New Jersey-2024-ACR28-Introduced

A Concurrent Resolution proposing to amend Article IV, Section VI, paragraph 2 of the New Jersey Constitution.

Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

1. The following proposed amendment to the Constitution of the State of New Jersey is agreed to:

PROPOSED AMENDMENT

a. Amend Article IV, Section VI, paragraph 2 to read as follows:

2. (a) The Legislature may enact general laws under which municipalities, other than counties, may adopt zoning ordinances limiting and restricting to specified districts and regulating therein, buildings and structures, according to their construction, and the nature and extent of their use, and the nature and extent of the uses of land, and the exercise of such authority shall be deemed to be within the police power of the State. Such laws shall be subject to repeal or alteration by the Legislature.

(b) The affordable housing needs of the State, the means by which those needs may be fulfilled, and the consequences for noncompliance shall be determined only by the Legislature through the enactment of general laws.

2. When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

3. This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

There shall be printed on each official ballot to be used at the general election, the following:

a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are

opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

b. In every municipality the following question:

		CONSTITUTIONAL AMENDMENT TO PROVIDE FOR LEGISLATIVE DETERMINATION OF AFFORDABLE HOUSING NEEDS
	YES	Do you approve amending the Constitution to change the way that affordable housing needs are determined? The amendment provides that only the Legislature can decide the amount of affordable housing units that are needed in the State. The amendment also provides that only the Legislature can decide how this need can be fulfilled and the possible penalties for failing to meet this need. The courts would not be allowed to require a town to build affordable housing.
		INTERPRETIVE STATEMENT
	NO	The New Jersey Supreme Court has ruled that the State Constitution requires affordable housing to be made available in the State. The courts currently decide the need for affordable housing throughout the State. This amendment changes the way that affordable housing obligations are determined. The amendment provides that only the Legislature can decide the number of affordable housing units that are needed in the State. In addition, only the Legislature could decide the ways in which this need can be fulfilled and the possible penalties for failing to fulfill this need.

STATEMENT

This amendment to the State Constitution provides that the constitutional obligation to make available affordable housing, and the means by which this obligation may be fulfilled, can only be determined by the Legislature.

The New Jersey Supreme Court has ruled that there is a constitutional obligation to provide a realistic opportunity for the construction of affordable housing in accordance with the present and prospective need for low and moderate income housing. Following the dissolution of the Council on Affordable Housing, the Superior Court has become responsible for determining the number of affordable housing units that are needed throughout the State. However, the New Jersey Supreme Court indicated in multiple rulings, including Southern Burlington County NAACP v. Mount Laurel, 92 N.J. 158 (1983) and Hills Development Co. v. Bernards, 103 N.J. 1 (1986), that the determination of the methods for satisfying this constitutional obligation "is better left to the Legislature."

Accordingly, this amendment proposes to amend the State Constitution to provide that the constitutional obligation to make available affordable housing, the means by which this obligation can be fulfilled, and the possible consequences for noncompliance, may only be determined by the Legislature through the enactment of general legislation.