Legal Opinion
In the Matter of the Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing
Supreme Court of New Jersey
Decided March 10, 2015No. M-392-14PublishedCited by 41 opinions
1Opinion of the CourtJustice LaVECCHIA
The Mount Laurel series of cases 1 recognized that the power to zone carries a constitutional obligation to do so in a manner that creates a realistic opportunity for producing a fair share of the regional present and prospective need for housing low- and moderate-income families. The Legislature enacted the Fair Housing Act of 1985 (FHA or the Act), N.J.S.A. 52:27D-301 to -829, to assist in municipal compliance with that constitutional obligation. The FHA created the Council on Affordable Housing (COAH), which was designed to provide an optional administrative alternative to litigating…
2Cases cited21 opinions
- Southern Burlington County N.A.A.C.P. v. Township of Mount LaurelSupreme Court of New Jersey · 1983
- Southern Burlington County N.A.A.C.P. v. Township of Mount LaurelSupreme Court of New Jersey · 1975
- Mathews v. CintronSupreme Court of the United States · 1975
- Schwarz v. Florida Supreme CourtSupreme Court of the United States · 1990
- Hills Dev. Co. v. Bernards Tp. in Somerset Cty.Supreme Court of New Jersey · 1986
16 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- In Re Declaratory Judgment Actions Filed by VariousNew Jersey Superior Court Appellate Division · 2016
- In Re the Declaratory Judgment Actions Filed by Various Municipalities, County of Ocean, Pursuant to the Supreme Court's Decision in in Re AdoptionSupreme Court of New Jersey · 2017
- NORTH JERSEY MEDIA GROUP INC., D/B/A THE RECORD VS. STATE OF NEW JERSEY OFFICE OF THE GOVERNOR (L-1059-14 AND L-0248-14, MERCER COUNTY AND STATEWIDE)(CONSOLIDATED)New Jersey Superior Court Appellate Division · 2017
- In re the Adoption of the Monroe Township Housing ElementNew Jersey Superior Court Appellate Division · 2015
- Fair Share Housing Center, Inc. v. the Zoning Board OfNew Jersey Superior Court Appellate Division · 2015
36 more not listed; retrieve them via the Exa API.