James Magid, CMCA, LSM, PCAM – FirstService Residential., AAMC
Chair, CAI-NJ Legislative Action Committee
New Jersey’s Supreme Court ruled recently that Governor Chris Christie lacked the authority to abolish the Council on Affordable Housing (“COAH”) under the Reorganization Act. According to a post on the State Street Wire, at issue is compliance with the Supreme Court’s historic Mount Laurel decision regarding municipalities’ obligations to provide affordable housing. This issue has been of concern to the Governor even as far back as the 2009 gubernatorial race when he stated that if elected he would “bury” COAH. In keeping with that campaign promise, Governor Christie in June 2011 introduced a reorganization plan that would dismantle COAH. With the Legislature’s stamp of approval, the plan took effect in August 2011, but not without challenge from those who questioned the Governor’s authority to abolish COAH. Ultimately, the Court determined that “COAH’s structure provides further proof that the law passed by the Legislature and signed by the Governor meant for COAH to be independent … It places decision making authority in COAH. It does not give the Governor plenary power over COAH’s operation.” The Court also stated: “We offer no opinion as to whether COAH’s structure should be abolished, maintained as is, or modified. That is a policy decision left to the Governor and the Legislature and guided by the Constitution. This case instead is about the process that the two branches must follow.” CAI-NJ staff will resume their attendance at meetings of Council on Affordable Housing and provide reports on the Council’s activities at LAC meetings. I will certainly pass along any information germane to New Jersey’s common interest communities.
The Senate version of manager licensing bill, S-2578, was reported out of the Senate Commerce Committee on June 13, 2013 by a vote of 6-0, only to be second referenced to the Senate Budget and Appropriations Committee (SBA). Despite our efforts to have the legislation posted for a vote by the Senate prior to June 30, 2013, the bill remains pending before the SBA. CAI-NJ’s lobbyists have been in contact with the sponsor of the legislation, Senator Jeff Van Drew (Democrat-District 1), who serves on the SBA and remains committed to moving the bill out of that committee as quickly as possible, perhaps sometime this month. CAI-NJ LAC members and lobbyists have requested a meeting with Senator Paul Sarlo, Chair of the SBA, to advocate for the posting of S-2578 at the next meeting of the SBA. In anticipation of the bill’s eventual adoption, managers may want to begin preparing for this legislation and the educational component that are part of the licensing process. Don’t wait; make your plan now so you obtain your license as quickly as possible. Please watch for updates on this important legislation in future Legislative Updates in Community Trends®, as well as in the Chapter’s weekly electronic newsletter, Community Trending.
