IN RE FAILURE OF THE COUNCIL ON AFFORDABLE HOUSING TO
ADOPT TRUST FUND COMMITMENT REGULATIONS
A-5257-11T4/A-0122-13T3(CONSOLIDATED)
Despite the Legislature's clear and unambiguous direction
that the Council on Affordable Housing (COAH) promulgate
regulations defining when affordable housing trust funds are
committed, and despite previously expressing its intention to
comply with that command, COAH failed and refused to adopt
regulations, leaving municipalities in a morass of uncertainty
while facing the prospect of an arbitrary seizure of affordable
housing trust funds. In light of both COAH's inaction and the
Supreme Court's recent determination that "there no longer
exists a legitimate basis to block access to the courts" in
affordable housing matters, In re Adoption of N.J.A.C. 5:96 and
5:97, __ N.J. __ (2015) (slip op. at 4), and absent some change
in these circumstances, the court enjoined the seizure of any
trust funds by COAH or the executive branch and directed that
the future disposition of trust funds must come from the courts
on a case-by-case basis. 
