New Jersey Senate Bill S204

New Jersey 2022-2023 Regular Session

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

Caption

Reforms procedures concerning provision of affordable housing; repeals "Statewide Non-Residential Development Fee Act."

Impact

The reform aims to foster more effective compliance with the Fair Housing Act by simplifying the previous, complex regulations that many municipalities found challenging to navigate. The DCA will now handle all aspects previously under COAH's jurisdiction, making it a central figure in evaluating a town's housing plans and designating official inclusionary statuses. This shift is presumed to yield a more efficient process in increasing affordable housing stock in various communities while also relieving some of the burdens towns faced under the old system.

Summary

Senate Bill S204 revises New Jersey's affordable housing regulations, primarily shifting the administrative responsibilities from the now-dissolved Council on Affordable Housing (COAH) to the Department of Community Affairs (DCA). This legislation seeks to streamline the state's approach to ensuring the availability of affordable housing by establishing clearer requirements for municipalities. The bill proposes that cities maintain at least 7.5% of their total housing stock as price-restricted and aligns inclusionary zoning practices with a simpler mandate, which is to set aside 10% of new residential developments for affordable housing.

Contention

However, the bill has sparked debate regarding its potential implications on local governance. Critics express concerns that the removal of COAH could lead to diminished local control over housing regulations, hindering municipalities from addressing specific local needs. Thus, while the bill simplifies requirements, opponents argue that it may overlook unique demographic and economic conditions of individual towns, thereby exacerbating issues of accessibility and equity in housing availability.