Bill Text: NJ S3312 | 2024-2025 | Regular Session | Introduced
Bill Title: Establishes process to exempt municipality from certain fair share affordable housing obligations based on flood risk.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-06-03 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S3312 Detail]
Download: New_Jersey-2024-S3312-Introduced.html
Sponsored by:
Senator KRISTIN M. CORRADO
District 40 (Bergen, Essex and Passaic)
SYNOPSIS
Establishes process to exempt municipality from certain fair share affordable housing obligations based on flood risk.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning exemptions to affordable housing obligations based on flood risk, and supplementing P.L.1985, c.222.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The Commissioner of Community Affairs, in accordance with the rules and regulations adopted pursuant to subsection b. of this section, shall exempt a municipality from any responsibility for a present and prospective fair share obligation, including any unfulfilled prior round obligation and gap period obligation, if the Department of Community Affairs determines to designate the municipality as extensively flood-prone.
b. On or before the first day of the third month next following the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the commissioner, in consultation with the Commissioner of Environmental Protection, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to determine municipal exemptions from municipal fair share obligations based on the level of flood risk in a municipality. The rules and regulations adopted pursuant to this section shall serve to determine if a municipality shall be designated as extensively flood-prone, and thereby exempt from a fair share obligation, based on flood insurance paid by property owners, the number of repetitive loss and severe repetitive loss properties in the municipality relative to the size of the municipality, and other relevant information accessible to the commissioner.
2. This act shall take effect immediately.
STATEMENT
This bill would direct the Commissioner of Community Affairs to exempt a municipality from any responsibility for a fair share affordable housing obligation if the municipality is designated by the council or its successor as extensively flood-prone. This exemption would have the effect of protecting a municipality from any potential builder's remedy action to compel housing construction.
The "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.), establishes that a municipality has an obligation to provide for a fair share of the need for affordable housing in its region. However, this statute has allowed for adjustments to be made to a municipality's obligation based on certain factors, such as needs for historic preservation and environmental protection.
This bill would direct the Commissioner of Community Affairs, in consultation with the Commissioner of Environmental Protection, to adopt rules and regulations to exempt certain municipalities from municipal fair share obligations based flood risk. These rules and regulations would, in compliance with appropriate criteria, designate certain municipalities as extensively flood-prone, and thereby exempt from a fair share obligation, including any present and prospective obligation, unfulfilled prior round obligation, and gap period obligation. The bill requires the rules and regulations to be based on flood insurance paid by property owners, the number of repetitive loss and severe repetitive loss properties in a municipality relative to the size of the municipality, and other relevant information. The bill directs the commissioner to adopt rules and regulations by the first day of the third month following enactment.
