Bill > A5859

Introduced Session

Under section 7 of the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-307), municipalities are given credit for a unit of housing if the municipality demonstrates that the municipality issued a certificate of occupancy for the unit, which was either newly constructed or rehabilitated, between April 1, 1980 and December 15, 1986, and if certain other criteria are met. Credits received under this provision are commonly referred to as "credits without controls." This bill changes the earliest date on which it is possible for a unit to have been constructed or rehabilitated in order to receive credits without controls from April 1, 1980 to January 1, 1948, which is the date on which the current State Constitution became effective. The purpose of the change is to give credit to municipalities for all affordable housing constructed or rehabilitated since the date of the State Constitution, which was interpreted under a series of "Mt. Laurel" decisions, to require every municipality in a growth area to provide a realistic opportunity for a fair share of its region's present and prospective needs for housing for low- and moderate-income families. The bill requires the Commissioner of Community Affairs, in consultation with the Administrative Office of the Courts, to adopt rules and regulations to effectuate the provisions of the bill.

AI Summary

Committee Categories

Shama Haider (D)*, 

Introduced, Referred to Assembly Housing Committee (on 12/11/2023)

Official Document