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Bill > SCR73
NJ SCR73
NJ SCR73Proposes constitutional amendment to provide that only Legislature may determine affordable housing obligations.
summary
Introduced
01/28/2026
01/28/2026
In Committee
01/28/2026
01/28/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 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 concurrent resolution proposes to amend the New Jersey Constitution to grant the Legislature exclusive authority over affordable housing matters, meaning only the Legislature can determine the State's affordable housing needs, how those needs will be met, and the consequences for not complying. This change aims to shift the power from the courts, which currently make these determinations following past Supreme Court rulings like *Mount Laurel*, back to the legislative branch, which is seen as better suited to decide the methods for fulfilling this constitutional obligation. The proposed amendment will be put to a public vote at the next general election.
Committee Categories
Housing and Urban Affairs
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee (on 01/28/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2026/SCR73 |
| BillText | https://pub.njleg.gov/Bills/2026/SCR/73_I1.HTM |
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