New Jersey Assembly Bill ACR25

New Jersey 2022-2023 Regular Session

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

Caption

Proposes amendment to New Jersey Constitution to prohibit exclusionary zoning and clarify municipal obligations regarding affordable housing construction.

Impact

This legislative proposal has the potential to reshape the landscape of local zoning laws in New Jersey. By effectively nullifying the Mount Laurel doctrine, which historically mandated that municipalities provide affordable housing, ACR25 seeks to alleviate the burden of forced construction of specific housing projects while simultaneously addressing the issue of exclusionary practices. This shift may result in a decrease in the litigation surrounding municipal housing obligations, as towns will not face the necessity to create specific projects in response to court orders.

Summary

ACR25 proposes an amendment to the New Jersey Constitution aimed at prohibiting exclusionary zoning practices by municipalities. The bill articulates that the Legislature may enact laws allowing municipalities to regulate land use while explicitly banning any zoning that would prevent the development of housing for low and moderate-income residents. Significantly, the amendment does not impose an obligation on municipalities to construct affordable housing but seeks to clarify their zoning authority to avoid discrimination in housing availability.

Contention

The amendment has sparked debates among various stakeholders regarding its implications. Supporters argue that it opens up opportunities for fairer housing practices and alleviates financial pressure on municipalities. Critics, however, contend that it could worsen the shortage of affordable housing by allowing towns to sidestep their responsibilities toward addressing housing equity. The discussions surrounding ACR25 highlight the balance that must be struck between local control and the need for inclusive housing solutions in a continuously changing demographic landscape.