As discussed here, on March 7, the Appellate Division directed the Council on Affordable Housing (“COAH”) to meet on an expedited basis and adopt third round rules regarding municipal shares of low and moderate-income housing. Yesterday, COAH moved before the Supreme Court for a stay of that ruling. The opposing parties submitted their briefs to the Supreme Court yesterday as well.
Late this afternoon, the Supreme Court entered a one-page order granting the requested stay pending further order of the Court. The order was signed by Justice Lavecchia. She was the senior member of the Court, since Chief Justice Rabner had recused himself from the Court’s decision in this case last year and did so again regarding this application.
As a result of the Court’s order today, COAH need not meet tomorrow in order to take the first step toward adoption of new third round rules as the Appellate Division had mandated. The merits of the Appellate Division’s March 7 order, as well as the merits of COAH’s previous motion that the Supreme Court extend COAH’s time to promulgate third round rules until later this year, remain to be addressed by the Court. For now, the Court has simply maintained the status quo that existed prior to March 7.