Amendments to the NJ Fair Housing Act enacted in July 2008 (N.J.S.A. 52:27D-329.2 and -329.3) require each municipality to spend or commit to expend development fees or payment-in-lieu of construction fees in its affordable housing trust fund within four years of the date of collection.  The Act goes on to specify that a municipality that fails to spend or commit to expend development fees or payment-in-lieu fees within four years of the date of collection must transfer the remaining unspent balance at the end of the four-year period to the "New Jersey Affordable Housing Trust Fund."

On May 1, 2013, COAH adopted Resolution #2013-1, which established a process for the statutorily mandated transfer of certain affordable housing trust funds.  On May 1, 2013, COAH sent a letter to municipalities in furtherance of that process.  On May 13, 2013, the Appellate Division stayed the Council from implementing that Resolution.  Accordingly, all requests for information or transfer of funds contained in those letters is suspended.