Legal Opinion

In Re the Declaratory Judgment Actions Filed by Various Municipalities, County of Ocean, Pursuant to the Supreme Court's Decision in in Re Adoption

Supreme Court of New Jersey

Decided January 18, 2017No. A-1-16PublishedCited by 12 opinions

1Opinion of the CourtJustice LaVECCHIA

For the last sixteen years, while the Council on Affordable Housing (COAH) failed to promulgate viable rules creating a realistic opportunity for the construction of low- and moderate-income housing in municipalities, the Mount Laurel constitutional affordable housing obligation 1 did not go away. Municipal respon sibility for a fair share of the affordable housing need of low- and moderate-income households formed during that period was not suspended. We now must address arguments over constitutional compliance, specifically as it concerns municipal responsibility to address the housing need…

2Cases cited11 opinions

  1. Southern Burlington County N.A.A.C.P. v. Township of Mount LaurelSupreme Court of New Jersey · 1983
  2. Southern Burlington County N.A.A.C.P. v. Township of Mount LaurelSupreme Court of New Jersey · 1975
  3. Mathews v. CintronSupreme Court of the United States · 1975
  4. In Re Petition for Substantive Certification Filed by the Township of WarrenSupreme Court of New Jersey · 1993
  5. In the Matter of the Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable HousingSupreme Court of New Jersey · 2015

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3Cited by12 opinions

  1. KATHLEEN LEGGETTE VS. GOVERNMENT EMPLOYEES INSURANCECOMPANY (GEICO)(L-1585-14, MERCER COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2017
  2. Terranova v. Gen. Elec. Pension TrustNew Jersey Superior Court Appellate Division · 2019
  3. 800 SYLVAN AVENUE, LLC, ETC. VS. BOROUGH OF ENGLEWOOD CLIFFS (L-0069-18, BERGEN COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2020
  4. Borough of Englewood Cliffs v. Thomas J. TrautnerSupreme Court of New Jersey · 2025
  5. IN RE CLINTON TOWNSHIP COMPLIANCE WITH THIRD ROUND MOUNT LAUREL AFFORDABLE HOUSING OBLIGATION (L-0315-15, HUNTERDON COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2020

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