IN THE MATTER OF THE ADOPTION OF N.J.A.C. 5:96 AND 5:97 BY THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING A-5382-07T3, ET ALS. 10-08-10
COAH's "Growth Share" methodology for allocating the prospective need for affordable housing in the revised third round rules is invalid. Therefore, COAH is ordered to adopt new third round rules that use a methodology for determining prospective need similar to the methodology used in the prior rounds rather than a growth share methodology. The parts of the revised third round rules that authorize bonus credits for rental units that were never built and that do not provide sufficient incentives for the construction of inclusionary developments are also invalid. The other parts of the revised third round rules challenged in these appeals, including those dealing with the calculation and allocation of present need and prior round obligations, are sustained.
