Bill Text: NJ A1801 | 2010-2011 | Regular Session | Introduced
Bill Title: Limits fair share affordable housing obligation in planning areas 4 and 5.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Housing and Local Government Committee [A1801 Detail]
Download: New_Jersey-2010-A1801-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman CAROLINE CASAGRANDE
District 12 (Mercer and Monmouth)
Assemblyman DECLAN J. O'SCANLON, JR.
District 12 (Mercer and Monmouth)
SYNOPSIS
Limits fair share affordable housing obligation in planning areas 4 and 5.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the fair share obligation and supplementing P.L.1985, c.222 (C.52:27D-301 et al.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Notwithstanding any regulation of the council to the contrary, the fair share housing obligation of a municipality that contains land which is designated as Planning Area 4 or Planning Area 5 of the State Development and Redevelopment Plan, established in accordance with section 5 of P.L.1985, c.398 (C.52:18A-200), or that is situate in rural or environmentally sensitive areas regardless of classification under the State Development and Redevelopment Plan, shall not include a fair share affordable housing obligation for those areas other than:
a. an obligation based solely on existing units in need of rehabilitation;
b. units required as part of an inclusionary residential development set-aside; and
c. units required by virtue of a properly-adopted growth-share formula of the council, based on proposed job creation as a result of new commercial or industrial development within that area.
2. The memorandum of understanding between the council and the State Planning Commission concerning the allocation of affordable housing obligation to municipalities in rural or environmentally sensitive areas is hereby declared void. Any calculation of fair share affordable housing obligation on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and any memorandum of understanding entered into by the council after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall comport with the provisions of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
3. This act shall take effect immediately.
STATEMENT
This bill requires that in municipalities comprised of lands falling in Planning Areas 4 or Planning Areas 5 of the State Development and Redevelopment Plan, as adopted by the State Planning Commission, the fair share housing obligation will be limited to the rehabilitation need and the growth share obligation incurred by the municipality as it experiences development. The New Jersey Supreme Court in the Mount Laurel affordable housing decisions indicated that no obligation in rural or environmentally-sensitive areas in which development was not occurring would be imposed. The memorandum of agreement entered into by the Council on Affordable Housing in 1992 changed that directive to require need numbers to be supplied to all areas of the State, regardless of their planning area status and whether development was occurring.
This bill establishes a separate calculation method for the fair share obligation number under the "Fair Housing Act," P.L.1985, c. 222 for environmentally sensitive and rural areas, in line with the Mount Laurel cases. The fair share obligation in these areas will be limited to:
· an obligation based solely on existing units in need of rehabilitation;
· units required as part of an inclusionary residential development set-aside; and
· units required by virtue of a properly-adopted growth-share formula of the council, based on proposed job creation as a result of new commercial or industrial development within the municipality.
