COUNCIL RULES AGAINST MEDFORD ON COAH

Assemblywoman Dawn Marie Addiego and Assemblyman Scott Rudder said Wednesday’s ruling against Medford Township by the Council on Local Mandates concerning the Council on Affordable Housing’s (COAH) newly enacted regulations is a tremendous loss for taxpayers throughout the state.

Last year, Medford Township filed a challenge in court to COAH’s newly enacted regulations saying they are an unfunded mandate. In a decision rendered today, the Council on Local Mandates ruled against Medford stating Medford’s claim falls under “Exemption 5,” which states that an unfunded mandate that fulfills a Constitutional requirement is not a mandate they can overturn.

“Today’s decision will have a far reaching negative impact not only on the residents of Medford Township, but on all New Jersey taxpayers,” said Addiego, R-Burlington. “From the beginning, we said the new COAH regulations are a recipe for disaster for our taxpayers for several reasons, one of which is that it is another Corzine Administration mandate without the resources to cover the mandate. As a result, COAH’s new regulations will drive up property taxes, destroy open space and discourage economic development,” she continued.

Rudder said the problem is that the courts have wrongly interpreted the state Constitution on this matter.

“State courts have said that affordable housing is a right, yet there is nothing in our Constitution that addresses the housing issue,” he explained. “Additionally, it is clear that the COAH mandate is an unfunded mandate. Late last year, OLS (non-partisan Office of Legislative Services) analysis concluded that the program will have an annual funding shorfall of more than $2 billion. Where is that money going to come from? The taxpayer who is already facing soaring property tax hikes due to Governor Corzine’s recently proposed new budget.”

In May 2008, COAH decreed that 115,000 more affordable housing units be built throughout the state, assigning arbitrary quotas for every town to meet.