New Jersey Assembly Bill ACR18

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Clarifies housing rights of State residents under State Constitution and prohibits laws requiring municipalities to provide housing opportunities through zoning and land use regulations.

Impact

If passed, ACR18 would significantly impact state law by alleviating municipalities from existing obligations under the Mount Laurel rulings that had mandated certain levels of affordable housing. Instead, it asserts that no state law shall require any municipality to create or fund housing opportunities for residents of various income levels, thereby potentially reducing the pressure on local governments to implement mixed-income housing policies. This could result in long-term changes in how municipal zoning ordinances are structured and enforced.

Summary

ACR18 is a concurrent resolution introduced in the New Jersey Legislature that proposes amendments to the state constitution concerning housing rights. The bill aims to clarify that while individuals possess natural rights including property rights, the state is not obligated to ensure the availability of housing for all income levels across all municipalities. Specifically, it seeks to remove any mandates that require municipalities to provide housing options through zoning and land use regulations. This legislative initiative reflects a significant shift in the state's approach to housing policy.

Contention

The resolution has raised notable points of contention. Proponents argue that it enhances local control by allowing municipalities greater autonomy in deciding how to manage land use without state intervention. They assert that removing the affordable housing requirement will prevent overreach and enable municipalities to tailor their zoning laws to better fit local needs. Conversely, opponents are concerned that this legislative change could exacerbate housing inequality and limit the availability of affordable housing options, particularly for lower-income families. Critics argue that the absence of state mandates could lead to increased housing shortages and further marginalization of vulnerable populations.