Recent legislation, assembly bill A-4 (“A-4”), made significant changes to the Fair Housing Act (“FHA”), which we have previously outlined in a high-level analysis. This newly established process, timeline, methodology, and other significant changes to New Jersey’s affordable housing requirements – as well as the recent statewide housing calculations issued by the New Jersey Department of Community Affairs – are now in effect as the State enters the new ten (10) year municipal compliance round. With respect to process, A-4 abolished the long defunct Council on Affordable Housing (“COAH”) – the State agency previously tasked with the administration of affordable housing – and in its place, mandated the creation of the “Program” to be administered by the Administrative Office of the Courts (“AOC”). On December 13, 2024, the AOC issued Directive #14-24, which clarified the procedures for obtaining certifications of compliance through the Program.
With the publication of Directive #14-24, the AOC has provided reassurance that despite A-4’s significant overhaul of the FHA, the process for municipalities to obtain certificates of compliance remains relatively recognizable, albeit in a streamlined form. By shifting administrative oversite from judges to specially assigned “Program managers” and “special adjudicators,” the Program increases administrative capacity and provides more uniformity and predictability within the familiar Declaratory Judgment framework that was previously utilized in the 3rd Round.
This white paper analyzes Directive #14-24 and its process and timeline for municipalities to obtain certifications of compliance through the newly created Program. . .
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