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 that municipalities permit their construction on lots with single-family dwellings. The bill specifies that ADUs can be either attached or detached from the principal dwelling and must include independent living facilities. Municipalities are allowed to impose certain dimensional controls but are prohibited from enforcing restrictions that would effectively hinder ADU construction, such as requiring a passageway to the principal dwelling or setting a minimum age for occupants. Additionally, the bill emphasizes that ADUs should not be classified as new residential uses for utility connection fees unless they are built alongside new single-family homes.

Moreover, the legislation amends the "Fair Housing Act" to require municipalities to consider suitable lands and structures for ADU development in their housing elements, particularly to support low- and moderate-income housing. It allows municipalities to opt out of certain ADU requirements through a two-thirds vote, contingent upon a public hearing and notification to the Division of Local Government Services. The bill 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, thereby promoting affordable housing options within the state.

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