New Jersey Senate Bill S4251

New Jersey 2022-2023 Regular Session

• Introduced: 12/21/23
• Refer: 12/21/23

Caption

Reforms municipal responsibilities concerning provision of affordable housing; abolishes COAH; appropriates $16 million.

Impact

The bill represents a significant shift in how affordable housing responsibilities are managed at the municipal level. By abolishing COAH, it transfers the power to calculate housing obligations to local governments in consultation with appointed special masters. This new framework is intended to provide municipalities with increased flexibility in addressing their affordable housing needs while simultaneously enforcing compliance with the 'Fair Housing Act'. The act provides specific deadlines for municipalities to establish a housing element and a fair share plan to secure immunity from builder's remedy lawsuits, which could compel municipalities to allow more development if they fail to comply.

Summary

S4251 is a legislative reform aimed at revising the municipal responsibilities related to affordable housing in New Jersey. The bill abolishes the Council on Affordable Housing (COAH) and establishes a new framework for municipalities to calculate and meet their affordable housing obligations. Under this act, municipalities will now determine their fair share of housing obligations based on calculations provided by three court-appointed obligation special masters across different regions of the state. This change is anticipated to streamline the process and reduce the administrative burden previously associated with compliance under COAH's framework.

Contention

While proponents of the bill argue that this reform will foster more effective and localized decision-making regarding affordable housing, critics express concerns over the potential loss of oversight that COAH previously provided. They argue that without a central governing body, discrepancies in how municipalities address housing obligations could widen, leading to imbalances in housing availability. The bill also includes provisions for ongoing monitoring and dispute resolution, allowing external parties to challenge municipal plans, which may address some of these concerns but creates an additional layer of complexity in the implementation process.