On October 20, 2014, the Council on Affordable Housing (“COAH”) convened ostensibly to adopt its third set of Third Round Regulations in order to meet the October 22, 2014 deadline imposed by the New Jersey Supreme Court on March 14, 2014. After a 14-year delay in adopting valid Third Round Regulations, COAH once again missed a deadline and failed to adopt the proposed regulations. 

Initially, the COAH Board considered a motion to table adoption of the proposed regulations for 60 days. While the three Board members in favor acknowledged that such an action would violate the Supreme Court’s Order, they felt additional time was needed in order to address the roughly 3,000 public comments received on the proposed regulations. Three Board members opposed the motion, three Board members supported the motion and the deadlocked motion therefore failed. 

Thereafter, COAH considered adopting the proposed regulations. The three Board members who supported the unsuccessful motion to table voted against the regulations as proposed, once again resulting in a deadlocked 3-3 vote. 

Thus, COAH is in violation of the New Jersey Supreme Court’s March 14, 2014 Order requiring COAH to adopt regulations by today's deadline. After 14 years, we continue to be without a set of valid regulations to guide us in advancing the constitutional obligation to provide for affordable housing within this State.