New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A5402

Introduced
5/8/23  

Caption

Delays fourth round of affordable housing obligations, including present and prospective need and related litigation, until July 1, 2028.

Impact

The core intent of A5402 is to give municipalities additional time to better understand and address their housing obligations without the immediate pressure of impending litigation or compliance. The delay is seen as essential for a legislative response that provides a more rational basis for determining both regional needs and municipal responsibilities within the context of New Jersey's housing policy. This shift implies a legislative commitment to recalibrate the affordable housing system in a way that reflects the current economic realities facing municipalities.

Summary

Assembly Bill A5402 seeks to delay the commencement of the fourth round of affordable housing obligations in New Jersey, which was originally scheduled to begin in 2025. This delay extends the deadline for municipalities to meet these obligations until July 1, 2028. The bill is driven by the recognition of significant financial burdens already placed on municipalities to comply with affordable housing requirements, which have been confounded by the economic impacts of the COVID-19 pandemic and subsequent inflation affecting construction costs.

Contention

Notably, the bill does not adversely affect any legal judgments or court-ordered settlements related to housing obligations that were established before the mandated deadline of July 1, 2025. This provision aims to maintain stability in the legal landscape for municipalities that have already engaged in compliance activities. However, there will likely be debates surrounding the perception of delaying obligations and the potential consequences for individuals seeking affordable housing opportunities, as longer delays might exacerbate housing shortages.

Companion Bills

NJ S3739

Same As Delays fourth round of affordable housing obligations, including present and prospective need and related litigation, until July 1, 2028.

Previously Filed As

NJ A1277

Delays fourth round of affordable housing obligations, including present and prospective need and related litigation, until July 1, 2028.

NJ S3739

Delays fourth round of affordable housing obligations, including present and prospective need and related litigation, until July 1, 2028.

NJ S881

Delays fourth round of affordable housing obligations, including present and prospective need and related litigation, until July 1, 2028.

NJ S989

Imposes moratorium on affordable housing litigation until December 31, 2028.

NJ S392

Imposes moratorium on affordable housing litigation until December 31, 2028.

NJ S4065

Adjusts method of determining regional need for affordable housing; permits timeline extension for municipalities to determine and plan for adjusted fair share obligations based on revisions to regional need.

NJ A1278

Clarifies scope of affordable housing obligations.

NJ A441

Establishes "Subcommittee on Affordable Housing Needs" within "Joint Committee on Housing Affordability"; requires subcommittee to make determinations concerning affordable housing needs.

NJ A5277

Clarifies scope of affordable housing obligations.

NJ A5318

Reduces term of affordability required for affordable housing created through middle housing construction or conversion.

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