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NON-PROFIT AFFORDABLE HOUSING v. COAH.

265 N.J. Super. 475 (1993)

627 A.2d 1153

NON-PROFIT AFFORDABLE HOUSING NETWORK OF NEW JERSEY AND WILFREDO CARABALLO, PUBLIC ADVOCATE OF NEW JERSEY, PLAINTIFFS-APPELLANTS, v. NEW JERSEY COUNCIL ON AFFORDABLE HOUSING, DEFENDANT-RESPONDENT, AND TOWNSHIP OF BRICK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, INTERVENOR-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 29, 1993.

Attorney(s) appearing for the Case

Zulima V. Farber, Public Advocate, attorneys for appellants (Stephen Eisdorfer, Assistant Deputy Public Advocate, on the brief).

Robert J. Del Tufo, Attorney General of New Jersey, attorney for respondent, New Jersey Council on Affordable Housing (Mary Jacobson, Deputy Attorney General, of counsel; William P. Malloy, Deputy Attorney General, on the brief).

Lomell, Muccifori, Adler, Ravaschiere, Amabile & Pehlivanian, attorneys for intervenor-respondent, Township of Brick (Jeffrey R. Surenian and Ann M. Dougherty, on the brief).

Before Judges J.H. COLEMAN, ARNOLD M. STEIN and CONLEY.

The opinion of the court was delivered by COLEMAN, J.H., P.J.A.D.

One issue raised in this appeal is whether regulations, which do not include affordability as part of the standard for determining whether a housing unit constructed or rehabilitated between 1980 and 1986 can be the basis for a municipality's credit against its fair share pursuant to N.J.S.A. 52:27D-307c(1), are ultra vires. The second issue is whether the regulations violate the general welfare...

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