Bill Text: NJ A5869 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires municipalities in compliance with affordable housing obligations be provided priority consideration for certain State grants and assistance.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2024-01-08 - Passed by the Assembly (62-11-0) [A5869 Detail]
Download: New_Jersey-2022-A5869-Introduced.html
Sponsored by:
Assemblyman WILLIAM W. SPEARMAN
District 5 (Camden and Gloucester)
SYNOPSIS
Requires municipalities in compliance with affordable housing obligations be provided priority consideration for certain State grants and assistance.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring that municipalities in compliance with affordable housing obligations be provided priority consideration for certain grants and assistance, and supplementing chapter 27D of Title 52 and chapter 1B of Title 34 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any rule, regulation, or law to the contrary, in awarding grants or other financial assistance through the Main Street New Jersey Program pursuant to P.L.2001, c.238 (C.52:27D-452 et seq.), the Neighborhood Preservation Program established pursuant to P.L.1975, c.248 (C.52:27D-142 et seq.), or any other program administered by the Department of Community Affairs through which monies may be provided to a municipality via a competitive process, the Department of Community Affairs shall give priority consideration to municipalities that are in compliance with the municipality's fair share housing obligation pursuant to P.L.1985, c.222 (C.52:27D-301 et al.), as determined by the Department of Community Affairs. The requirements of this section shall not apply to any grant or financial assistance that is intended to assist a municipality in fulfilling the municipality's fair share housing obligation pursuant to P.L.1985, c.222 (C.52:27D-301 et al.).
b. For the purposes of this section:
(1) For the first five years commencing at the beginning of a new round of affordable housing obligations, the Department of Community Affairs shall consider the following in determining a municipality's compliance with the municipality's fair share housing obligation pursuant to P.L.1985, c.222 (C.52:27D-301 et al.):
(a) the use of a builder's remedy during the round of affordable housing obligations immediately preceding the current round;
(b) the existence and terms of an affordable housing settlement agreement reached during the round of affordable housing obligations immediately preceding the current round;
(c) the percentage of the municipality's affordable housing obligation for the affordable housing obligation round immediately preceding the current round that has been fulfilled;
(d) any other factor of the round of affordable housing obligations immediately preceding the current round deemed relevant by the Department of Community Affairs.
(2) Commencing five years after the beginning of a new round of affordable housing obligations, the Department of Community Affairs shall make compliance determinations based on the fulfillment of a municipality's affordable housing obligation for the current round of affordable housing obligations.
(3) The Department of Community Affairs shall deem and determine municipalities that are exempt from fair share affordable housing obligations to meet the requirements of this section and shall give the municipality priority consideration as otherwise provided for in this section.
2. Notwithstanding any rule, regulation, or law to the contrary, in awarding grants or other financial assistance through any program through which monies may be provided to a municipality via a competitive process, the New Jersey Economic Development Authority shall give priority consideration to municipalities that are in compliance with the municipality's fair share housing obligation pursuant to P.L.1985, c.222 (C.52:27D-301 et al.), as determined by the Department of Community Affairs pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). The requirements of this section shall not apply to any grant or financial assistance that is intended to assist a municipality in fulfilling the municipality's fair share housing obligation pursuant to P.L.1985, c.222 (C.52:27D-301 et al.).
3. This act shall take effect immediately.
STATEMENT
This bill requires the Department of Community Affairs (DCA) and the New Jersey Economic Development Authority (EDA) to give priority consideration to municipalities that are in compliance with their affordable housing obligations in awarding grants or other financial assistance through the Main Street New Jersey Program, Neighborhood Preservation Program, or any other program administered by the DCA or the EDA through which monies are provided to a municipality via a competitive process. The bill's provisions would not apply to grants or financial assistance intended to help a municipality fulfill its affordable housing obligation.
For the purposes of the bill, the Department of Community Affairs would consider, at a minimum, the following in determining a municipality's compliance in the first five years after a new round of affordable housing obligations begin: prior round builder's remedy lawsuits, prior round fair share settlements, the percentage of fulfilled obligation, and any other factor deemed relevant by the department.
