Bill Text: NJ S1749 | 2010-2011 | Regular Session | Introduced


Bill Title: Requires under "Fair Housing Act" that 25 percent of affordable housing be reserved for very low income households.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-15 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S1749 Detail]

Download: New_Jersey-2010-S1749-Introduced.html

SENATE, No. 1749

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED MARCH 15, 2010

 


 

Sponsored by:

Senator  SHIRLEY K. TURNER

District 15 (Mercer)

 

 

 

 

SYNOPSIS

     Requires under "Fair Housing Act" that 25 percent of affordable housing be reserved for very low income households.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning affordable housing and amending P.L.2008, c.46.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 7 of P.L.2008, c.46 (C.52:27D-329.1) is amended to read as follows:

     7.    [The council shall coordinate and review the housing elements as filed pursuant to section 11 of P.L.1985, c.222 (C.52:27D-311), and the housing activities under section 20 of P.L.1985, c.222 (C.52:27D-320), at least once every three years, to ensure that at least 13 percent of the housing units made available for occupancy by] Whenever housing is provided and reserved for low-income and moderate income households [will] pursuant to P.L.1985, c.222 (C.52:27D-301 et al.), at least 25 percent of those units shall be reserved for [occupancy by] very low income [households] housing, as that term is defined pursuant to section 4 of P.L.1985, c.222 (C.52:27D-304).  [Nothing in this section shall require that a specific percentage of the units in any specific project be reserved as very low income housing; provided, however, that a municipality shall not receive bonus credits for the provision of housing units reserved for occupancy by very low income households unless the 13 percent target has been exceeded within that municipality.  The council shall coordinate all efforts to meet the goal of this section in a manner that will result in a balanced number of housing units being reserved for very low income households throughout all housing regions.  For the purposes of this section, housing activities under section 20 of P.L.1985, c.222 (C.52:27D-320) shall include any project-based assistance provided from the "New Jersey Affordable Housing Trust Fund" pursuant to P.L.2004, c.140 (C.52:27D-287.1 et al.), regardless of whether the housing activity is counted toward the municipal obligation under the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.).]

(cf: P.L.2008, c.46, s.7)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would amend a provision of the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.) to require that whenever housing is provided and reserved for low income and moderate
income households, at least 25 percent of the housing units must be reserved for very low income housing.  The term "very low income housing" is defined under the "Fair Housing Act" to mean housing affordable for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to 30% or less of the median gross household income for households of the same size within the housing region in which the housing is located.

     Under current law, the "Fair Housing Act" establishes a general goal that at least 13 percent of affordable housing produced Statewide should be reserved for very low income households, but does not require a percentage of affordable housing produced in a specific project or municipality to be reserved for very low income households.  This bill will replace that provision by requiring that whenever housing is provided and reserved for low income and moderate income households, at least 25 percent of those units must be reserved as very low income housing.

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