At its meeting on Monday, September 22, the Council on Affordable Housing (”COAH”) voted to adopt several amendments to the affordable housing regulations which were proposed on May 6. These amendments will supplement the current “third round” rules, which were effective as of June 2. Notice of adoption will appear in the next edition of the New Jersey Register and the amendments will be effective as of October 20, 2008.

COAH also voted to propose a new regulation exempting homeowners from fees when rebuilding their home after a fire, flood or natural disaster. The Council also approved a waiver of an affordable housing development fee as a result of the destruction of a home in Franklin Township, an issue that had received substantial publicity and which prompted the proposed amendment.

The New Jersey League of Municipalities has provided a recent update regarding the status of the numerous legal challenges which have been filed opposing the regulations adopted in June which are pending before the appellate division. The League will seek, among other relief, a stay of the December 31, 2008 deadline for municipalities to submit their affordable housing plan to COAH.

One municipality has attempted to attack the regulations requiring the municipal obligation to provide affordable housing as an “unfunded mandate.” The Council on Local Mandates is the latest battleground in which a muncipality is challenging the regulations.