Bill > A4848

Introduced Session

This bill would direct the Council on Affordable Housing, or its successor, to exempt a municipality from any responsibility for a fair share affordable housing obligation if the municipality is designated by the council or its successor as extensively flood-prone. This exemption would have the effect of protecting a municipality from any potential builder's remedy action to compel housing construction. The "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.), establishes that a municipality has an obligation to provide for a fair share of the need for affordable housing in its region. However, this statute has allowed for adjustments to be made to a municipality's obligation based on certain factors, such as needs for historic preservation and environmental protection. This bill would direct the Commissioner of Community Affairs, in consultation with the Commissioner of Environmental Protection, to adopt rules and regulations to serve as a basis for determinations of exemptions from municipal fair share obligations based flood risk. These rules and regulations would serve as a basis for the council or its successor to designate certain municipalities as extensively flood-prone, and thereby exempt from a fair share obligation, including any present and prospective obligation, unfulfilled prior round obligation, and gap period obligation. The bill requires the rules and regulations to be based on flood insurance paid by property owners, the number of repetitive loss and severe repetitive loss properties in a municipality relative to the size of the municipality, and other relevant information. The bill directs the commissioner to adopt rules and regulations by the first day of the third month following enactment.

Committee Categories

Michele Matsikoudis (R)*, 

Introduced, Referred to Assembly Housing Committee (on 11/14/2022)

Official Document