Bill Text: NJ S4013 | 2020-2021 | Regular Session | Introduced
Bill Title: Imposes moratorium on affordable housing litigation until December 31, 2028.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-06-28 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S4013 Detail]
Download: New_Jersey-2020-S4013-Introduced.html
Sponsored by:
Senator JOSEPH PENNACCHIO
District 26 (Essex, Morris and Passaic)
SYNOPSIS
Imposes moratorium on affordable housing litigation until December 31, 2028.
CURRENT VERSION OF TEXT
As introduced.
An Act imposing a temporary moratorium on affordable housing litigation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Any litigation or action concerning the obligation of a municipality to provide its fair share of affordable housing for the 10-year period beginning in 2025 pursuant to P.L. 2001, c.435 (C.52:27D-307) and the Supreme Court's decision in In re N.J.A.C. 5:96 & 5:97, 221 N.J. 1 (2015), also known as the "Fourth Round" of affordable housing obligations, shall not commence until January 1, 2029.
b. Nothing in this act shall be construed to impair or affect in any way any judgement or settlement of any litigation or action concerning the obligation of a municipality to provide its fair share of affordable housing that was issued or executed prior to the effective date of this act.
2. This act shall take effect immediately and shall expire on December 31, 2028.
STATEMENT
This bill would impose a moratorium on affordable housing litigation in the State in order to provide the Legislature an opportunity to craft an alternative to litigation for the Fourth Round of affordable housing obligations set to begin in 2025.
Litigation over fair share affordable housing obligations has been ongoing for decades, yet has produced little affordable housing or clarity on the issue. This litigation has been a great expense to municipalities that is ultimately borne by the taxpayers. Moreover, as the Supreme Court of New Jersey has recognized, the myriad of issues concerning affordable housing are policy matters best left to the purview of the Legislature. Accordingly, it is appropriate and fitting and in the public interest to pause litigation regarding the Fourth Round of municipal affordable housing obligations in order to allow for the development of new guidelines that will determine affordable housing obligations in a more efficient manner.
In addition, the current high
cost of and demand for construction materials related to the COVID-19 pandemic
has made it exceedingly difficult to produce the actual affordable housing
sought by litigation.
Delaying the start of the Fourth Round of affordable housing obligations will allow market forces affecting the cost of building materials to normalize in a more stable post-pandemic economy, and thereby allow for a more realistic opportunity to create actual affordable housing.
The moratorium would be effective from the date that the bill is enacted through December 31, 2028.
