In the Matter of the Adoption of N.j.a.c. 5:96 and 5:97 by New Jersey Council on Affordable Housing (067126)

Summary

The Supreme Court dissolved the Fair Housing Act’s exhaustion‑of‑administrative‑remedies requirement because COAH failed to adopt the required Third Round Rules, and authorized the courts to serve as the forum of first instance for reviewing municipal compliance with Mount Laurel obligations. The Court also instituted a transitional process governing declaratory‑judgment and constitutional‑compliance actions, including limited periods of immunity for municipalities.