Housing center brought actions in lieu of prerogative writs seeking declaratory and injunctive relief against city zoning board and private developers, seeking compliance with city’s affordable housing ordinance. The Superior Court dismissed with prejudice housing center’s complaints. Housing center and city appealed. Appeals were consolidated.
The Superior Court, Appellate Division, held that:
- Neither Fair Housing Act (FHA) nor regulations promulgated by Council on Affordable Housing (COAH) pursuant to FHA required municipality to submit all ordinances impacting municipality’s affordable housing obligation to COAH for approval, and
- Provisions in ordinance allowing for voluntary payments in lieu of compliance with ordinance’s affordable housing requirements did not require approval of COAH under FHA or regulations promulgated by COAH as condition of enforcement.