In re the Adoption of N.J.A.C.

Summary

The New Jersey Supreme Court grants the Council on Affordable Housing an extension to prepare and formally approve proposed Third Round Rules. The order establishes deadlines for publication, public comment, adoption, and transmission of the rules, and provides for possible enforcement relief if the rules are not adopted by the specified deadline. The Court vacates an Appellate Division order, retains jurisdiction to enforce its prior judgment, and dismisses the Council’s stay motion as moot.

Holdings

1. The Council on Affordable Housing was granted an extension to complete and formally approve proposed Third Round Rules, subject to specified deadlines for publication, public comment, adoption, and transmission of the adopted rules to the Office of Administrative Law.
2. If the Council did not adopt the Third Round Rules by November 17, 2014, the Court would entertain applications for relief, including a request to lift statutory protection for municipalities and permit case-by-case actions or builders-remedy challenges.
3. The Council's motion to stay the March 7, 2014 Appellate Division order was dismissed as moot.

Questions Presented

1. Whether the Council on Affordable Housing should receive an extension of the deadline to prepare and formally approve proposed Third Round Rules.
2. What conditions and schedule should govern the Council's extended rulemaking period.
3. Whether the Council's motion to stay the Appellate Division's March 7, 2014 order remained justiciable.
4. Whether the Appellate Division's March 7, 2014 order should remain in effect.

Disposition

other