergency Medical Technician for thirteen years.

For a copy of the NJDEP press release, click here.

For a link to the Site Remediation home page, click here.

Governor Christie Signs “Time of Application” Legislation

On Wednesday, May 5, Governor Chris Christie signed S-82 into law.  The new law amends the Municipal Land Use Law to abolish, except in limited circumstances, the “Time of Decision” rule adopted by the courts which had previously allowed municipalities to change zoning ordinances, including eliminating permitted uses, at any time prior to a final decision of a land use board.  The new law creates a “Time of Application” standard, under which an applicant may proceed before a land use board based upon the zoning ordinances in effect at the time of filing an application without fear that a subsequent ordinance adoption will scuttle their application.  Many municipal officials opposed the signing of this bill; however, it enjoyed widespread bipartisan support in both houses of the Legislature and the Governor had previously committed to signing some form of change to the “Time of Decision” rule during his campaign.

According to a statement from the Governor’s Office:

Governor Chris Christie today signed legislation to simplify and make more predictable regulations governing land-use development applications at the municipal level, encouraging development and lowering costs for New Jersey businesses and job creators.

S-82, commonly referred to as “time of application” or “time of decision” legislation, provides that a land-use development application will be governed by the municipal development regulations in effect at the time of the application.  Exceptions are provided for those rules related to health and public safety. 

The legislation does not guarantee approval of a land-use application, but instead allows for the application process to move forward without the unnecessary hurdle of constantly changing requirements while the application is pending.

“New Jersey’s businesses and entrepreneurs – the job creators of our state – invest considerable amounts of financial and human resources in navigating a vast landscape of rules and regulations at the state and local level,” said Governor Christie.  “Prior to the signing of this legislation, the system allowed for those rules to be changed in the middle of the process, even after an application has been submitted.  This legislation makes common sense changes to improve the application process and move New Jersey in the right direction of providing a friendlier environment for job creation, while keeping safeguards for public health and safety in place.”

Currently, regulations do not “lock-in” until preliminary approval is granted for an application, allowing municipalities to change the requirement of an application after its initial submission, resulting in a business that is investing in New Jersey having to start the costly, time-intensive application process over, or abandoning the project altogether.

Governor’s Red Tape Review Commission Report Released

The Governor’s Office released the report of the Red Tape Review Group today.  The following is the text of the press release announcing the public dissemination of the report: 

The Red Tape Review Group, chaired by Lt. Governor Kim Guadagno, today presented its final report to Governor Chris Christie and released it to the public. 

Created by Executive Order 3, the Red Tape Review Group, a bipartisan body with representatives from both the Legislative and Executive Branches of State government, was empowered to “review all pending and proposed rules and regulations” frozen under Executive Order 1, as well as all operative Executive Orders from previous administrations. 

“I want to thank Lt. Governor Guadagno and the members of the Red Tape Review Group for undertaking this important work to begin unraveling the layers of burdensome rules and regulations that make it difficult and expensive for New Jersey’s businesses to succeed,” said Governor Christie. “The work of this bipartisan group, done with transparency and considerable dialogue with the public, has resulted in a wide-ranging list of recommendations for my consideration.  I look forward to continuing to work with the Lt. Governor, the members of the Group and the Legislature to act on these recommendations and achieve additional reforms to improve New Jersey’s climate for economic growth and job creation.” 

In submitting the final report, Lt. Governor Guadagno said, “This process clearly demonstrated that there is bipartisan agreement on the poor condition of New Jersey’s regulatory climate and the need for action to cut through the red tape while maintaining a strong commitment to public health and safety.  What we do here in Trenton affects job creators and families throughout the State and we have a clear opportunity to act to change that reality in a positive way.  I want to thank the other members of the Red Tape Review Group and their staffs for their work as well as the various stakeholders who added there perspective.” 

In addition to Lt. Gov. Guadagno, the Red Tape Review Group included Senator Steve Oroho, Assemblyman John Burzichelli, Assemblyman Scott Rumana, Senator Barbara Buono, Acting Commissioner of the Department of Community Affairs Lori Grifa, Commissioner of the Department of Environmental Protection Bob Martin, and Chief Counsel to the Governor Jeff Chiesa. 

Assemblyman John J. Burzichelli said, “New Jerseyans have been waiting for too long for us to find ways to reduce the mountains of regulation affecting their daily lives, while still honoring our responsibility to protect the environment and citizens.  From the hours of public hearings and working alongside the Lt. Governor, it was clear that she and this committee were serious about making this process fair and bipartisan.  The Assembly has already taken steps to ease burdensome regulations, and now this report gives us a blueprint for how to get more reform done in Trenton.”  Said Assemblyman Scott Rumana: “This process gave us a glimpse into the more than 25,000 pages of New Jersey regulations that currently exist.  Regulators forget that the volumes of rules have had a tremendous effect on everyone in New Jersey, from the young entrepreneur who wants to open a business, to the new family trying to build a home.  We’ve got to get a handle on this process and the Red Tape Review Group’s work has given us a good start. 

“At a time like this in our economy, we cannot afford to block economic development through onerous and often ridiculous regulation, said Senator Steve Oroho. “We can and must find ways to restore common sense to the regulatory process and make State government more accountable and responsive to the people we serve.”

In its first 90 days, The Red Tape Review Group conducted a transparent and bipartisan review to provide tangible and realistic recommendations that will lead to economic growth and job creation.  The Group has recommended the withdrawal or modification of 16 of the 128 rules (12.5 percent) that were frozen by Executive Order 1.  If 12.5 percent of the remaining 26,000 pages of rules were to be withdrawn or modified, continuing the Red Tape Review process could result in the elimination of over 3,000 pages of rules.  This is the equivalent of approximately 111 chapters from the administrative code.   

While the first 90 days required agencies and departments to review frozen proposed rules and regulations, Executive Order No. 2 also called for the review of existing regulations for compliance with the common sense principles and were given 180 days to complete the task. 

Long-Term Legislative, Regulatory and Policy Recommendations. 

The Red Tape Review Group also provided long-term legislative, regulatory and policy recommendations to ensure New Jersey government continues to streamline and more effectively coordinate services that impact economic growth and job creation.

Improving and Expediting the Rulemaking Process.  The testimony received by the Red Tape Review Group made clear that it is overly difficult for a State agency to alter a rule proposal based upon reasonable and justifiable public comment.  The “Administrative Procedure Act” should be revised to permit State agencies to adopt substantive changes to proposed rules based on public comment without needing to undergo the entire rule-making process anew, provided that an additional public comment period is provided prior to the altered rule taking effect.

Giving Entities the Ability to Combat Unfunded Mandates.  Provide for new and expanded powers to combat unfunded mandates, including permitting the Council on Local Mandates to proactively seek out mandates, enlarging the number of groups who can bring complaints to the Council, and enlisting the assistance of the State’s law schools to undertake a review of all mandates presently contained in the statutory law and administrative code.

Following “Common Sense Principles.”    State agencies should adopt the “Common Sense Principles” for rule-making.

Creating Consistent and Timely Review of Regulation and Rule Effectiveness.  Establish a Red Tape Review Group to succeed the 90-day Red Tape Review Group.

For a copy of the report, click HERE.

Governor Christie Issues EO Suspending COAH Rules, Creates Affordable Housing Task Force

On February 9, Governor Chris Christie issued the 12th Executive Order of his new administration, this one taking aim at the heart of the affordable housing rules in the state.

Executive Order 12 suspends COAH from taking action on applications for substantive certification or otherwise implementing the “Third Round” regulations for 90 days unless an applicant demonstrates to the Acting Commissioner, upon “good cause shown,” that inaction would result in the loss of “affordable housing opportunities. ” 

The EO also establishes the “Housing Opportunity Task Force,” a five-member task force to evaluate and provide advice on determining affordable housing methodologies, development of workforce housing, strategies to spur rehabilitation and growth in urban centers and various other matters.  The task force will serve without compensation and will be comprised of experts in affordable housing, economic development, land use planning, environmental protection and related fields.

EO 12 states that the “burdensome procedures . . . developed by COAH are “excessively complex and unworkable.”  The Governor’s pronouncement further states that “new thinking on statewide planning is necessary due to the failure of COAH to ensure that all constitutional obligations with respect to the provisions of affordable housing are satisfied in a manner that is both fair and reasonable to the already burdened municipalities of our state.”

Shortly after Governor Christie’s announcement of the EO, the Fair Share Housing Center denounced the EO as “illegal” and threatened immediate action in court for expedited review of the constitutionality of the EO.