Post by fiberisgoodforyou on Oct 7, 2007 19:11:13 GMT -5
NOW YOU KNOW THE REST OF THE STORY. JUST TAKE ON ENOUGH "AFFORDABLE HOUSING" FROM COLTS NECK and, YOU GET TO REMAIN A "QUALIFIED" ABBOTT DISTRICT, and NOT HAVE TO WORRY ABOUT HAVING TO FUND YOUR SCHOOLS WHEN THE STATE WILL DO IT FOR YOU (aka "ABBOTT METHODS" 2007)! This is why RCA and Abbotts need to be revisited by honest Trenton representation!
atlanticville.gmnews.com/news/2007/0907/Front_Page/002.html
Long Branch-Colts Neck RCA in doubt
Appellate Court sends agreement back to COAH for review
BY CHRISTINE VARNO Staff Writer
An agreement that provided the city of Long Branch with funds to construct an affordable housing project is in question after an Appellate Court ruled that the matter be reconsidered by the state Council on Affordable Housing (COAH).
The Appellate Division of the New Jersey Superior Court decided Aug. 15 that a Regional Contribution Agreement (RCA) that would allow Colts Neck Township to transfer its affordablehousing obligation to the city of Long Branch does not comply with state regulations, according to an attorney with a nonprofit law firm that challenged the agreement.
The decision is "especially noteworthy," according to Adam Gordon of the Cherry Hillbased Fair Share Housing Center (FSHC) law firm, who said this case marks the first time a New Jersey court has ever invalidated an RCA.
"The court did not rule that all RCAs are illegal," Gordon said this week. "They ruled that this RCA is illegal. COAH is not following the rules set forth in the Fair Share Housing Act.
"I would hope that this will encourage COAH to adopt rules that would only approve RCAs that meet the requirements set in state law, rather than just approving every RCA," Gordon said.
Jacob L. Jones, Long Branch director of Community and Economic Development and Municipal Liaison officer, said Tuesday the RCA has not been invalidated.
"It was remanded," Jones said. "It was sent back to COAH for review. The RCAs have been very good for people in Long Branch.
"We have been able to provide new low- to moderate-income housing opportunities," he continued. "I am not saying that the advocacy group that initiated this lawsuit doesn't have a point. Every municipality should provide affordable housing.
The Long Branch Housing Authority (LBHA) received an estimated $975,000 from an RCA with Colts Neck to support the construction of 39 affordable-housing units at the authority's 40- unit Seaview Manor public housing complex on the corner of Seaview and Ellis avenues.
The FSHC appealed COAH's June 14, 2006, approval of the RCA, which would have fulfilled Colt Neck's obligation to provide 107 units of affordable housing by transferring $2.83 million to Long Branch to fund affordable-housing opportunities in the city.
"The Appellate Division sent a strong message: No longer can towns evade the law through bogus RCAs that serve only to exclude the working and middle-class families from New Jersey's most desirable towns," Gordon said in an FSHC press release.
"It is time for all of New Jersey towns to step up and do their fair share in providing opportunities so that all of our families can choose to live where they want."
An RCA allows a sending community, such as Colts Neck, to transfer up to half of its share of affordable-housing units to a receiving community, Long Branch, as long as it is within the same housing region.
Each community's fair share obligation of affordable housing is established by COAH.
But Gordon said his firm felt that COAH's approval of the Colts Neck/Long Branch RCA did not abide by state regulations.
"RCAs have to provide a realistic opportunity for affordable housing," he said. "The Seaview Manor units were counted twice. You can't count the same house twice. You can't promise the same unit to two people."
Gordon explained that he filed a lawsuit on July 31, 2006, in the state Superior Court appellate division claiming that Long Branch received credits for the same unit of housing twice.
The LBHA received state-funded low-income housing tax credits for units at Seaview Manor and then the agency received funds from Colts Neck for the same project, Gordon explained.
"So the state is counting the units with tax credits as meeting the need of its affordable housing obligations," Gordon said, adding, "And Colts Neck is counting the units as meeting its obligation. But the units were already counted."
Jones disagrees.
"The advocacy [firm] is saying it's double units," Jones said. "Often times when affordable housing is built, different agencies can receive credits to leverage other funds to fund the units. There are a number of resources, so the credits are shared.
"[FSHC] feels that two groups took credit for it," Jones said, adding, "But it is not unusual. This is nothing new."
The court agreed with the FSHC's assertion that COAH had credited 39 units in Long Branch twice, treating each unit as two affordable homes even though only one family could live in each, according to an FSHC press release.
"The state needs to stop playing games with affordable housing," Gordon said. "People actually need places to live in desirable towns like Colts Neck, not funny math counting one house as two."
Jones further comments that the RCA was not an overnight process.
"We worked at this for four to five years," he said. "We were given the full support from COAH."
Jones added that the city was fully aware of the lawsuit and did not accept any funds from Colts Neck until COAH and the Department of Community Affairs granted full approval.
"I just hope that somehow this is resolved," Jones said.
LBHA Executive Director Tyrone Garrett could not be reached for comment by deadline Wednesday.
The new Seaview Manor housing complex, which sits on 3 acres of land, broke ground on construction in November 2005 and was completed earlier this year.
The estimated $10.5 million project was funded through $8 million in state tax credits, a $220,00 federal Home Loan from the Bank of New York, loans from the New Jersey Department of Community Affairs and in-house funding from the authority, according to Garrett.
The complex currently houses 40 families and provides affordable, rental and townhouse style apartments, according to Garrett.
Although the RCA was rejected by the court, Gordon explained that the agreement has been remanded to COAH for reconsideration.
"The court ruled that the agency does have another chance to look at the RCA again, but the original approval was illegal," Gordon said.
"Colts Neck already paid Long Branch the money. I guess if they change the agreement around to fund another project, that could make another RCA between Long Branch and Colts Neck validated.
"I hope that Colts Neck just does the right thing and finds a way to provide affordable housing in Colts Neck," Gordon said.
Gordon further stressed that the importance of complying with affordable-housing obligations is to help create a state where people can afford to live.
"The median new home in Monmouth County is $810,000," Gordon said. "It is about whether we want a state that is affordable or just a place for the super rich to live.
"It is about whether teachers who teach in Colts Neck can actually afford to live in Colts Neck. This ruling shows that the courts are willing to step in if COAH will not follow the rules," Gordon said.
atlanticville.gmnews.com/news/2007/0907/Front_Page/002.html
Long Branch-Colts Neck RCA in doubt
Appellate Court sends agreement back to COAH for review
BY CHRISTINE VARNO Staff Writer
An agreement that provided the city of Long Branch with funds to construct an affordable housing project is in question after an Appellate Court ruled that the matter be reconsidered by the state Council on Affordable Housing (COAH).
The Appellate Division of the New Jersey Superior Court decided Aug. 15 that a Regional Contribution Agreement (RCA) that would allow Colts Neck Township to transfer its affordablehousing obligation to the city of Long Branch does not comply with state regulations, according to an attorney with a nonprofit law firm that challenged the agreement.
The decision is "especially noteworthy," according to Adam Gordon of the Cherry Hillbased Fair Share Housing Center (FSHC) law firm, who said this case marks the first time a New Jersey court has ever invalidated an RCA.
"The court did not rule that all RCAs are illegal," Gordon said this week. "They ruled that this RCA is illegal. COAH is not following the rules set forth in the Fair Share Housing Act.
"I would hope that this will encourage COAH to adopt rules that would only approve RCAs that meet the requirements set in state law, rather than just approving every RCA," Gordon said.
Jacob L. Jones, Long Branch director of Community and Economic Development and Municipal Liaison officer, said Tuesday the RCA has not been invalidated.
"It was remanded," Jones said. "It was sent back to COAH for review. The RCAs have been very good for people in Long Branch.
"We have been able to provide new low- to moderate-income housing opportunities," he continued. "I am not saying that the advocacy group that initiated this lawsuit doesn't have a point. Every municipality should provide affordable housing.
The Long Branch Housing Authority (LBHA) received an estimated $975,000 from an RCA with Colts Neck to support the construction of 39 affordable-housing units at the authority's 40- unit Seaview Manor public housing complex on the corner of Seaview and Ellis avenues.
The FSHC appealed COAH's June 14, 2006, approval of the RCA, which would have fulfilled Colt Neck's obligation to provide 107 units of affordable housing by transferring $2.83 million to Long Branch to fund affordable-housing opportunities in the city.
"The Appellate Division sent a strong message: No longer can towns evade the law through bogus RCAs that serve only to exclude the working and middle-class families from New Jersey's most desirable towns," Gordon said in an FSHC press release.
"It is time for all of New Jersey towns to step up and do their fair share in providing opportunities so that all of our families can choose to live where they want."
An RCA allows a sending community, such as Colts Neck, to transfer up to half of its share of affordable-housing units to a receiving community, Long Branch, as long as it is within the same housing region.
Each community's fair share obligation of affordable housing is established by COAH.
But Gordon said his firm felt that COAH's approval of the Colts Neck/Long Branch RCA did not abide by state regulations.
"RCAs have to provide a realistic opportunity for affordable housing," he said. "The Seaview Manor units were counted twice. You can't count the same house twice. You can't promise the same unit to two people."
Gordon explained that he filed a lawsuit on July 31, 2006, in the state Superior Court appellate division claiming that Long Branch received credits for the same unit of housing twice.
The LBHA received state-funded low-income housing tax credits for units at Seaview Manor and then the agency received funds from Colts Neck for the same project, Gordon explained.
"So the state is counting the units with tax credits as meeting the need of its affordable housing obligations," Gordon said, adding, "And Colts Neck is counting the units as meeting its obligation. But the units were already counted."
Jones disagrees.
"The advocacy [firm] is saying it's double units," Jones said. "Often times when affordable housing is built, different agencies can receive credits to leverage other funds to fund the units. There are a number of resources, so the credits are shared.
"[FSHC] feels that two groups took credit for it," Jones said, adding, "But it is not unusual. This is nothing new."
The court agreed with the FSHC's assertion that COAH had credited 39 units in Long Branch twice, treating each unit as two affordable homes even though only one family could live in each, according to an FSHC press release.
"The state needs to stop playing games with affordable housing," Gordon said. "People actually need places to live in desirable towns like Colts Neck, not funny math counting one house as two."
Jones further comments that the RCA was not an overnight process.
"We worked at this for four to five years," he said. "We were given the full support from COAH."
Jones added that the city was fully aware of the lawsuit and did not accept any funds from Colts Neck until COAH and the Department of Community Affairs granted full approval.
"I just hope that somehow this is resolved," Jones said.
LBHA Executive Director Tyrone Garrett could not be reached for comment by deadline Wednesday.
The new Seaview Manor housing complex, which sits on 3 acres of land, broke ground on construction in November 2005 and was completed earlier this year.
The estimated $10.5 million project was funded through $8 million in state tax credits, a $220,00 federal Home Loan from the Bank of New York, loans from the New Jersey Department of Community Affairs and in-house funding from the authority, according to Garrett.
The complex currently houses 40 families and provides affordable, rental and townhouse style apartments, according to Garrett.
Although the RCA was rejected by the court, Gordon explained that the agreement has been remanded to COAH for reconsideration.
"The court ruled that the agency does have another chance to look at the RCA again, but the original approval was illegal," Gordon said.
"Colts Neck already paid Long Branch the money. I guess if they change the agreement around to fund another project, that could make another RCA between Long Branch and Colts Neck validated.
"I hope that Colts Neck just does the right thing and finds a way to provide affordable housing in Colts Neck," Gordon said.
Gordon further stressed that the importance of complying with affordable-housing obligations is to help create a state where people can afford to live.
"The median new home in Monmouth County is $810,000," Gordon said. "It is about whether we want a state that is affordable or just a place for the super rich to live.
"It is about whether teachers who teach in Colts Neck can actually afford to live in Colts Neck. This ruling shows that the courts are willing to step in if COAH will not follow the rules," Gordon said.