Bill > A5490

Introduced Session

The "Closing the Segregated Housing Loophole Act" prohibits segregation in new inclusionary developments containing both market-rate and affordable units. The bill addresses the issue of segregated housing in New Jersey, particularly within affordable housing developments that include both market-rate and affordable units. The bill prohibits segregation in inclusionary developments by prohibiting a developer of such housing from creating separate entrances, amenities, or other features that would segregate residents based on whether a resident occupies an income-restricted unit, or other protected characteristics. The bill further prohibits a municipal approving authority or zoning officer from approving a development which segregates residents in violation of the bill's provisions. The bill establishes that an affordable unit existing within a new, pending, or proposed inclusionary development found to segregate is not to be counted towards a municipality's fair share affordable housing obligation. Further, a municipality which approves a development which violates the provisions of the bill shall be subject to penalties and enforcement mechanisms imposed by the Commissioner of Community Affairs (commissioner). The bill requires the commissioner to establish mechanisms that provide authority:· to an interested party to file a complaint with the Department of Community Affairs, alleging that a development has been approved, or is being constructed, that is in violation of the bill; and· to the department to investigate a complaint, and require a violation to be corrected. The bill directs the commissioner to adopt rules and regulations on or before the first day of the sixth month following the bill's enactment. The bill takes effect on the first day of the 10th month following enactment.

AI Summary

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John Azzariti (R)*, 

Introduced, Referred to Assembly Housing Committee (on 03/20/2025)

Official Document