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IN RE ADOPTION OF UNIFORM HOUSING AFFORDABILITY CONTROLS

914 A.2d 402 (2007)

390 N.J. Super. 89

In re ADOPTION OF UNIFORM HOUSING AFFORDABILITY CONTROLS by the New Jersey Housing and Mortgage Finance Agency.

Superior Court of New Jersey, Appellate Division.

Decided January 25, 2007.

Attorney(s) appearing for the Case

Peter J. O'Connor argued the cause for appellant, Fair Share Housing Center (Mr. O'Connor and Kevin D. Walsh, Buffalo, NY, on the brief).

Donald M. Palombi, Deputy Attorney General, argued the cause for respondent, New Jersey Housing and Mortgage Finance Agency (Stuart Rabner, Attorney General, attorney; Michael J. Haas, Assistant Attorney General, of counsel; Robert J. Shaughnessy, Deputy Attorney General, on the brief).

Before Judges CUFF, WINKELSTEIN and BAXTER.

The opinion of the court was delivered by

WINKELSTEIN, J.A.D.

In this appeal, we address a challenge by plaintiff, Fair Share Housing Center (Fair Share), to the promulgation of N.J.A.C. 5:80-26, a regulation enacted by the New Jersey Housing and Mortgage Finance Agency (HMFA). The regulation establishes affordability ranges for the provision of housing pursuant to the Mount Laurel doctrine.

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