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Bill > S1949
NJ S1949
NJ S1949Requires COAH to administer affordable housing obligations of municipalities based on Statewide obligation.
summary
Introduced
01/13/2026
01/13/2026
In Committee
01/13/2026
01/13/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 Regular Session
Bill Summary
This bill would require that affordable housing obligations be calculated and administered at the State level. Affordable housing is an issue of Statewide concern and importance. It is also a highly complex issue that requires technical expertise, often ends up in litigation, and is expensive to administer. This bill would eliminate the current municipality-to-municipality patchwork approach to affordable housing. The bill would centralize administration of this issue in the State agency with the necessary Statewide policy perspective and technical expertise, and which can serve as a cost-effective, fair forum to address this issue - the Council on Affordable Housing (the "council"). Currently, affordable housing need is calculated at the regional level and fair share plans are created by municipalities. Under the bill, the council would calculate the affordable housing need of the entire State. The council would then select which municipalities will have a role to play in fulfilling this Statewide need and will assign them a fair share of this obligation. Such municipality would then submit a housing element that provides basic information on the current housing stock and properties suited for affordable housing development that could satisfy the municipal fair share. After receipt of the housing element, the bill requires the council to grant the municipality a substantive certification that shields it from exclusionary zoning suits. The council would next draft a fair share plan for the municipality that directs the municipality on how to satisfy its fair share obligation. The municipality would be required to adopt a fair share ordinance effectuating that fair share plan. The council would be required to engage in a mediation process if an objection is made to its fair share plan for a municipality. Any exclusionary zoning suit to a fair share plan for a municipality would have to be brought against the council, with the municipality having the option to be a party in the litigation.
AI Summary
This bill centralizes the administration of affordable housing obligations at the State level, shifting from a municipality-by-municipality approach to a Statewide system managed by the Council on Affordable Housing (COAH). COAH will now be responsible for calculating the total affordable housing need for the entire State, then assigning specific obligations, known as "fair share" plans, to individual municipalities. Municipalities will submit housing elements detailing their current housing stock and suitable development sites, after which COAH will grant "substantive certification," protecting them from exclusionary zoning lawsuits. COAH will then create a fair share plan for each municipality, which the municipality must adopt through an ordinance, with provisions for mediation if objections arise, and any lawsuits challenging these plans will be directed against COAH, with municipalities having the option to participate.
Committee Categories
Housing and Urban Affairs
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee (on 01/13/2026)
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/S1949 |
| BillText | https://pub.njleg.gov/Bills/2026/S2000/1949_I1.HTM |
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