This bill proposes a comprehensive overhaul of New Jersey's affordable housing framework by abolishing the Council on Affordable Housing (COAH) and establishing a new process for municipalities to determine their fair share of affordable housing obligations. The Department of Community Affairs (DCA) will be responsible for calculating and publishing these obligations, which municipalities must adopt by July 1, 2025, to avoid builders remedy litigation. The bill emphasizes the need for municipalities to create fair share plans and housing elements, with a focus on low- and moderate-income families, and introduces an Affordable Housing Dispute Resolution Program to address challenges to these plans. Key changes include new definitions, streamlined processes for compliance, and the introduction of minimum deed restrictions for affordable units.
Additionally, the bill outlines specific criteria for municipalities to meet their affordable housing obligations, including the requirement that at least 50% of newly created affordable units be accessible to families with children. It also mandates that municipalities reserve a minimum of 20% of newly constructed residential units for low- and moderate-income households and prohibits the use of development fees for administrative costs without prior approval from the DCA. The legislation aims to enhance local control over affordable housing decisions while ensuring compliance with the Fair Housing Act, ultimately promoting transparency and accountability in the management of affordable housing development fees.
Statutes affected: Introduced: 52:27D-302, 52:27D-304, 52:27D-313, 2A:50-56, 5:18-2, 13:20-23, 17:11C-55, 39:4-10.2, 40:55D-8.2, 40:55D-8.3, 40:55D-8.4, 40:55D-8.5, 40:55D-8.7, 40:55D-8.8, 40:55D-40.3, 40A:12A-3, 40A:12A-16, 52:27D-310, 52:27D-310.1, 52:27D-311, 52:27D-320, 52:27D-321, 52:27D-321.1, 52:27D-329.1, 52:27D-329.2, 52:27D-329.4, 52:27D-329.9, 55:14K-56, 55:14K-60, 55:14K-74