1 TRHOUS26 FARRELL
Sen. Christopher Bateman has proposed a bill that would abolish COAH.
(Tim Farrell/The Star-Ledger)
By Christopher Bateman
Too many people are still struggling to find adequate housing in New Jersey -- a troubling issue embodied by the Council on Affordable Housing's chaotic 40-year existence, which has been marked by the passage of harmfully overreaching court rulings.
COAH regulations set forth by New Jersey courts have placed an undue tax burden on residents and crippled communities that have been forced to conform to one-size-fits-all mandates that ignore their unique needs. New Jersey has more inclusionary zoning requirements than any other jurisdiction in the country, according to a 2014 report by the Lincoln Institute of Land Policy. Costly COAH fees have also harmed the economy by stymieing development and related job growth.
Just last week, the state Supreme Court again issued a troubling COAH ruling that state trial judges will now decide housing laws and quotas on a town-by-town basis. That decision will not fix our housing problem and stands to create expensive litigation and countless lawsuits.
What other state allows the courts to mandate to municipalities how much affordable housing to build and where it must go? It should be the legislature's responsibility to develop statewide policies, not unelected members of New Jersey courts.
New Jersey boasts a variety of townships, boroughs, and cities. Broad-based and misguided housing quotas will not serve each town equally. We need to enact legislation that will take these decisions out of the courts' hands and return authority to local officials.
Senate Republicans have had affordable housing solutions on the table for years. In December, I introduced a bill (S-2629) that would abolish COAH and create a common-sense affordable housing program giving municipalities far more control over how much housing to build in locations that local officials decide are best for residential development.
S-2629 would require developers of new residential housing containing five or more units to ensure that 10 percent will be used to house low and moderate income families. Developers can meet this quota by constructing new housing, or redeveloping and remodeling existing housing. Renovating existing housing units reduces the need to construct new housing, and will help minimize sprawl in our most-densely populated state.
This bill would eliminate flawed state-imposed housing calculations and give municipalities a clean slate on baseless housing quotas. Unlike under past COAH mandates, S-2629 would not force towns to build in areas without infrastructure or space, such as sewers or roads. Unlike under past COAH rulings, towns don't have to build projects that are not economically feasible.
S-2629 would allow municipalities to administer their own affordable housing obligations, returning flexibility and autonomy to all communities. It is a smart-growth strategy to solve the affordable housing dilemma by making development decisions that are based on need -- not some unworkable state or court mandate that fails the people of New Jersey.
The average New Jersey renter needs to earn $52,000 to afford a two-bedroom apartment, according to the National Income Housing Coalition. That income level, for example, exceeds the starting salaries of many school teachers here.
By stepping away from quotas and passing legislative reform, we can help hard working New Jerseyans live in and become more invested in the communities where they work. By moving forward with S-2629, we can also protect the environment and open space, ease the tax burden and prevent costly construction in towns that are already battling overcrowding.
It is time to leave COAH behind and simplify the compliance process, giving our communities the authority and flexibility they need to provide enough affordable housing for those who need it most. I look forward to immediately working with my fellow legislators and Gov. Chris Christie to revamp this system that has been broken for 40 years.
Sen. Christopher "Kip" Bateman represents Somerset, Hunterdon, Mercer and Middlesex counties.
Follow The Star-Ledger on Twitter @starledger. Find The Star-Ledger on Facebook.