After a week of orders and stays by the New Jersey Supreme Court and the Superior Court of New Jersey, Appellate Division, the New Jersey Supreme Court, in an order issued this afternoon, has set forth a definitive schedule and process which COAH must follow in proposing and adopting its Third Round Rules, in accordance with the New Jersey Supreme Court’s September 26, 2013 decision in In Re N.J.A.C. 5:96 and 5:97, 215 N.J. 578 (2013). These Rules will be adopted by November 17, 2014 and will utilize the methodology of the First and Second Round Rules. They will, thus, not use a growth share methodology.

The key points of the Supreme Court’s Order are as follows:

• COAH shall prepare and approve proposed Third Round Rules by May 1, 2014.
• COAH shall publish these Rules in the June 2, 2014 issue of the New Jersey Register.
• The comment period on the Rules shall extend to August 1, 2014.

• COAH shall hold a public hearing on the Rules if a request is made for a hearing within thirty days of the publication of the proposed Rules.
• COAH shall adopt the Rules by October 22, 2014.
• COAH shall publish its notice of its adoption of the Rules in the November 17, 2014 issue of the New Jersey Register.
• If COAH fails to follow the above schedule, the Supreme Court will entertain motions in aid of litigants rights, including a request to lift the protection of municipalities from “builder’s remedy” lawsuits afforded by the Fair Housing Act.
• The Supreme Court is retaining jurisdiction over all future applications to enforce its decision in In Re N.J.A.C. 5:96 and 5:97.

Kevin Moore is Chair of the Sills Cummis & Gross P.C. Land Use Practice Group and represented NAIOP before both the New Jersey Supreme Court and the Appellate Division in In Re N.J.A.C. 5:96 and 5:97.