In Re Plan for the Abolition of the Council on Affordable Housing and Providing for the Transfer of the Functions…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division’s judgment that the Governor lacked authority under the Executive Reorganization Act to abolish the Council on Affordable Housing (COAH) because COAH is an "in, but not of" independent agency and thus outside the Act’s scope. The Court held that abolition of such agencies requires new legislation enacted by both the Legislature and the Governor. Justice Patterson dissented, arguing that the Act does permit abolition of "in, but not of" agencies.