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?

A: The Court gave COAH five months to adopt new regulations to promote growth in affordable housing in all towns across the state in order to meet current and future need.  The Court also hinted that the Legislature needs to amend existing fair housing laws to permit new ways of addressing regional affordable housing needs.

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.