Bill > ACR173

Introduced Session

This amendment to the State Constitution provides that the constitutional obligation to make available affordable housing, and the means by which this obligation may be fulfilled, can only be determined by the Legislature. The New Jersey Supreme Court has ruled that there is a constitutional obligation to provide a realistic opportunity for the construction of affordable housing in accordance with the present and prospective need for low and moderate income housing. Following the dissolution of the Council on Affordable Housing, the Superior Court has become responsible for determining the number of affordable housing units that are needed throughout the State. However, the New Jersey Supreme Court indicated in multiple rulings, including Southern Burlington County NAACP v. Mount Laurel, 92 N.J. 158 (1983) and Hills Development Co. v. Bernards, 103 N.J. 1 (1986), that the determination of the methods for satisfying this constitutional obligation "is better left to the Legislature." Accordingly, this amendment proposes to amend the State Constitution to provide that the constitutional obligation to make available affordable housing, the means by which this obligation can be fulfilled, and the possible consequences for noncompliance, may only be determined by the Legislature through the enactment of general legislation.

Committee Categories

Michele Matsikoudis (R)*,  Kevin Rooney (R)*, 

Introduced, Referred to Assembly Housing Committee (on 01/12/2023)

Official Document