Bill Text: NJ ACR58 | 2010-2011 | Regular Session | Introduced
Bill Title: Determines that certain Council on Affordable Housing regulations are not consistent with legislative intent.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Housing and Local Government Committee [ACR58 Detail]
Download: New_Jersey-2010-ACR58-Introduced.html
ASSEMBLY CONCURRENT RESOLUTION No. 58
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman DAVID P. RIBLE
District 11 (Monmouth)
Assemblywoman MARY PAT ANGELINI
District 11 (Monmouth)
SYNOPSIS
Determines that certain Council on Affordable Housing regulations are not consistent with legislative intent.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
A Concurrent Resolution calling for the rescission of agency rules pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey.
Whereas, The Council on Affordable Housing (COAH) is directed by its enabling act, the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.), to calculate regional and State affordable housing need based on census data and certain projections made by the State Planning Commission; and
Whereas, The Legislature has not authorized municipalities to impose fees upon residential or nonresidential developers under the Fair Housing Act; and
Whereas, COAH has adopted regulations which establish a growth share method of calculating affordable housing need, which method requires the production of affordable housing units upon the production of market-rate residential development, or upon the construction of non-residential development, and the collection of sizable fees from the builders of such developments, this method is in stark contrast to the enabling act, which sets forth a method by which a municipality is permitted to determine its own affordable housing needs, based on the projections required to be made by the council in the manner dictated under the act; and
Whereas, The Council on Affordable Housing is without lawful authority under State law to authorize the imposition of fees by municipalities upon developers of residential or commercial construction, or alter the methodology for calculating the fair share obligation in a manner varying greatly from the methodology outlined in the Fair Housing Act; now, therefore
Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):
1. Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Legislature may review any rule or regulation of an administrative agency to determine if the rule or regulation is consistent with the intent of the Legislature.
2. The Legislature finds that certain regulations promulgated and proposed by the Council on Affordable Housing:
a. Are outside of the scope of the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.), which is to assist municipalities in meeting a constitutional obligation to provide, through land use regulations, a realistic opportunity for a fair share of its region's present and prospective need for housing for low and moderate income families, in that the rules foster the collection of fees rather than fostering proper zoning practices;
b. Are not consistent with the legislative intent of section 11 of the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-311), which states that a municipality shall not be required to utilize its own funds or raise revenues in order to comply the act;
c. Did not consider the effect on small businesses wishing to expand or start up, who will be forced to pay significant development fees or in lieu of building payments for the ability to expand or start up, in violation of the intent of the regulatory flexibility analysis required to be conducted by the agency pursuant to the "New Jersey Regulatory Flexibility Act," P.L.1986, c.169 (C.52:14B-16).
3. The Secretary of the Senate and the Clerk of the General Assembly shall transmit a duly authenticated copy of this concurrent resolution to the Governor, the Commissioner of Community Affairs and the Council on Affordable Housing.
4. The Council on Affordable Housing shall, pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, have 30 days following transmittal of this resolution to amend or withdraw the regulations or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the regulations or prohibit those proposed regulations from taking effect.
STATEMENT
This concurrent resolution expresses the finding of the Legislature that certain regulations of the Council on Affordable Housing are outside of the scope of the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.), which is to assist municipalities in meeting a constitutional obligation to provide, through land use regulations, a realistic opportunity for a fair share of its region's present and prospective need for housing for low and moderate income families. The rules foster the collection of fees rather than fostering proper zoning practices.
Furthermore, by characterizing the municipal obligation as a financial one, the rules are not consistent with the legislative intent of section 11 of the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-311), which states that a municipality shall not be required to utilize its own funds or raise revenues in order to comply the act.
