Q&A: Individuals with Disabilities Win Legal Victory for Obtaining Affordable Housing By: Hinkle, Fingles & Prior, P.C.

A recent decision handed down by the New Jersey Supreme Court continues to support the creation of affordable housing for individuals with disabilities. This decision is a victory for individuals with disabilities. 

Q: What did the Court say?

A: New Jersey’s Council on Affordable Housing (“COAH”) was established to ensure each town creates its “fair share” of affordable housing for people with disabilities as well as for people with very limited income.  COAH was required to establish a system for determining the percentage of affordable housing units each town must construct.  The system proposed by COAH, known as “growth share,” would only require towns to create additional affordable housing if they build new properties. 

The Supreme Court said this proposed system violates the law, because towns can avoid creating additional affordable housing simply by not building any new properties.  The Court rejected this proposal because it would allow towns to satisfy their affordable housing obligations without providing any actual new low cost housing for individuals with disabilities.

Q: What are the fair share housing rights for people with disabilities?

A: Many individuals with disabilities need affordable housing, because often, their only monthly income is limited to what is provided by the Social Security Administration.  Often, these benefits range between $500-700 per month. In some cases, the amount provided can be higher, but still very modest.  As a practical matter, the Social Security check received by a person with a disability is almost always far less than the average cost of renting an apartment in New Jersey.   

Under the Fair Housing Act (“FHA”) and related laws, towns have a constitutional duty to create a fair share of housing for individuals with disabilities and low- to moderate-income residents.  These laws were made to stop towns from using zoning laws as a way to prevent people with disabilities and low-income individuals from living in their towns.

Q: What are the next steps?

As this issue continues to develop, we will provide updates in future editions of our blog, on our website (www.hinkle1.com) and through our Facebook page (https://www.facebook.com/HinkleFinglesPrior).

The articles provided on this blog are for your information and may be reprinted in publications, however copyrights cited for each apply. Each reprint must include the author's name and contact information for Hinkle, Fingles & Prior, Attorneys at Law as follows:

Hinkle, Fingles, & Prior, P.C., Attorneys at Law is a multi-state law practice with offices in Lawrenceville, Cherry Hill, Florham Park, Wall, and Paramus, New Jersey, and Plymouth Meeting and Bala Cynwyd, Pennsylvania. The firm's partners and associates lecture and write frequently on topics of elder law, estate planning, special needs trusts, guardianship, special education, health care insurance & Medicaid, and accessing adult services, and are available to speak to groups in New Jersey and Pennsylvania at no charge. For more information, visit http://www.hinkle1.com/ or call (609) 896-4200, or (215) 860-2100.