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Supreme Court Schedules Argument on Fair Share Housing Center Motion

Posted by Adam Gordon on December 4th 2014

Supreme Court Schedules Argument on Fair Share Housing Center Motion January 6 argument will decide next steps on municipal fair housing obligations

This afternoon, the New Jersey Supreme Court scheduled oral argument for January 6, 2015, on Fair Share Housing Center’s (FSHC) motion to enforce litigants rights, filed after the Christie Administration failed to meet an October 22 deadline for adopting new rules under the Fair Housing Act.

FSHC filed the motion, which is available here, on October 31, after the Council on Affordable Housing (COAH) failed to meet the Supreme Court’s October 22, 2014 deadline for adopting new rules to implement the Fair Housing Act. That deadline itself, established by a March 14, 2014 order of the Supreme Court, was a nearly nine month extension from the original February 26, 2014, deadline. The Court at that time stated that if the revised deadline were not met, it would consider a motion such as the one FSHC filed.

FSHC’s motion asks the Court to set up an orderly process that is fair to housing advocates, non-profit and for-profit developers, and municipalities, ensuring that all interested parties have an opportunity to participate and that the public is fully notified of all such proceedings. The motion also asks that the Court designate a small number of judges to determine the fair share of homes for each municipality for working families, lower-income seniors, and people with special needs, again with full participation of all interested parties, over the next 90 days.