This bill aims to facilitate the development and regulation of accessory dwelling units (ADUs) in New Jersey by defining what constitutes an ADU and mandating their allowance on lots with single-family homes. It specifies that ADUs can be either attached or detached from the principal dwelling, must be located on the same lot, and must include independent living facilities. Municipalities are permitted to impose certain dimensional controls but are prohibited from enforcing restrictions that would hinder ADU construction, such as requiring a passageway to the principal dwelling or setting a minimum age for occupants. The bill also emphasizes that ADUs should not be classified as new residential uses for utility connection fees unless they are built alongside a new single-family dwelling.

Additionally, the bill amends the "Fair Housing Act" to require municipalities to consider suitable lands and existing structures for ADU development in their housing plans, particularly to address low- and moderate-income housing needs. It allows municipalities to opt out of certain requirements through a two-thirds vote after a public hearing, ensuring that they document their reasons for doing so. The legislation also stipulates that ADUs permitted after January 1, 2022, will be credited towards a municipality's affordable housing obligation as equivalent to a studio apartment, designed for a one-person household. Overall, the bill seeks to streamline the approval process for ADUs while promoting affordable housing solutions in communities.

Statutes affected:
Introduced: 40:55D-3, 52:27D-304, 52:27D-310, 52:27D-311