Law Office of Christopher D. Hopkins
Law Office of Christopher D. Hopkins
Law Office of Christopher D. Hopkins
HomeReal Estate LawLand Use LawEnvironmental LawLaw Articles and NewsLaw ResourcesContact Christopher Hopkins
  • Tue January 21, 2014, 3:51 pm
    Site Remediation Extension of Time Bill Gives 2 Additional Years for Completion of Remedial Investigation of Contaminated Sites Two Year of Extension of May 7, 2014 Deadline For Completion of Remedial Investigation of Contaminated Sites For thos...
    [read more]
  • Mon November 4, 2013, 7:14 pm
    Compensation For Loss of Ocean Views Due to Protective Dunes Upheld Compensation For Loss of Ocean Views Due to Protective Dunes Upheld, Although Protective Benefit of Dunes Must Be Includ...
    [read more]
  • Sun September 29, 2013, 4:12 pm
    NJ Supreme Court Rejects COAH’s Third Round Regulations New Jersey Supreme Court Rejects COAH’s Third Round Regulations On Thursday, the New Jersey Supreme Court, by a 3...
    [read more]
  • Thu May 23, 2013, 10:28 am
    De Facto Merger of LP Into LLC Does Not Preclude Transfer of Prior Entity’s Rights May 23 2013 -In I/M/O Hazardous Discharge Site Remediation Fund Innocent Party Grant Application Cliflake Associates LLC...
    [read more]
  • Tue April 30, 2013, 8:02 pm
    NJ State's Energy Master Plan For Solar Incentives for Dumps and Brownfields - Slow Going According to an article on NJ Spotlight - The state’s Energy Master Plan wants to convert garbage dumps and brownf...
    [read more]
  • Mon March 25, 2013, 7:14 pm
    Hydraulic Fracturing Update New York Home Rule Power To Curb Fracking Upheld In Lenape v. Town of Avon et al., case number 1060-2012, in New York...
    [read more]
  • Sun March 24, 2013, 11:39 am
    Creation of Hydraulic Fracturing Performance Standards Shell, Chevron, the Environmental Defense Fund, the Clean Air Task Force, Consol Energy, the EQT Corporation, the Group ...
    [read more]
  • Tue March 5, 2013, 7:42 pm
    Zoning Protections Lost For Hurricane Sandy Damaged Structures Deemed “Totally” Destroyed The Appellate Division yesterday made it more difficult for property owners trying to rebuild after Hurricane Sandy. The...
    [read more]
  • Fri March 1, 2013, 2:17 pm
    NJ Court Holds That Age Restricted Development May Be Marketed With No Age Restriction March 1 2013 - The Court, in Sharbell Building Company, LLC v. Planning Board of The Township of Robbinsville, held that...
    [read more]
  • Tue February 5, 2013, 8:15 pm
    NJ Supreme Court Clarifies Requisite Nexus For Liability Under the Spill Act February 5 2013 - In NJ Department. of Environmental Protection v. Dimant, 212 N.J. 153 (2012), the New Jersey Supreme C...
    [read more]

View Archives

New Jersey Lawyers
RSS feed of The Law Office of Christopher D. Hopkins Twitter feed of The Law Office of Christopher D. Hopkins Facebook The Law Office of Christopher D. Hopkins
From the Aricle Archive
NJ Supreme Court Rejects COAH’s Third Round Regulations

New Jersey Supreme Court Rejects COAH’s Third Round Regulations

On Thursday, the New Jersey Supreme Court, by a 3-2 vote, rejected the Council on Affordable Housing’s proposed third round regulations which employed a "growth share" methodology, by which the quantity of low-moderate-priced housing was determined upon projected population and commercial growth within a municipality. This is welcome news to many developers who feared that the regulations allowed municipalities to slow development and growth so that their fair share obligation of providing affordable housing would be avoided. In the Matter of the Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing, the Court held that the Third Round Rules are at odds with the Fair Housing Act, and exceed COAH's rule-making authority under that Act. Specifically, the Court rejected the "growth share" concept, by which a municipality's affordable housing fair share obligation is determined by actual growth rather than a specific unmet need for affordable housing. The Court's decision requires COAH to adopt new rules based upon the former first and second round methodologies within five months. Thus, the development community again will have to wait and see what happens. Right now it is unclear whether legislative action will attempt to revise the way affordable housing is allocated among municipalities or whether they will simply return to the methodology utilized before the “growth share” concept was introduced.

About The Law Office of Christopher D. Hopkins, LLC

The Law Office of Christopher D. Hopkins, LLC is a boutique law firm located in Scotch Plains, New Jersey committed to providing the highest quality of legal services in the select areas of real estate, land use and environmental law. The firm is committed to working collaboratively with clients to achieve practical, cost effective results- whether it be in complex litigation, transactions, cleanups and/or development projects. The firm provides transactional and litigation counsel to a broad spectrum of clients including private and public corporations, trade associations, nonprofit institutions, banks, real estate investment trusts and individuals in New Jersey, New York and Pennsylvania.

Contact Information

The Law Office of Christopher D. Hopkins, LLC
1812 Front Street
Scotch Plains, NJ 07076
TEL: 908.322.6121
FAX: 908.322.5701
Email: chris@chopkinslaw.com

 



Law Office of Christopher D. Hopkins
The Law Office of Christopher D. Hopkins, LLC 1812 Front Street, Scotch Plains, NJ 07076 || 908.322.6121