In March 2014, the NJ Supreme Court directed the NJ Council on Affordable Housing (COAH) to adopt rules and regulations for municipalities to address their obligations for the period 1999-2024. Rules and regulations were proposed and on October 20, 2014 COAH met to consider these for adoption. The deadline for adoption as required by the Court was October 22, 2014, but COAH was deadlocked 3-3 on the adoption of the rules and regulations and with a tie vote, the adoption failed. Without the rules and regulations being adopted, the matter of figuring out municipal affordable housing obligations could return to court. New Jersey Future, a non-profit organization which focuses on housing policy for New Jersey, is convening an Affordable Housing Roundtable on November 13, 2014 to discuss the direction or lack of direction that the state is providing for affordable housing. Edwin W. Schmierer, Esq., a firm Director, has been invited to participate in the roundtable. Mr. Schmierer and the firm represent approximately thirty-five municipalities (governing bodies, land use boards, special counsel for affordable housing) throughout the state and have been providing advice and direction in the area of affordable housing even befor the adoption of the NJ Fair Housing Act of 1985. It is hoped that from the roundtable discussions public policy relating to the delivery of affordable housing can be formulated and shared with the NJ State Legislature in an attempt to clarify and move forward on the municipal constitutional obligation to provide for the development of affordable housing.

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