IN RE ADOPTION OF REGIONAL AFFORDABLE HOUSING DEVELOPMENT PROGRAM GUIDELINES BY THE COUNCIL ON AFFORDABLE HOUSING A-0970-09T3 2-24-11
An agency pronouncement may be a "statement of general applicability and continuing effect that implements or interprets law or policy," and therefore must be adopted in conformity with the rule-making procedures of the APA, even though it is not binding upon regulated parties. The Regional Affordable Housing Development Guidelines adopted by COAH to prescribe standards and conditions for regional planning, under which a municipality subject to the jurisdiction of a regional planning entity may transfer up to 50% of its affordable housing obligation to another municipality in the region, are administrative rules that should have been adopted under the APA's rule-making procedures.
