The proposed resolution seeks to amend the New Jersey Constitution to explicitly prohibit exclusionary zoning practices that hinder the development of affordable housing for low and moderate-income residents. This amendment aims to clarify municipal obligations regarding affordable housing construction, stating that while municipalities cannot engage in exclusionary zoning, they are not required to construct affordable housing units. This change is intended to reduce litigation related to forced construction of specific residential projects, which has been a contentious issue in New Jersey for over 40 years, stemming from the Mount Laurel doctrine established by the New Jersey Supreme Court.
The resolution highlights the significant demographic changes in New Jersey, including population growth and increased housing costs, which have exacerbated the challenges faced by low-income families in accessing affordable housing. By amending the Constitution, the resolution seeks to eliminate the complexities surrounding the Mount Laurel mandate and the builders remedy lawsuits, while still affirming the state's commitment to combat discriminatory zoning practices. The courts would be empowered to address violations of the prohibition on exclusionary zoning by invalidating problematic zoning ordinances rather than mandating the construction of specific housing projects.