Bill > S2104

Introduced Session

This bill would require that affordable housing obligations be calculated and administered at the State level. Affordable housing is an issue of Statewide concern and importance. It is also a highly complex issue that requires technical expertise, often ends up in litigation, and is expensive to administer. This bill would eliminate the current municipality-to-municipality patchwork approach to affordable housing. The bill would centralize administration of this issue in the State agency with the necessary Statewide policy perspective and technical expertise, and which can serve as a cost-effective, fair forum to address this issue - the Council on Affordable Housing (the "council"). Currently, affordable housing need is calculated at the regional level and fair share plans are created by municipalities. Under the bill, the council would calculate the affordable housing need of the entire State. The council would then select which municipalities will have a role to play in fulfilling this Statewide need and will assign them a fair share of this obligation. Such municipality would then submit a housing element that provides basic information on the current housing stock and properties suited for affordable housing development that could satisfy the municipal fair share. After receipt of the housing element, the bill requires the council to grant the municipality a substantive certification that shields it from exclusionary zoning suits. The council would next draft a fair share plan for the municipality that directs the municipality on how to satisfy its fair share obligation. The municipality would be required to adopt a fair share ordinance effectuating that fair share plan. The council would be required to engage in a mediation process if an objection is made to its fair share plan for a municipality. Any exclusionary zoning suit to a fair share plan for a municipality would have to be brought against the council, with the municipality having the option to be a party in the litigation.

Committee Categories

Holly Schepisi (R)*, 

Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee (on 01/09/2024)

Official Document