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NJ S1943

NJ S1943
Directs DCA to establish online database of affordable housing settlement agreements and other declaratory judgment actions.


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 Regular Session

Bill Summary

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.

AI Summary

This bill directs the Department of Community Affairs (DCA) to create and maintain an online public database detailing all affordable housing settlement agreements and other declaratory judgment actions, which are legal proceedings initiated by municipalities to comply with the "Fair Housing Act" (FHA) since the beginning of 2015. These actions, often resolved through settlement agreements with organizations like the Fair Share Housing Center, were established after the New Jersey Supreme Court in 2015 determined that the Council on Affordable Housing could no longer fulfill its role, leading to "Mount Laurel judges" in the Superior Court being assigned to determine municipal affordable housing obligations and review plans to meet them. The database will collect information from parties involved in these actions and courts, and will include details such as the municipalities that have completed these actions, the number of affordable housing units required as part of their "fair share obligation" (their regional responsibility for affordable housing), the mix of rental versus ownership units, the ratio of affordable to market-rate units, and any payments made by municipalities in these settlements, all to increase transparency.

Committee Categories

Housing and Urban Affairs

Sponsors (2)

Last Action

Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee (on 01/13/2026)

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