Fair Housing Act – New Legislation

Date: Apr 25, 2024 9:00 a.m. – 12:00 p.m.

Location: New Jersey Law Center, and Online

Member Price: $159

Non-Member Price: $199

Section Price: $149

Event Code: I145924

Areas of Law: Land Use, Local Government

Earn up to 3.3 credits, including 0.6 in Ethics! (More Information)

Faculty

Keynote

Moderator

Henry L. Kent-Smith, Esq.
Fox Rothchild LLP, Lawrenceville

Presenters

Hon. Peter A. Buchsbaum, JSC (Ret.)
Lanza & Lanza LLP, Flemington
Joshua D. Bauers, Esq.
Fair Share Housing Center, Cherry Hill
Christine Cofone, PP
Cofone Consulting Group, Red Bank
Michael J. Edwards, Esq.
Surenian Edwards, Buzak & Nolan LLC, Point Pleasant Beach
Elizabeth J. Hampton, Esq.
Fox Rothschild LLP, Lawrenceville
Richard J. Hoff, Jr., Esq.
Bisgaier Hoff LLC, Haddonfield
David N. Kinsey, FAICP
Kinsey Hand Planning, Princeton
Kendra Lelie, PP, LLA
Kyle + McManus Associates, Hopewell
Graham Petto, PP
Topology, Newark
Creigh Rahenkamp, PP, AICP
Creigh Rahenkamp & Associates, Riverton

On March 20, Gov. Phil Murphy signed new legislation designed to make housing more affordable and more accessible for working families all across New Jersey. Issues connected with affordable housing cut across many areas of law. Inability to find housing becomes an obstacle to meeting conditions of parole, regaining custody of children and success on pre-trial release. 

For New Jersey municipalities, the affordable housing compliance process was previously decided through lengthy and complex litigation in New Jersey courts between municipalities, public interest groups, landowners and developers. The law creates a new, streamlined process for how municipal housing obligations are calculated, when municipalities need to complete their compliance filings and procedures, when challengers need to file their respective filings, and how disputes between adverse parties in these matters are handled. Additionally, the law abolishes the Council on Affordable Housing (COAH) which previously presided over statewide affordable housing matters.

This seminar is designed by legal and municipal planning experts to set forth the changes made by the new affordable housing legislation and the expectations for implementation. The panel will help you navigate your way through the procedures provided by the new statute and prepare you for what to expect in advance of the fourth round scheduled to start in July 2025. If you represent commercial developers, municipal agencies, municipal planners or anyone connected with housing in New Jersey, you won’t want to miss this up-to-the-minute seminar with information you will immediately be able to put to use in your practice.

Join us for in-depth and practical panel discussions to include:

  • What is the new affordable housing legislation?
  • Why was the new law passed, and why is it controversial?
  • What are the new review processes and timelines?
  • How is the new law going to be implemented?
  • What are the changes to the fair share obligations?
  • What do the changes mean to the Fair Share Housing Center and developers?
  • What are the practical concerns for municipal planners?
  • Is there sufficient professional depth in the community to manage this transition? and
  • What former conflicts will persist, what new ones will arise and who will resolve them?

Program agenda:

  • 9:00 | Overview
  • 9:05 | Panel 1: Legal Process for the Fair Housing Act and Legislated Changes
    - Hon. Peter A. Buchsbaum, JSC (Ret.); Joshua D. Bauers, Esq.; Michael J. Edwards, Esq.; Elizabeth J. Hampton, Esq.; Richard J. Hoff, Jr., Esq.

    Our panelists will discuss the various perspectives on why the bill was passed by the legislature. They will also share their thoughts on the legislative intent, risks, benefits, or limitations, and why the legislation is controversial. 
  • 10:00 | Panel 2: Planners to discuss the Housing Element/Fair Share Plan Planning Process ­ - Christine Cofone; David N. Kinsey, FAICP; Kendra Lelie, PP, LLA; Graham Petto, PP; Creigh Rahenkamp, Esq.

    What are the practical concerns of planning for the Fourth Round under the new law? How might those concerns and timelines be affected by the lack of planning professionals? There are only so many planners and attorneys in the state that know how to manage this process. Are there enough planners, attorneys and judges who can carry this new legislation through with the required expertise and institutional knowledge? What do we see are the problems for municipalities and planning professionals? This law contains an aggressive timeline, yet who will be the Special Masters? Who will serve as the mediators?  The panel will discuss possible conflicts that arise as a consequence of the new legislation.
  • 11:00| Break
  • 11:10| Panel 3: Combined panel to discuss your view of the new legislation and opportunities and pitfalls the new process will create for the Fourth Round (includes an ethics discussion) - All panelists
  • 11:55 | Summary and Q&A - All panelists
  • 12:00 | Adjourn

CLE Credits
NJ CLE:NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 3.3 hours of total CLE credit, including 0.6 in Ethics (Full Credits Available: NJ Ethics: 0.6, NJ General: 2.7).
NY CLE (t&nt):NY Ethics Non-Transitional: 0.5, NY Professional Practice Non-Transitional: 2.5
PA CLE:PA Ethics Credit: 0.5, PA Substantive Credit: 2.0
New: No PACLE fee is required for this program. To earn PA CLE credits, a valid PA Bar ID number must be entered into the CLE form provided after attending the program.

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