Legal Opinion

In re Adoption of the 2003 Low Income Housing Tax Credit Qualified Allocation Plan

New Jersey Superior Court Appellate Division

Decided April 28, 2004PublishedCited by 17 opinions

1Opinion of the Court

The opinion of the court was delivered by

HAVEY, P.J.AD.

In this appeal, four public interest organizations challenge the validity of the 2003 Qualified Allocation Plan (QAP) adopted by respondent New Jersey Housing Mortgage Finance Agency (HMFA). A QAP is the means by which a state housing credit agency administers the Low Income Housing Tax Credit (LIHTC) program created by federal law. 26 U.S.C.A § 42. Appellants claim that, because the 2003 QAP funds affordable housing in *10urban areas with a high percentage of minority residents, it encourages racial segregation in violation of the Federal…

2Cases cited43 opinions

  1. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  2. Regents of the University of California v. BakkeSupreme Court of the United States · 1978
  3. Adarand Constructors, Inc. v. PenaSupreme Court of the United States · 1995
  4. City of Richmond v. J. A. Croson Co.Supreme Court of the United States · 1989
  5. Trafficante v. Metropolitan Life InsuranceSupreme Court of the United States · 1972

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3Cited by17 opinions

  1. In re the Provision of Basic Generation ServiceSupreme Court of New Jersey · 2011
  2. In re Authorization for Freshwater Wetlands Statewide General Permit 6New Jersey Superior Court Appellate Division · 2013
  3. In Re Adoption of Uniform Housing Affordability ControlsNew Jersey Superior Court Appellate Division · 2007
  4. (2011), Maryland Attorney General Reports2011
  5. Animal Protection League of New Jersey v. New Jersey Fish and Game CouncilNew Jersey Superior Court Appellate Division · 2023

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