Bill > A877

Introduced Session

This bill provides that housing constructed prior to April 1, 1980 may be counted toward a municipal affordable housing obligation. Before the enactment of P.L.2024, c.2, language existed in the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.) that could be construed to restrict the ability of a municipality to obtain credit toward an affordable housing obligation for housing constructed prior to April 1, 1980. This bill is intended to clarify that, under the conditions provided in the bill, municipalities may obtain credit for this type of housing. Specifically, the bill permits a municipality to obtain credit for low- and moderate-income housing units constructed prior to April 1, 1980, as part of the municipality's fair share plan and housing element, toward the municipality's:(1) unfulfilled prior round obligation, provided that the municipality is able to demonstrate that the housing unit has been reserved for occupancy as low- or moderate-income housing for a period of 20 years or more in compliance with the bill, and the municipality has not already obtained credit for the housing unit;(2) prospective obligation, if the housing unit is reserved for occupancy as low- or moderate-income housing, in accordance with the Uniform Housing Affordability Controls; or(3) present need obligation for a low- or moderate-income housing unit constructed prior to April 1, 1980, if the housing unit is rehabilitated in compliance with rules and regulations adopted by the Commissioner of Community Affairs (commissioner). The bill also directs the commissioner, in addition to other grants or loans awarded through the New Jersey Affordable Housing Trust Fund, to annually allocate the amounts as may be necessary to fund the repair and rehabilitation of housing units constructed prior to April 1, 1980, for the purpose of obtaining credit toward an affordable housing obligation, in accordance with the authorities provided by this bill. The bill also directs the commissioner to adopt rules and regulations as necessary for the implementation of the bill. The bill directs the rules and regulations of the commissioner to permit a municipality to apply to the affordable housing dispute resolution program to adjust a fair share plan and housing element to accommodate the allocation of credit for low- and moderate-income housing created in accordance with this bill, even if the fair share plan and housing element have already been approved. The bill would take effect immediately.

AI Summary

Committee Categories

Vicky Flynn (R)*,  Gerry Scharfenberger (R)*, 

Introduced, Referred to Assembly Housing Committee (on 01/13/2026)

Official Document