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Bill > ACR28

NJ ACR28

NJ ACR28
Proposes constitutional amendment to provide that only Legislature may determine affordable housing obligations.

summary

Introduced
01/09/2024
In Committee
01/09/2024
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

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.

AI Summary

This joint resolution proposes a constitutional amendment that would transfer the authority to determine affordable housing needs, methods of fulfillment, and consequences for noncompliance exclusively to the New Jersey Legislature, removing the current role of the courts in these matters. Specifically, the amendment would modify Article IV, Section VI of the State Constitution to explicitly state that the Legislature has sole discretion in defining affordable housing obligations, effectively overturning previous New Jersey Supreme Court rulings (such as the landmark Southern Burlington County NAACP v. Mount Laurel case) that established judicial oversight of affordable housing requirements. If approved by voters, the amendment would prevent courts from mandating affordable housing construction or determining housing unit requirements, instead placing these decisions entirely in the hands of the state legislature. The proposed change would be submitted to voters at a general election, with the ballot including an explanatory statement that highlights the key shift from judicial to legislative determination of affordable housing needs, and providing voters with context about the current court-driven approach and the proposed legislative-controlled alternative.

Committee Categories

Housing and Urban Affairs

Sponsors (2)

Last Action

Introduced, Referred to Assembly Housing Committee (on 01/09/2024)
(3 Companion Bills)

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Document Type Source Location
State Bill Page https://www.njleg.state.nj.us/bill-search/2024/ACR28
BillText https://pub.njleg.gov/Bills/2024/ACR/28_I1.HTM
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