Bill > S2098

Introduced Session

This bill would direct the Department of Community Affairs to produce a database that details each affordable housing declaratory judgment action, including each settlement agreement entered by a municipality in order to comply with the "Fair Housing Act," ("FHA") P.L.1985, c.222 (C.52:27D-301 et al.) since the beginning of 2015. The database would be based on information submitted by the parties to each action, the courts, and other sources. Upon request by the department, the bill requires the courts, each municipality, and each other party to the action, to provide the information necessary. The database would be accessible to the public on the department's website. The database would contain: (1) a list of the municipalities that have completed a declaratory judgment action; (2) the number of affordable housing units that, under the completed action, represent the municipality's fair share of the regional need for affordable housing, commonly referred to as its fair share obligation; (3) the ratio of rental units to ownership units amongst affordable housing in the municipality, and, as applicable, among the units within the municipality's fair share obligation that have not yet been constructed; (4) the ratio of affordable units to market-rate units and total number of affordable units and market-rate units mandated pursuant to any declaratory judgment action amongst housing in the municipality, and among the developments that may be constructed under the completed declaratory judgment action in furtherance of the municipality's fair share obligation; and (5) a list of the payments made by each municipality to each other party to a declaratory judgment action, including but not limited to the Fair Share Housing Center, for expenses associated with a settlement agreement. In 2015, having concluded that Council on Affordable Housing was not capable of functioning as intended by the FHA, the New Jersey Supreme Court, through a decision in 2015, designated "Mount Laurel judges" in the Superior Court vicinages to both establish affordable housing obligations for New Jersey's municipalities and certify municipal plans to meet those obligations through declaratory judgment actions. These actions were primarily resolved through settlement agreements between the municipalities and the Fair Share Housing Center, an affordable housing advocacy organization based in Cherry Hill, New Jersey. This bill is meant to enhance the transparency of these actions.

Committee Categories

Holly Schepisi (R)*,  Shirley Turner (D)*, 

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

Official Document