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November 26, 2008

Re:  COAH Update, Affordable Housing

Dear Mayor,

I write to update you on some developments related to the COAH “3rd round regulations” and the League’s challenge of the regulations.

On Friday, November 14 the League wrote to Governor Corzine requesting that he issue an Executive Order to extend the current December 31 deadline by a period of six-months. 

On Monday, November 17, while we were in Atlantic City preparing for the annual conference, we learned of an analysis conducted by the nonpartisan Office of Legislative Services (OLS) of available funding to comply with the COAH regulations.     The conclusion of the analysis is that, assuming DCA’s contention that there will be over $800 million available annually for the construction of housing to be accurate, that it still leaves a “deficit in annual resources for fair share housing obligations" of up to $2 billion annually.  

As you know, the League has argued since the introduction of the COAH regulations, that the inflated growth projections and limited funding sources would compel municipalities to rely on the property tax.     This OLS analysis demonstrates our argument.    The analysis is available online at:

That same day we learned that State Senators Raymond Lesniak (D-20) and Christopher Bateman (R-16) wrote a joint letter to Governor Corzine also asking for a six-month extension to the December 31 deadline.   In that letter, the Senators indicate their intent to file a joint “amicus curiae” (“friend of the Court”) brief in support of the League’s challenge of the COAH regulations.      More on this development is available in the Star-Ledger story of November 18. 

We again wrote the Governor on November 24, reiterating our request for a six-month extension.

To date, approximately 250 municipalities have pledged towards the League challenge of the COAH regulations.    Our brief is due in the first week of January.

We will continue to advice of developments.  In the meanwhile, we recommend contacting Governor Corzine’s office at (609) 292-6000 directly and ask him to issue the Executive Order.

Questions on this letter can be directed to Mike Cerra at or 609-695-3481 x120.

Very Truly Yours,

William G. Dressel, Jr
Executive Director





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