New Jersey Assembly Bill ACR28

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Proposes constitutional amendment to provide that only Legislature may determine affordable housing obligations.

Impact

The timing and legislative discussion surrounding ACR28 highlight its potential to reshape the state's approach to affordable housing. Previously, the New Jersey Supreme Court held that it was the court's responsibility to ensure compliant affordable housing as mandated by the state constitution. The amendment, if passed, would place this responsibility wholly in the hands of lawmakers, effectively centralizing the decision-making process concerning housing obligations and potentially altering how local municipalities handle housing issues. This could lead to a more uniform approach to affordable housing across the state, eliminating the variability seen in local mandates.

Summary

ACR28 is a proposed amendment to the New Jersey Constitution that seeks to transfer the authority to determine affordable housing obligations exclusively to the Legislature. Specifically, the amendment stipulates that only the Legislature can set the number of affordable housing units needed in the state, decide how to meet those needs, and impose consequences for noncompliance. As part of the proposed changes, courts would no longer have the ability to mandate towns to construct affordable housing, a shift that marks a significant change in the governance of housing policy in New Jersey.

Contention

Proponents of ACR28 argue that this amendment is a necessary and prudent step toward providing clarity and coherence in housing policy, suggesting that leaving such determinations solely to the Legislature can streamline the process and reduce litigation. However, opposition may arise from advocates who fear that such centralization could diminish local governance and responsiveness to specific community needs. Critics also express concern that removing judicial oversight for housing mandates may lead to under-provision of affordable housing, limiting opportunities for vulnerable populations.

Notable_points

Given the context of existing New Jersey judicial frameworks, where courts have played an active role in enforcing housing laws, ACR28 represents a fundamental shift in policy-making dynamics. The resolution's passage would not only change the mechanism by which housing needs are assessed but could also be seen as a move towards reducing judicial influence in areas typically governed by localized standards. The outcome of this proposed amendment will likely be a significant point of discussion leading up to the next general election, as it directly involves the voters' input on matters affecting their communities.