New Jersey Assembly Bill A2165

New Jersey 2022-2023 Regular Session

• Introduced: 2/7/22
• Refer: 2/7/22

Caption

Provides municipality with affordable housing credit toward its municipal fair share housing obligation for funds transferred to the New Jersey Affordable Housing Trust Fund pursuant to P.L.2008, c.46.

Impact

The bill modifies existing legislation, specifically P.L.2008, c.46, and brings about significant changes in how municipalities manage funds collected for affordable housing. Under the bill, municipalities will not be allowed to spend or commit any affordable housing development fees without prior approval from the council. Any funds that are not committed to expenditure within four years of collection must be transferred to the Affordable Housing Trust Fund, ensuring that these funds are used effectively to address the housing crisis in the state.

Summary

Assembly Bill A2165 is aimed at providing municipalities in New Jersey with affordable housing credits pertaining to their municipal fair share housing obligations. Specifically, the bill allows for municipalities that transfer funds—either from their development fee trust fund or from payments-in-lieu—to the New Jersey Affordable Housing Trust Fund to receive a corresponding housing credit. This credit is issued based on a formula established by the Council on Affordable Housing, directly proportional to the minimum per unit amount assigned to each housing region.

Contention

While supporters of A2165 argue that the bill will streamline the process for municipalities to meet their affordable housing obligations, critics raise concerns about the implications of centralization of authority. Opponents fear that requiring council approval for expenditures could slow down the deployment of necessary affordable housing resources. Additionally, there are apprehensions regarding the impact on local autonomy when municipalities are restricted in their financial decision-making specifically concerning affordable housing initiatives.