(2011)

Dear Jamie Raskin

You have asked for our opinion concerning part of the process that the Department of Housing and Community Development ("DHCD") follows in administering two of its multi-family rental housing programs. In particular, as a condition to the award of program benefits, DHCD requires that a project have the endorsement of the governing body of the jurisdiction in which it will be located. You have posed the following two questions concerning this local approval requirement:

1. To the extent that these requirements effectively confer a veto power on the executive and legislative…