In re the Adoption of the Monroe Township Housing Element

In the wake of In re N.J.A.C. 5:96 & 5:97, 221 N.J. 1, 110 A.3d 31 (2015), and In re Failure of the Council on Affordable Housing To Adopt Trust Fund Commitment Regulations, 440 N.J.Super. 220, 112 A.3d 595 (App.Div.2015), the trial court denied the motion of the Department of Community Affairs to intervene in this action, which was commenced by the Township of Monroe for a judgment declaring its housing plan presumptively valid. The DCA sought to file a counterclaim seeking an accounting and turnover of Monroe’s affordable housing trust funds based on an allegation that Monroe failed “to…