Bill Text: NJ A3197 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires certain local government community benefit agreements dedicate resources for affordable housing purposes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-03-07 - Introduced, Referred to Assembly Housing Committee [A3197 Detail]
Download: New_Jersey-2022-A3197-Introduced.html
Sponsored by:
Assemblywoman BRITNEE N. TIMBERLAKE
District 34 (Essex and Passaic)
SYNOPSIS
Requires certain local government community benefit agreements dedicate resources for affordable housing purposes.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring that certain community benefit agreements by local government units dedicate resources for affordable housing purposes and supplementing Title 40 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any provision of law to the contrary, beginning on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) the board of county commissioners shall not enter into any community benefits agreement as a result of which the county will receive a cash payment of $100,000 or more, unless the agreement requires that 50 percent or more of the cash payment be dedicated to affordable housing purposes within the county.
b. As used in this section:
"Affordable housing purposes" means the creation or rehabilitation of low income housing or moderate income housing as those terms are defined in section 4 of P.L.1985, c.222 (C52:27D-304; and
"Community benefits agreement" means a binding legal agreement between the board of county commissioners and a developer of a commercial or residential project, and may also include other community stakeholders, under which the developer agrees to pay for or provide certain resources to accommodate and benefit local community interests. In exchange, for these community benefits, the board of county commissioners and other community stakeholders agree to approve or provide support for the developer's project.
2. a. Notwithstanding any provision of law to the contrary, beginning on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) the governing body of any municipality shall not enter into any community benefits agreement as a result of which the municipality will receive a cash payment of $100,000 or more, unless the agreement requires that 50 percent or more of the cash payment be dedicated to affordable housing purposes within the municipality.
b. As used in this section:
"Affordable housing purposes" means the creation or rehabilitation of low income housing or moderate income housing as those terms are defined in section 4 of P.L.1985, c.222 (C52:27D-304; and
"Community benefits agreement"
means a binding legal agreement between the governing body of a municipality
and a
developer of a commercial or residential project, and may also include other community stakeholders, under which the developer agrees to pay for or provide certain resources to accommodate and benefit local community interests. In exchange, for these community benefits, the governing body of the municipality and other community stakeholders agree to approve or provide support for the developer's project.
3. This act shall take effect immediately.
STATEMENT
This bill would prohibit county and municipal governing bodies from entering into certain "community benefits agreements" for large cash payments, unless the agreement requires that 50 percent or more of that cash payment be dedicated to affordable housing purposes within the local community. Affordable housing purposes under this bill would mean the creation or rehabilitation of low or moderate income housing as those terms are defined by the "Fair Housing Act." The bill defines a community benefit agreement as a binding legal agreement involving the governing body of a municipality or county and a developer of a commercial or residential project under which the developer agrees to pay for or provide certain resources to accommodate and benefit local community interests. In exchange, for these community benefits, the governing body of the local unit and other community stakeholders agree to approve or provide support for the developer's project.
Community benefits agreements can be an important and valuable tool for local government units and the communities which these local units serve. These agreements can provide funding for local services and benefits to the community, including, but not limited to, funding and other resources for infrastructure, housing, workforce training, and development. This bill would assure that when a large cash payment is realized by a local government as a result of an agreement, a substantial portion of such a monetary payment is utilized to address affordable housing needs within the community.
