Dive Brief:

• The state Supreme Court has announced its decision regarding a ten year-old policy which dictates how towns must meet obligations for low to moderate income units.

• The court sided with builders and affordable-housing advocates, stating that "the policy adopted by the Legislature cannot be rewritten by COAH to the degree it has done through the growth of shared methodology." 

• The court found that by using guidelines COAH implemented to reach its affordable housing quota, towns could, in essence, avoid building affordable housing by refusing to allow development. 

Dive Insight:

The decision will now allow cities in New Jersey to continue with plans to build affordable homes. 

The Supreme Court did acknowledge that new guidelines may have to be created, due to factors such as the housing downturn, and is looking for new rules from the Council on Affordable Housing within five months.