NJ Council on Local Mandates

Bethlehem Township COLM-0001-24

Procedural History

Complaint filed. On September 23, 2024, via email, a Complaint was filed by Michael P. O’Grodnick, Esq., Township Attorney on behalf of Bethlehem Township, in which it submits that P.L. 2024, c.2, constitutes an unfunded mandate, the costs of which are to be shouldered solely by municipalities. On March 20, 2024, Governor Murphy signed legislation, S. 50/A. 4 (2024), into law, P.L. 2024, c.2 (the “Statute”), which, inter alia, amends the Fair Housing Act to abolish the New Jersey Council on Affordable Housing (“COAH”) and establishes new statutory scheme for how municipalities calculate, certify, challenge and implement their affordable housing obligations.

A summary of the Bethlehem Township Complaint, may be viewed under Pleading Summaries.

View the full version of the Bethlehem Township

Council publication. Because of the identity of the issue raised, on September 24, 2024, via email and hand delivered letter, the Council ordered that the complaint should be served on the Attorney General, the Department of Law & Public Safety, the Director at the Department of Law & Public Safety, and the officials listed in Council Rule 9a.

The Council also determined that the Attorney General would be directed to file an Answer to the Complaint, and that any other official served with the Complaint that chose to do so might file an Answer, as Respondent.

View the full version of the Council’s correspondence to all interested parties.

PLEADING SUMMARIES

Claimant Bethlehem Township Summary of Complaint

“The Township challenges P.L. 2024, c.2, as same constitutes an unfunded mandate, the costs of which are to be shouldered solely by municipalities. On March 20, 2024, Governor Murphy signed legislation, S. 50/A. 4 (2024), into law, P.L. 2024, c.2 (the “Statute”), which, inter alia, amends the Fair Housing Act to abolish the New Jersey Council on Affordable Housing (“COAH”) and establishes new statutory scheme for how municipalities calculate, certify, challenge and implement their affordable housing obligation.

The Township asserts that the Statute will impose direct expenditures upon municipalities without appropriations and will compel municipalities to utilize taxpayer funds to comply with the following, inter alia: (1) determine municipal present and prospective need; (2) revise municipal housing element and fair share plan; (3) defend municipal housing element and fair share plain against “exclusionary zoning litigation” in the Affordable Housing Dispute Resolution Program and/or with the Administrative Office of the Courts; (4) obtain a compliance certification; (5) defend exclusionary zoning litigation immunity; and (6) report to the Department of Community Affairs (collectively referred to herein as the “Statutory Obligations”)."

The above summary is a quotation from the Complaint filed by Michael P. O’Grodnick, Esq., Township Attorney on behalf of Bethlehem Township, on September 23, 2024.

�ǿ��޴�ýapp

| |