New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A794

Introduced
1/11/22  

Caption

Requires developers of residential housing to provide low, moderate, and middle income housing or pay fee.

Impact

The bill establishes a structured approach wherein a developer must complete affordable units in relation to the progress of market rate housing. For instance, if more than 25% of market rate units are completed, a minimum of 10% of the affordable units must also be completed, scaling up to 100% as market rate completion nears 90%. A key provision allows municipalities to withhold certificates of occupancy for market rate units until the affordable housing components are satisfied, reinforcing compliance with the bill’s requirements.

Summary

Bill A794 aims to enhance affordable housing provision in New Jersey by mandating that developers of residential projects with 30 or more units reserve significant portions of their units for various income categories, including very low, low, moderate, and middle income housing. Specifically, the bill requires that at least 25% of the housing units within these projects be set aside for these income categories, with prescribed percentages allocated for each type. This initiative intends to address the ongoing housing affordability crisis by ensuring that developers contribute to the housing supply accessible to low- and middle-income families.

Contention

Debates surrounding A794 reflect concerns on both sides. Proponents advocate that this bill is a necessary step towards ensuring housing equity, compelling developers to meet the growing demand for affordable housing. They argue that without such legislative measures, the problem of housing scarcity for low-income populations may persist or worsen. Conversely, critics express apprehensions that the mandated affordability requirements might discourage new residential developments, as developers may find these provisions financially burdensome, potentially leading to reduced overall housing availability amidst New Jersey's increasing demand for residential spaces.

Overall_effect

Additionally, the bill permits municipalities the option to collect development fees instead of directly constructing affordable units, with thresholds set at 30% of the total project cost or a reduced fee if environmental standards are met. Revenue generated through these fees is to be allocated for community centers or the creation of affordable housing, which is seen as a dual benefit amidst infrastructure and housing challenges. Thus, A794 reflects a comprehensive approach to fostering affordable living spaces while addressing local community development needs.

Companion Bills

No companion bills found.

Similar Bills

NJ S3116

Concerns affordable housing requirements and incentivizes development of single family housing with tax credits for developers.

HI HB422

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CA SB51

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CA AB1038

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CA AB874

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CA SB959

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CA AB890

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CA AB199

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