[ back ]
New COAH rules will add hundreds more homes
(by Tom Boud - August 19, 2008)
New fair share housing requirements will have more than a fair amount of effect on the Passaic Valley area.
On July 2, new Council On Affordable Housing (COAH) rules were signed into law in Trenton. The regulations deal with municipal fair share housing quotas, pertaining to the Mount Laurel obligation. Mount Laurel is a series of state Supreme Court decisions mandating towns to provide low-income housing through zoning.
The new rules require 115,000 low-income units statewide to be created by 2018. This does not include market value homes for developer profit. Locally, the breakdown per town is: Little Falls, 129; Totowa, 274; and West Paterson, 316, according to Chris Donnelly, Department of Community Affairs spokesperson.
Nonetheless, the figures do not tell the whole story. COAH regulations permit inclusionary development — joint low income/market value housing — to guarantee sufficient developer earnings. Locally, the permitted inclusionary development density is eight units per acre, with a maximum 25 percent low-income allocation, Donnelly said.
Moreover, regional contribution agreements (RCA) are not longer permitted. In the past, RCAs allowed a town to satisfy part of its fair share responsibility by building in another city.
As such, the July 2 law’s true impact on local development goes beyond the aforementioned Mount Laurel numbers.
Donnelly said towns have options to consider in hashing out their low-income housing blueprints.
Municipalities may choose a number of other mechanisms for meeting the affordable housing obligation, such as 100 percent affordable housing developments and accessory apartments,” he said, referring to apartments in single-family dwellings.
According to Donnelly, municipalities must file revised Mount Laurel plans by Dec. 31 and municipalities can seek affordable housing number adjustments, based on lack of available land.
“COAH’s rules use a growth share method. This means that municipalities are only responsible for building affordable housing in relation to the actual growth that takes place in the community with regard to market rate housing and employment.”
The new law has drawn criticism from local officials. Totowa Mayor John Coiro said he thinks Trenton has gone too far.
“I think the new law is overreaching. I think it’s going to cause more overcrowding, more traffic, and more development in our towns. I don’t think it improves anyone’s quality of life. It’s another mandate passed on to the municipalities.”
The mayor said also commented on, what he believes, is the law’s ultimate effect.
“If you ask me, they’re helping the developers under the guise of helping low-income households.”
Coiro said he is hardly the only leader voicing disapproval. He noted the state League of Municipalities has mounted a lawsuit against the law.
West Paterson Mayor Pat Lepore said COAH should reassess it priorities. He said the housing council should first target towns which never have complied with any earlier Mount Laurel laws. He noted that West Paterson already has a COAH approved fair share housing roadmap.
“Now they’re going after the same towns that complied to begin with. It’s a waste of resources,” he said.
Lepore added that West Paterson has little land left for any more homes. He said the housing council should take that into account, before ratcheting up fair share housing.
“When the state finds property to do that, I’ll be happy to comply.”
Little Falls Councilman William Liess acknowledged COAH’s package does bring substandard dwelling upgrades and increased senior housing. Nevertheless, Liess did say the law has drawbacks, such as no more RCA deals. The councilman said he thinks the housing directive should be state funded.
“It’s typical of what Trenton does. They mandate, but they don’t pay for it.”
Meanwhile, one state politician is spearheading a fight against the law. Assemblyman Scott Rumana (R-40th) said COAH’s housing explosion will hurt the environment. He said the 115,000 called for units will increase traffic, carbon emissions, flooding hazard as well as population inside an overly densely inhabited state.
“It is literally the worst thing to happen to New Jersey without question.”
He added the 115,000 unit figure could reach 700,000, when factoring in bonus density, a term that pertains to market value units a developer can construct for revenue, in conjunction with low income lodgings.
Rumana said he intends to contest COAH’s unit numbers either before the housing council, or in court. The assemblyman said he wants people to be aware of the housing law’s full consequences.
“I want to put together an army of citizens to help out in this war,” he said, about fighting Trenton on the matter, “because it is a war.”
Rumana said anyone wishing to help his crusade can call his office at 973-237-1362.
[ back ]
