Bill Text: NJ ACR19 | 2024-2025 | Regular Session | Introduced

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Bill Title: Clarifies housing rights of State residents under State Constitution and prohibits laws requiring municipalities to provide housing opportunities through zoning and land use regulations.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Housing Committee [ACR19 Detail]

Download: New_Jersey-2024-ACR19-Introduced.html

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ASSEMBLY CONCURRENT RESOLUTION No. 19

STATE OF NEW JERSEY

221st LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

 

 

Sponsored by:

Assemblyman  MICHAEL INGANAMORT

District 24 (Morris, Sussex and Warren)

Assemblywoman  DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

 

 

 

 

SYNOPSIS

     Clarifies housing rights of State residents under State Constitution and prohibits laws requiring municipalities to provide housing opportunities through zoning and land use regulations.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  

A Concurrent Resolution proposing to amend Article I, paragraph I and 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 hereby agreed to:

 

PROPOSED AMENDMENT

 

     a.     Amend Article I, Section I to read as follows:

     1.    All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness; except however, that any such rights found herein shall not obligate the State to establish any law to facilitate the availability of housing for all income levels in every municipality. 

 

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

     2.    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.  No law shall obligate or require any municipality to create, fund or implement any program to provide housing for all income levels by means of land use regulation, or by fee assessment.  The Legislature shall not adopt any law for the purpose of providing housing for all income levels that supersedes, overturns or interferes with a municipal zoning ordinance.

 

     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 AMENDMENTS REMOVING MUNICIPAL OBLIGATION TO PROVIDE REALISTIC HOUSING OPPORTUNITIES FOR ALL PERSONS THROUGH ZONING
	YES	Shall the amendment of Article I, paragraph 1 and Article IV, Section VI, paragraph 2 of the New Jersey Constitution, agreed to by the Legislature, which clarifies that there is no personal right to housing for all income levels in all municipalities, and that the Legislature shall not enact laws that require any municipality to provide housing for all income levels through zoning and land use regulation, be approved?
		INTERPRETIVE STATEMENT
	NO	Approval of these proposed amendments will clarify that there is no personal right to housing for all income levels in all municipalities, and that the Legislature shall not enact laws that require any municipality to provide housing for all income levels through zoning and land use regulation.  The intent of these proposed amendments is to remove the affordable housing obligations placed on municipalities as a result of the Mount Laurel cases.

 

 

STATEMENT

 

     If approved by the voters of the State, this proposed amendment of Article I, paragraph 1 and Article IV, Section VI, paragraph 2 of the New Jersey Constitution would remove the affordable housing obligations placed upon municipalities as a result of the Mount Laurel cases.  Approval of these proposed amendments will clarify that there is no personal right to housing for all income levels in all municipalities, and that the Legislature shall not enact laws that require any municipality to provide housing for all income levels through zoning and land use regulation.  The amendments further ensure that the Legislature shall not adopt any law for the purpose of providing housing for all income levels that supersedes, overturns or interferes with a municipal zoning ordinance.