New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A5277

Introduced
2/28/23  

Caption

Clarifies scope of affordable housing obligations.

Impact

The bill modifies existing regulations to ensure that municipal compliance is strictly bound to current and anticipated needs for affordable housing, as opposed to past requirements that may no longer be relevant or applicable. By limiting the responsibilities set upon municipalities, the bill aims to prevent overwhelming local governments with additional housing obligations that could arise from a perceived retrospective need. This change fosters a more manageable framework for local planning and development, allowing municipalities to focus on realistic implementation strategies aligned with actual demands for affordable housing.

Summary

Bill A5277, introduced in the New Jersey Legislature, aims to clarify the scope of affordable housing obligations by amending the Fair Housing Act, specifically addressing the conditions under which municipalities are required to provide low and moderate-income housing. The bill seeks to eliminate any misconceptions regarding the obligation of municipalities to account for housing needs based on both present and prospective requirements, rather than retrospective needs from a period deemed as a 'gap'. This adjustment comes in response to judicial interpretations that have led municipalities to potentially overextend their housing obligations based on historical requirements.

Contention

Despite its intentions, the bill has generated debate among stakeholders, particularly those advocating for affordable housing. Critics argue that by confining municipalities to prospective needs, the bill could undermine efforts to rectify historical inequities in housing access. There are concerns that this could limit the production of affordable housing units that address longstanding deficiencies prompted during previous housing cycles. Proponents, however, contend that the measure will bring necessary clarity and stability to municipal planning efforts, relieving potential burdens associated with expansive past interpretations of housing obligations.

Companion Bills

NJ S3738

Same As Clarifies scope of affordable housing obligations.

Previously Filed As

NJ S3738

Clarifies scope of affordable housing obligations.

NJ A1278

Clarifies scope of affordable housing obligations.

NJ S880

Clarifies scope of affordable housing obligations.

NJ S622

Requires COAH to administer affordable housing obligations of municipalities based on Statewide obligation.

NJ S2104

Requires COAH to administer affordable housing obligations of municipalities based on Statewide obligation.

NJ A247

Requires COAH to calculate affordable housing obligations on Statewide basis.

NJ A969

Requires COAH to calculate affordable housing obligations on Statewide basis.

NJ S604

Requires COAH to calculate affordable housing obligations on Statewide basis.

NJ S2088

Requires COAH to calculate affordable housing obligations on Statewide basis.

NJ A245

Requires COAH to administer affordable housing obligations of municipalities based on statewide obligation.

Similar Bills

NJ S3738

Clarifies scope of affordable housing obligations.

NJ A1278

Clarifies scope of affordable housing obligations.

NJ S880

Clarifies scope of affordable housing obligations.

NJ A259

Provides procedures for crediting certain dwellings used by agricultural workers in determination of municipality's fair share housing obligation.

NJ A2166

Provides procedures for crediting certain dwellings used by agricultural workers in determination of municipality's fair share housing obligation.

NJ S139

Authorizes COAH to credit municipalities with 1.5 units of fair share affordable housing obligation for each unit of transitional housing occupied by a veteran.

NJ S2312

Authorizes COAH to credit municipalities with 1.5 units of fair share affordable housing obligation for each unit of transitional housing occupied by a veteran.

NJ S140

Authorizes COAH to credit municipalities with 1.5 units of fair share affordable housing obligation for each housing unit occupied by a veteran; permits municipalities to satisfy fair share affordable housing obligation through 35 percent set aside for veterans.