Paramus Substantive Certification No. 47

The opinion of the court was delivered by

KING, P.J.A.D.

This appeal requires us to interpret the so-called “Fanwood Bill,” L. 1989, c. 142; N.J.S.A. 52:27D-311.1 and 313.1, effective August 3, 1989. That act amends the Fair Housing Act, N.J.S.A. 52:27D-301 to -329, by prohibiting the Council on Affordable Housing (COAH) from requiring municipalities seeking substantive certification to consider as available for affordable housing sites already improved with sound residential structures. The act was adopted shortly after COAH ordered the Borough of Fanwood to consider as available small parcels…