Bill > S4013

Introduced Session

This bill would impose a moratorium on affordable housing litigation in the State in order to provide the Legislature an opportunity to craft an alternative to litigation for the Fourth Round of affordable housing obligations set to begin in 2025. Litigation over fair share affordable housing obligations has been ongoing for decades, yet has produced little affordable housing or clarity on the issue. This litigation has been a great expense to municipalities that is ultimately borne by the taxpayers. Moreover, as the Supreme Court of New Jersey has recognized, the myriad of issues concerning affordable housing are policy matters best left to the purview of the Legislature. Accordingly, it is appropriate and fitting and in the public interest to pause litigation regarding the Fourth Round of municipal affordable housing obligations in order to allow for the development of new guidelines that will determine affordable housing obligations in a more efficient manner. In addition, the current high cost of and demand for construction materials related to the COVID-19 pandemic has made it exceedingly difficult to produce the actual affordable housing sought by litigation. Delaying the start of the Fourth Round of affordable housing obligations will allow market forces affecting the cost of building materials to normalize in a more stable post-pandemic economy, and thereby allow for a more realistic opportunity to create actual affordable housing. The moratorium would be effective from the date that the bill is enacted through December 31, 2028.

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Joe Pennacchio (R)*, 

Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee (on 06/28/2021)