|
The ordinance, approved by a unanimous city council vote
<br />on August 25, amends the I997 [-fighland Park Zoning Code. A
<br />related resolution was also approved to allow for the cash-in-[ieu
<br />payments. The new regulations rake effect October l, 2003. For
<br />a complimentary copy of the Highland Park, Illinois,
<br />indusionar7 housing zoning ordinance, contact Michael
<br />Davidson, Editor, Zoning News, American Planning Association,
<br />122 South Michigan Avenue, Suite [600, Chicago, IL 60603,
<br />or send an e-mall co mdavidson@planning.org. Lynn M. Ross
<br />
<br />Changes to New Jersey
<br />Affordable Housing Law
<br />The New Jersey Council on AffordabLe Housing (COAH)--the
<br />state agency charged with administering New.Jersey's fair-share
<br />housing program--ha~ announced a plan to overhaul the system
<br />char has governed affordable housing planning in the state since
<br />1985.
<br /> The proposed changes will eliminate the fair-share formula in
<br />favor ora new "growth-share" approach. The new approach is a
<br />significant change ~'rom the previous method of calculating
<br />affordable housing goals; [t seeks co [ink the production of
<br />affordable housing with municipal development and growth,
<br />whereas the previous approach assigned housing goals based on
<br />population growth projections and other data. Although many
<br />housing advocates have argued for the growr, h-share methodology,
<br />COAH's approach has generated substantial opposition in the
<br />housing community, who see it as watering down its principles.
<br />
<br />The new "growth-s. hare" approach
<br />seeks to link the production of
<br />affordc~ble housing with municipal
<br />development and growth.
<br />
<br /> Under the fair-share approach, municipalities that chose to
<br />adopt the hit-share goals established by COAH and plan for their
<br />allocated amount of affordable housing would receive protection
<br />from lawsuits brought by builders under the Mount Laurel State
<br />Supreme Court dec[siam. The proposed rules will change the way
<br />those goals are calculated.
<br /> The 1975 and 1983 Mount Laurel decisions ruled char
<br />developing municipalities have a constitutional obligation to. .
<br />provide a realistic opportunity for the construction of Iow- and
<br />moderate-income housing. A zoning decision or ordinance that
<br />denies the opportunity for the construction of affordable housing
<br />fails to meet chis constitutional requirement and makes the
<br />municipality vulnerable to lawsuits. Municipalities that have
<br />addressed their fair-share housing goals and have been certified by
<br />COAH are protected from Mount Laurellawsuits. However,
<br />parriciparion in the COAH process is voluntary, and
<br />municipalities chat etecr nor to parr!cipare risk lawsuits from
<br />developers.
<br /> As of 2001, 48 percent of the cities and towns in New Jersey
<br />were participating in the COAH process. Between 1980 and
<br />201)0, towns across New Jersey created opportunities for 60,731
<br />tow- and moderate-income housing units through zoning and
<br />other techniques. Almost 29,000 units were constructed.
<br />Under the proposed growth-share approach, municipalities shall
<br />provide one al'fordable housing unit for every ten residential units
<br />built. Also, ~'or eve~ 30 new jobs created, the municipality shall
<br />provide one unit of affordable housing. Therefore, communities
<br />shat choose hoc to grow will not be required co plan [br affordable
<br />
<br />housing to satisfy COAH requirements. Existing affordable
<br />housing units that are in need of rehabilitation-, and unmer
<br />obligations ~Cor affordable housing from the previous rounds, are
<br />also included in the growth-share approach.
<br /> The Coalition for 'Affordable Housing and the Environment
<br />a New Jersey-based advocac7 organization, disagrees with the
<br />ratios char have been proposed in the new rules. Executive
<br />director Paul Chrystie says, ~the growth-share ratios that we
<br />recommend were one in five for residential units and one
<br />residential unit for every five jobs."
<br /> According to a Department of Community Affairs press
<br />release, the proposed rules will result in better planning for
<br />affordable housing based on New Jersey's smart growth agenda.
<br />[t states, "under the proposed methodology', affordable housing
<br />will' not drive planning decisions; instead, sound planning
<br />decisions will drive the beat[on of, and type of, affordable
<br />housing co be provided."
<br /> Susan Bass Lev[n, commissioner of the Department of
<br />Community Affairs, and chair of COAH, says "Governor
<br />McGreevey and I Feet strongly that, by working with towns,
<br />giving them the power to' control their own growth, and
<br />increasing the options for towns to meet their ob[[gar[on, we
<br />have fimdamentally changed the way we approach affordabte
<br />homing in the stare of New Jerses'."
<br /> COAH's growdYshare approach allows for a greater degree of
<br />freedom for individual jurisdictions, which worries some
<br />affordable housing advocates. Alan Mallach, FA_ICg research
<br />director of the National Housing Institute, says, "the whole
<br />thing is parr of the strate=w to come as close as 7au can to
<br />nullify Mount Laurel." He says, "Ir is aa[ the growth-share
<br />approach that most advocates object to, but the way. COAH is
<br />doing it."
<br /> According to Ma[lath, included in the proposed rules is a
<br />plan to give municipalities credit rowaxd future affordable
<br />housing obligations for the units th~k have already been built or
<br />planned for. Affordable housing advocates disagree with this
<br />parr of the new methodology because ir gives credits for units
<br />that have aor yet been built. In essence, Ma[lath says, "they have
<br />minimized production."
<br /> The plan also allows for up to 50 percent ora municipality's '
<br />obligation to be fulfilled through the development of senior '
<br />housing, and another 50 percent to be transferred to other
<br />municipalities in the same housing region or a statewide
<br />affordable housing bank.
<br /> A preliminary analysis by Mallach concluded that the
<br />proposed rules would dramatically reduce the amount of
<br />affordabte housing that is likely to be built. The analysis also
<br />found that the new rules are hostile to families with children,
<br />will reinforce the concentration of non-elderly, minority, and
<br />iow-income families in central cities, and will do nothing to
<br />address sprawl and unsusrainable development. Chrystie agrees,
<br />saying, "the new rules will produce far [ess affordable
<br />homing...and undermine smart growth by skewing the planning
<br />process."
<br /> According ro Mallach, the bottom line "is ~ar New Jersey
<br />suburbs could find themselves completely in compliance with
<br />~!/[ounr Laurel, wi[hour ever building a unit bf affordable homing
<br />for families for children." For complimentary copies of the COAH
<br />proposal'substantive rules, the COAl-I-proposal procedural rules,
<br />and a COAH'analysis by Nar[anal Homing Institute research
<br />director, Alan Mallach, FAICE contact Michael Day[dion, Editor,
<br />Zoning News, American Planning Association, 122 South Michigan
<br />Avenue, Suite 1600, Chicago, IL 60603, or send an e-mail to
<br /> mdavidson@planning, org. Rebecca Rerz[aj'f,,,4_.[C]~
<br /> 77
<br />
<br />
<br />
|