IN RE A PLAN FOR THE ABOLITION
OF THE COUNCIL ON
AFFORDABLE HOUSING AND
PROVIDING FOR THE TRANSFER OF
THE FUNCTIONS, POWERS, AND
DUTIES OF THE COUNCIL ON
AFFORDABLE HOUSING TO THE
DEPARTMENT OF COMMUNITY
AFFAIRS, REORGANIZATION PLAN
1-2011
A-6301-10T4
The issue raised in this appeal is whether, pursuant to the
Executive Reorganization Act of
1969, N.J.S.A. 52:14C-1 to -11
(Reorganization Act), a
Governor may abolish an independent
agency created by the
Legislature that is "in but not of" a
department of the Executive
Branch. As applied here, the
narrower issue is whether
respondent Governor Chris Christie
may, under the terms of the
Reorganization Act, "abolish" the
Council on Affordable Housing
(COAH), an independent agency
created by the Fair Housing
Act, N.J.S.A. 52:27D-301 to -329
(FHA), and transfer the duties,
responsibilities and obligations
of that agency to the sole
authority of the Commissioner of the
Department of Community Affairs
(DCA).
Strictly construing the Reorganization Act, we conclude
that it does not grant the
Governor the power to abolish a
legislatively created,
representative, independent authority
that is "in but not
of" the Executive Branch or any department
in that branch of the
government. Applying this rule
here, we
determine that the Governor
exceeded his authority under the
Reorganization Act in
abolishing COAH. Accordingly, we
reverse. 03-08-12
