NJ Town Bristles at Affordable Housing Requirements

'It stinks,'says Mayor John Hipp of Rutherford, New Jersey, as his town struggles to fulfill its requirements for affordable housing. The planning board has reluctantly agreed to require affordable units in a previously planned redevelopment site.

1 minute read

November 10, 2008, 9:00 AM PST

By Tim Halbur


"Both time and land are running out for Rutherford when it comes to meeting the state's Council on Affordable Housing guidelines. A zoning plan that provides for 114 additional affordable units is due at the COAH office by Dec. 31. And, only about five acres of possibly suitable land remains in Rutherford, west of Route 17.

The requirements are a serious issue, because the state Supreme Court has ruled that municipalities have a constitutional obligation to provide affordable housing opportunities in their zoning plans. The series of rulings, know as the Mount Laurel decisions, were initiated in 1975. COAH was created in 1985 to help municipalities meet the court-established obligation.

If Rutherford doesn't receive COAH approval for its affordable housing plan, it faces a gamut of legal consequences.

'The affordable housing card is often one that's played by developers who are disgruntled,' said Fred Heyer from Heyer, Gruel & Associates, the borough's planning firm. 'Even really terrible things get approved by the courts as a result of non-compliance.'"

Friday, November 7, 2008 in The Leader

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

U-Haul truck on road with blurred grassy roadside in background.

Americans May Be Stuck — But Why?

Americans are moving a lot less than they once did, and that is a problem. While Yoni Applebaum, in his highly-publicized article Stuck, gets the reasons badly wrong, it's still important to ask: why are we moving so much less than before?

March 27, 2025 - Alan Mallach

High-rise apartment buildings in Waikiki, Hawaii with steep green mountains in background.

Study: Maui’s Plan to Convert Vacation Rentals to Long-Term Housing Could Cause Nearly $1 Billion Economic Loss

The plan would reduce visitor accommodation by 25,% resulting in 1,900 jobs lost.

April 6, 2025 - Honolulu Civil Beat

Rusty abandoned oil well and equipment with prickly pear cactus next to it in West Texas.

Using Old Oil and Gas Wells for Green Energy Storage

Penn State researchers have found that repurposing abandoned oil and gas wells for geothermal-assisted compressed-air energy storage can boost efficiency, reduce environmental risks, and support clean energy and job transitions.

March 31, 2025 - Pennsylvania State University

Rendering of proposed greenway design for downtown San Diego street.

San Diego Swaps Parking Lane for Kid-Friendly Mini Park

The block-long greenway will feature interactive play equipment and landscaping.

April 7 - The San Diego Union-Tribune

Oil well on hilltop in Los Angeles with city neighborhoods in background.

Tracking the Invisible: Methane Leaks From LA’s Neighborhood Oil Sites

Environmental advocates are using infrared technology to monitor and document methane leaks from neighborhood oil sites, filling regulatory gaps and pushing for stronger protections to safeguard community health and the climate.

April 7 - LAist

Downtown Billings, Montana with mountains in background.

Montana Bill Promotes Parking Reform

A bill before the Montana state senate would bar cities from requiring more than one parking spot per new housing unit.

April 7 - Montana Free Press