Bill > S4065

Introduced Session

This bill adjusts the method, as established in P.L.2024, c.2 (C.52:27D-304.1 et al.), for determining the regional need for affordable housing, and permits timeline extensions for municipalities to determine and plan for adjusted fair share obligations based on the revisions to the regional need. The "prospective need" methodology that has been established for the fourth round and all future rounds of affordable housing obligations, through the enactment of P.L.2024, c.2 (C.52:27D-304.1 et al.), does not appear to result in realistic regional and municipal affordable housing obligations, but in excessive and unrealistic obligations. This bill changes the methodology for determining regional need to base the calculation on objective housing market data that can be clearly understood and easily quantified. The bill directs the Department of Community Affairs (department) to determine the prospective need for a region's 10-year round of low- and moderate-income housing obligations by ascertaining the number of certified residential housing units, as determined by the data assembled by the department, for new residential units in the region, excluding new residential units that replace demolished residential units, between the most recent federal decennial census and the second-most recent federal decennial census. The bill directs the department to divide that number by five, the quotient of which is to constitute the number of low- and moderate-income homes that can realistically be provided through inclusionary zoning in the region for the 10-year round. This figure is to represent the regional need for each of the six regions of the State. In addition to recalculating regional need, the bill directs the Commissioner of Community Affairs to revise the estimates of a municipality's prospective fair share obligation of the regional prospective need for the upcoming 10-year round, based on the changes to the regional need determinations. The bill directs that all municipalities that have already committed to a fair share obligation at the time of the enactment of the bill are to have their obligations adjusted to the fair share obligation established by the department, in accordance with the standards set forth in the bill, for determining the prospective regional need. A municipality is to be provided with 90 days from the receipt of revised fair share obligation estimates from the department, to file amended housing element and fair share plans addressing the adjusted obligation number. The bill authorizes the department to comply with the requirements of the bill as soon as possible, notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The bill permits the department to revise the deadlines for municipal compliance with the fourth round requirements, as necessary, considering the bill's adjustments to the date of the publication of regional need. The bill also repeals and replaces the findings section of the "Fair Housing Act," (FHA) P.L.1985, c.222 (C.52:27D-301 et al.). The bill takes effect immediately.

AI Summary

Committee Categories

Tony Bucco (R)*,  Kristin Corrado (R),  Owen Henry (R),  Holly Schepisi (R), 

Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee (on 01/30/2025)

Official Document