Gov. Chris Christie’s administration will not be able to claim nearly $200 million in affordable housing trust funds that it wanted to use elsewhere in budget, a state appeals court ruled Thursday.The decision is the latest chapter in Christie’s longstanding battle with the courts over the Council on Affordable Housing. In 2013, Christie unsuccessfully attempted to abolish the agency, which sets the parameters for the state’s affordable housing requirements, and has since largely rebuked the state Supreme Court on orders to establish new agency rules, or guidelines.

With COAH failing to set guidelines on when affordable housing trust funds can be seized, the court ruled that it will now be responsible for the disposition of those funds on a case-by-case basis.

“Despite the Legislature’s clear and unambiguous direction that the Council on Affordable Housing promulgate regulations defining when affordable housing trust funds are committed, and despite previously expressing its intention to comply with that command, COAH has failed and refused to adopt regulations, leaving municipalities in a morass of uncertainty while facing the prospect of an arbitrary seizure of affordable housing trust funds,” wrote Judge Clarkson Fisher, Jr.

Attorney Kevin Walsh argued the appeal for the Fair Share Housing Center.

“Towns and non-profits throughout the state can now move ahead with plans to build homes we need,” said Walsh. “Thousands of homes will be built and rehabilitated using these funds. Waitresses in New Jersey’s diners, people who work in malls, daycare teachers and people who need supportive housing can all breathe easier because money used to help make homes more affordable won’t be taken.”

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