Bill Text: NJ A4296 | 2020-2021 | Regular Session | Introduced
Bill Title: Extends deadline for midpoint status report of municipal fair share affordable housing obligation compliance.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2020-06-22 - Introduced, Referred to Assembly Housing Committee [A4296 Detail]
Download: New_Jersey-2020-A4296-Introduced.html
Sponsored by:
Assemblyman GREGORY P. MCGUCKIN
District 10 (Ocean)
Assemblyman JOHN CATALANO
District 10 (Ocean)
SYNOPSIS
Extends deadline for midpoint status report of municipal fair share affordable housing obligation compliance.
CURRENT VERSION OF TEXT
As introduced.
An Act extending midpoint certification of municipal affordable housing compliance and amending P.L.1985, c.222.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 13 of P.L.1985, c.222 (C:52:27D-313) is amended to read as follows:
13. a. A municipality which has filed a housing element may, at any time during a two-year period following the filing of the housing element, petition the council for a substantive certification of its element and ordinances or institute an action for declaratory judgment granting it repose in the Superior Court, but in no event shall a grant of substantive certification extend beyond a 10-year period starting on the date the municipality files its housing element with the council. The municipality shall publish notice of its petition in a newspaper of general circulation within the municipality and county and shall make available to the public information on the element and ordinances in accordance with such procedures as the council shall establish. The council shall also establish a procedure for providing public notice of each petition which it receives.
b. Notwithstanding the provisions of subsection a. of this section, a municipality which filed a housing element prior to the effective date of P.L.1990, c.121, shall be permitted to petition for substantive certification at any time within two years following that filing, or within one year following the effective date of P.L.1990, c.121, whichever shall result in permitting the municipality the longer period of time within which to petition.
[The Council shall establish procedures for a realistic opportunity review at the midpoint of the certification period and shall provide for notice to the public] A municipality that has an obligation to provide a status report in conjunction with a realistic opportunity review by the midpoint of the certification period shall have an additional one year following the midpoint to submit the status report.
(cf: 2001, c.435. s.5)
2. This act shall take effect immediately.
STATEMENT
This bill would provide
municipalities with an additional year to comply with midpoint realistic
opportunity reviews, which are
required by the "Fair Housing Act," P.L.1985, c.222 (C:52:27D-301 et al.) and by many settlement agreements between municipalities and the Fair Share Housing Center. Midpoint opportunity reviews are required in order to review a municipality's status in implementing its housing element and fair share plan. Many midpoint realistic opportunity reviews are due for submission by July 1, 2020. The COVID-19 pandemic has not only slowed the economy, but also slowed the operation of municipal government. In response to these circumstances, this bill is intended to provide municipalities with additional time, one year to be exact, to present the status of the implementation of their approved housing elements and fair share plans through the midpoint.
