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.
Additionally, S2085 introduces a cap on the number of affordable housing units a municipality can be allocated, restricting it to not exceed an amount that would increase the municipality's population by more than five percent. This measure aims to balance the responsibility of affordable housing distribution across municipalities while mitigating the potential strain on resources and infrastructure that could arise from sudden population surges due to housing developments. Furthermore, the bill specifies the exclusion of flood-prone lands when assessing available land for affordable housing, which aligns legal compliance with safety standards and environmental considerations.
Senate Bill S2085 focuses on enhancing municipal authority concerning the construction of non-redevelopment housing projects ordered by the Council on Affordable Housing (COAH). It allows municipalities to challenge COAH orders unless the orders are explicitly based on exclusionary zoning practices in the municipality at the time of the order. This legislative move is designed to give local governments more control over housing development decisions, enabling them to better manage growth according to their specific circumstances and zoning regulations.
However, the bill may face contention from those who argue that such caps on housing obligations could hinder the availability of affordable housing in areas that need it most. Opponents may express concerns that limiting the number of units based on population growth could yield negative long-term effects on housing availability and affordability for low and moderate-income families. Additionally, the process by which municipalities can challenge COAH orders could lead to disputes over what constitutes exclusionary zoning practices, leading to potential legal entanglements.
The bill mandates that the Department of Environmental Protection adopt rules to assist in determining which lands are flood-prone by a specified date following the bill's enactment, showcasing an emphasis on prioritizing safety in housing development agreements. While the bill is set to take immediate effect, certain provisions will remain non-operational until the stated timeline is reached, ensuring a phased implementation that considers regulatory readiness.