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 dwellings. 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 clarifies that ADUs will 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 structures for ADU development in their housing elements, particularly to address low- and moderate-income housing needs. It establishes that ADUs permitted after January 1, 2022, will be credited towards a municipality's affordable housing obligation as equivalent to a studio apartment. Municipalities can opt out of certain ADU requirements through a two-thirds vote, provided they conduct public hearings and notify the Division of Local Government Services. Overall, the legislation seeks to enhance affordable housing solutions while ensuring that ADUs are developed in a regulated manner.

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