New Jersey Senate Bill S601

New Jersey 2022-2023 Regular Session

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

Caption

Authorizes municipal challenge to non-redevelopment housing projects ordered by COAH unless order is based on exclusionary zoning; excludes flood-prone land from affordable housing vacant land analysis; provides housing obligation cap.

Impact

The bill establishes a cap on the number of affordable housing units a municipality must assume based on its population size. Presently, municipalities must address an average of 1,000 low and moderate income units within ten years unless a municipality is found capable of supporting more units through its zoning laws. This new cap limits any potential increase in a municipality’s population by more than five percent due to new housing obligations. This limitation is designed to prevent the overwhelming impact on smaller communities that could arise from large numbers of new developments.

Summary

Senate Bill S601 amends New Jersey's affordable housing regulations, allowing municipalities to challenge orders from the Council on Affordable Housing (COAH) regarding non-redevelopment housing projects. A municipal challenge would succeed unless the order is supported by evidence of exclusionary zoning practices occurring in the municipality at the time. This provision aims to give local governments more control over housing development, particularly on undeveloped land, which has been a point of contention in the state’s housing strategy.

Contention

A significant aspect of S601 is its exclusion of flood-prone land from calculations of a municipality's available land for affordable housing. This includes land below flood elevation standards and property designated near critical water sources as stipulated by the Department of Environmental Protection. The exclusion aims to align housing development with environmental safety, but may raise concerns among stakeholders who argue that it could limit available sites for needed housing developments, particularly in regions with limited land options.