New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A5490 Compare Versions

Only one version of the bill is available at this time.

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1	1	ASSEMBLY, No. 5490 STATE OF NEW JERSEY 221st LEGISLATURE INTRODUCED MARCH 20, 2025
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3	3	ASSEMBLY, No. 5490
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5	5	STATE OF NEW JERSEY
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7	7	221st LEGISLATURE
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11	11	INTRODUCED MARCH 20, 2025
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15	15	Sponsored by: Assemblyman JOHN V. AZZARITI JR., M.D. District 39 (Bergen) SYNOPSIS "Closing the Segregated Housing Loophole Act"; prohibits segregation in affordable housing inclusionary developments. CURRENT VERSION OF TEXT As introduced.
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19	19	Sponsored by:
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21	21	Assemblyman JOHN V. AZZARITI JR., M.D.
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23	23	District 39 (Bergen)
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33	33	SYNOPSIS
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35	35	"Closing the Segregated Housing Loophole Act"; prohibits segregation in affordable housing inclusionary developments.
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39	39	CURRENT VERSION OF TEXT
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41	41	As introduced.
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45	45	An Act prohibiting segregation in certain inclusionary developments and supplementing chapter 27D of Title 52 of the Revised Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. This act may be cited as the "Closing the Segregated Housing Loophole Act." 2. The Legislature finds and declares that: a. The State of New Jersey is committed to promoting fair and equal housing opportunities for all residents; b. Segregation in housing is a present issue in New Jersey, undermining the principles of fair and equal housing opportunities and contributing to racial and economic disparities within the State; c. Municipalities have a responsibility to ensure that all residents have access to fair and equal housing opportunities; and d. The federal "Fair Housing Amendments Act of 1988," Pub.L.100-430 (42 U.S.C. ss.3601 et seq.), and the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.), prohibit discrimination in the sale, rental, and financing of housing, but further action is needed to address the issue of segregation in affordable housing developments that contain both market-rate and affordable units. 3. a. An inclusionary development, as defined in subsection f. of section 4 of P.L.1985, c.222 (C.52:27D-304), containing both market-rate and low- and moderate-income units, shall not discriminate in the provision of housing opportunities on the basis of race, color, religion, sex, or national origin, or on the basis of any other classification for which discrimination is prohibited pursuant to subsection g. of section 11 of P.L.1945, c.169 (C.10:5-12). b. A developer of an inclusionary development may not create separate entrances, amenities, or other features that segregate residents based on whether a resident occupies an income-restricted unit, or other characteristics protected pursuant to P.L.1945, c.169 (C.10:5-1 et seq.). c. A municipal governing body, an approving authority, defined pursuant to section 3 of P.L.1975, c.291 (C.40:55D-3), or a zoning officer, shall not approve an application for development for an inclusionary development that violates subsection b. of this section. d. A municipality that approves a housing development that violates subsection b. of this section shall be subject to penalties and enforcement mechanisms to be established by the Commissioner of Community Affairs. The Commissioner of Community Affairs shall establish mechanisms that include, but shall not be limited to, the provision of authority: (1) to an interested party to file a complaint with the Department of Community Affairs, alleging that development plans have been approved, or a developer is building, a development in violation of this section; and (2) to the department to investigate a complaint submitted by an interested party, and to require the violation to be corrected. e. A unit existing within a new, pending, or proposed inclusionary development found to violate subsection b. of this section, shall not be counted towards a municipality's fair share affordable housing obligation unless a complete application for development is approved prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). 4. On or before the first day of the sixth month next following the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the Commissioner of Community Affairs shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), enact rules and regulations to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill). 5. This act shall take effect on the first day of the 10th month next following enactment. STATEMENT The "Closing the Segregated Housing Loophole Act" prohibits segregation in new inclusionary developments containing both market-rate and affordable units. The bill addresses the issue of segregated housing in New Jersey, particularly within affordable housing developments that include both market-rate and affordable units. The bill prohibits segregation in inclusionary developments by prohibiting a developer of such housing from creating separate entrances, amenities, or other features that would segregate residents based on whether a resident occupies an income-restricted unit, or other protected characteristics. The bill further prohibits a municipal approving authority or zoning officer from approving a development which segregates residents in violation of the bill's provisions. The bill establishes that an affordable unit existing within a new, pending, or proposed inclusionary development found to segregate is not to be counted towards a municipality's fair share affordable housing obligation. Further, a municipality which approves a development which violates the provisions of the bill shall be subject to penalties and enforcement mechanisms imposed by the Commissioner of Community Affairs (commissioner). The bill requires the commissioner to establish mechanisms that provide authority: to an interested party to file a complaint with the Department of Community Affairs, alleging that a development has been approved, or is being constructed, that is in violation of the bill; and to the department to investigate a complaint, and require a violation to be corrected. The bill directs the commissioner to adopt rules and regulations on or before the first day of the sixth month following the bill's enactment. The bill takes effect on the first day of the 10th month following enactment.
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47	47	An Act prohibiting segregation in certain inclusionary developments and supplementing chapter 27D of Title 52 of the Revised Statutes.
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51	51	Be It Enacted by the Senate and General Assembly of the State of New Jersey:
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55	55	1. This act may be cited as the "Closing the Segregated Housing Loophole Act."
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59	59	2. The Legislature finds and declares that:
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61	61	a. The State of New Jersey is committed to promoting fair and equal housing opportunities for all residents;
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63	63	b. Segregation in housing is a present issue in New Jersey, undermining the principles of fair and equal housing opportunities and contributing to racial and economic disparities within the State;
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65	65	c. Municipalities have a responsibility to ensure that all residents have access to fair and equal housing opportunities; and
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67	67	d. The federal "Fair Housing Amendments Act of 1988," Pub.L.100-430 (42 U.S.C. ss.3601 et seq.), and the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.), prohibit discrimination in the sale, rental, and financing of housing, but further action is needed to address the issue of segregation in affordable housing developments that contain both market-rate and affordable units.
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71	71	3. a. An inclusionary development, as defined in subsection f. of section 4 of P.L.1985, c.222 (C.52:27D-304), containing both market-rate and low- and moderate-income units, shall not discriminate in the provision of housing opportunities on the basis of race, color, religion, sex, or national origin, or on the basis of any other classification for which discrimination is prohibited pursuant to subsection g. of section 11 of P.L.1945, c.169 (C.10:5-12).
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73	73	b. A developer of an inclusionary development may not create separate entrances, amenities, or other features that segregate residents based on whether a resident occupies an income-restricted unit, or other characteristics protected pursuant to P.L.1945, c.169 (C.10:5-1 et seq.).
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75	75	c. A municipal governing body, an approving authority, defined pursuant to section 3 of P.L.1975, c.291 (C.40:55D-3), or a zoning officer, shall not approve an application for development for an inclusionary development that violates subsection b. of this section.
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77	77	d. A municipality that approves a housing development that violates subsection b. of this section shall be subject to penalties and enforcement mechanisms to be established by the Commissioner of Community Affairs. The Commissioner of Community Affairs shall establish mechanisms that include, but shall not be limited to, the provision of authority:
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79	79	(1) to an interested party to file a complaint with the Department of Community Affairs, alleging that development plans have been approved, or a developer is building, a development in violation of this section; and
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81	81	(2) to the department to investigate a complaint submitted by an interested party, and to require the violation to be corrected.
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83	83	e. A unit existing within a new, pending, or proposed inclusionary development found to violate subsection b. of this section, shall not be counted towards a municipality's fair share affordable housing obligation unless a complete application for development is approved prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
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87	87	4. On or before the first day of the sixth month next following the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the Commissioner of Community Affairs shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), enact rules and regulations to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
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91	91	5. This act shall take effect on the first day of the 10th month next following enactment.
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97	97	STATEMENT
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101	101	The "Closing the Segregated Housing Loophole Act" prohibits segregation in new inclusionary developments containing both market-rate and affordable units. The bill addresses the issue of segregated housing in New Jersey, particularly within affordable housing developments that include both market-rate and affordable units.
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103	103	The bill prohibits segregation in inclusionary developments by prohibiting a developer of such housing from creating separate entrances, amenities, or other features that would segregate residents based on whether a resident occupies an income-restricted unit, or other protected characteristics. The bill further prohibits a municipal approving authority or zoning officer from approving a development which segregates residents in violation of the bill's provisions. The bill establishes that an affordable unit existing within a new, pending, or proposed inclusionary development found to segregate is not to be counted towards a municipality's fair share affordable housing obligation. Further, a municipality which approves a development which violates the provisions of the bill shall be subject to penalties and enforcement mechanisms imposed by the Commissioner of Community Affairs (commissioner). The bill requires the commissioner to establish mechanisms that provide authority:
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105	105	to an interested party to file a complaint with the Department of Community Affairs, alleging that a development has been approved, or is being constructed, that is in violation of the bill; and
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107	107	to the department to investigate a complaint, and require a violation to be corrected.
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109	109	The bill directs the commissioner to adopt rules and regulations on or before the first day of the sixth month following the bill's enactment. The bill takes effect on the first day of the 10th month following enactment.