In In re Plan for the Abolition of the Council on Affordable Housing, 424 N.J. Super. 410 (App. Div. 2012), the Appellate Division held that Governor Christie could not unilaterally abolish the Council on Affordable Housing, which had been created by the Legislature in the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. It was instantly clear that the case would go to the Supreme Court, so much so that this blog did not do an analysis of Judge Carchman’s opinion for the panel, since the Supreme Court would inevitably have the final word. Now the Court has confirmed that it will address this potentially momentous separation of powers issue.
The decision in this case could be, for the next Term, the blockbuster separation of powers case that DePascale v. New Jersey , the judges’ pension case, might be for the current Term. As phrased by the Supreme Court Clerk’s Office, the question presented is “Pursuant to the Executive Reorganization Act of 1969, N.J.S.A. 52:14C-1 to -11, may the Governor abolish the Council on Affordable Housing, an independent agency that was created by the Legislature through the enactment of the Fair Housing Act, N.J.S.A. 52:27D-301 to -329, and transfer the duties, responsibilities and obligations of that agency to the sole authority of the Commissioner of the Department of Community Affairs?”