04-08-09 In the Matter of Fair Lawn Borough, Bergen County,
Motion of Landmark at Radburn Seeking Amendment of
Dismissal of Fair Lawn's Third Found Fair Share Plan
Petition
A-1611-07T3
Construing the Fair Housing Act, N.J.S.A. 52:27D-301 to
-329, and regulations of the Counsel on Affordable Housing
(COAH), we confirmed COAH's authority to dismiss a
municipality's third round petition for substantive
certification of its affordable housing plan, based on the
municipality's persistent failure to comply with the terms of
its second round certification. Where a municipality has not
actually satisfied its previously-unmet need for affordable
housing, COAH need not allow the municipality to remove from its
plan a viable site that has been included for over a decade as
part of its vacant land adjustment.
