Chester Ready For COAH Trust Fund Raids

Courts ruled last Friday morning that Gov. Chris Christie does not have the authority to empty the trust funds of municipalities participating in the Council on Affordable Housing Program.

According to the Mayor's of both Chester Township and Chester Borough, the ruling would not have an impact.

"We have taken care of our funds," said Chester Township Mayor Bill Cogger. "There will be no finds for the state to take."

Over in Chester Borough, Mayor Bob Davis is not altering anything based on the state ruling.

"Chester Borough is not changing its course because the ruling is a temporary condition," Davis said. "At this time, Chester Borough is waiting on COAH to approve the Boro spending plan before we move forward with implementing the contracts we have in place."

The state, as part of the 2008 reform, . According to the state Department of Community Affairs, there was $169 million in unspent affordable housing money sitting in local trust funds as of April 4 of this year.

Now, the State Superior Court has granted an injunction, applying to all participating New Jersey municipalities, stating Gov. Chris Christie has no authority to ask municipalities to empty COAH trust funds, and such an order must come from COAH itself.

Friday's decision stated the Acting Executive Director of COAH did not send the letters or approve the demand for trust fund money, therefore the request reached beyond the authority of the governor. Any funds that were turned over to the state by municipalities must be returned.

"The governor has overstepped his proper role again," said Kevin D. Walsh, an attorney with Fair Share Housing Center in a news release. "The law entrusts the independent COAH Board with the power to implement the Fair Housing Act. The governor is not a king. He has to comply with the laws on the books."

In March, , saying the governor lacked authority to abolish an independent agency.

Hornik said he doesn't believe COAH will order a meeting to authorize staff to pull money from municipalities. 

"The governor called for the dissolution of COAH and currently the state is in court litigating that matter," Hornik said. "It would be hypocritical to call for the dissolution of an entity, and then ask for that entity to meet in order to reach a goal of taking money from the towns."

Hornik added, "The governor has put himself in a very difficult position."