Bill Text: NJ ACR20 | 2012-2013 | Regular Session | Introduced

---

Bill Title: Clarifies constitutional obligation of municipalities regarding affordable housing.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Housing and Local Government Committee [ACR20 Detail]

Download: New_Jersey-2012-ACR20-Introduced.html

---

ASSEMBLY CONCURRENT RESOLUTION No. 20

STATE OF NEW JERSEY

215th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

 

 

Sponsored by:

Assemblyman  JOHN F. AMODEO

District 2 (Atlantic)

Assemblyman  CHRIS BROWN

District 2 (Atlantic)

 

Co-Sponsored by:

Assemblywoman Casagrande

 

 

 

 

SYNOPSIS

     Clarifies constitutional obligation of municipalities regarding affordable housing.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  

A Concurrent Resolution proposing to amend 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

 

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

     2.  a.  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.

     b.  The Legislature shall enact general laws defining discriminatory practices in the exercise of land use powers by municipalities, particularly those actions that are deemed not to foster realistic opportunities for the development of affordable housing for lower income families.  In furtherance of this subparagraph, the Legislature also shall enact general laws prohibiting exclusionary zoning, which shall mean land use actions which foster the production of market-rate housing and commercial development to the exclusion of affordable housing for lower income families, the exclusion of zones for multiple-family dwellings, zoning for residential densities which will not permit the production of affordable housing for lower income families, and the adoption by municipalities of timed-growth zoning ordinances which effectively place a moratorium on the construction of housing for a period of time which is not limited by the existence of an emergency.  Any laws so enacted also shall prohibit the imposition of any fee on any developer for the purpose of funding affordable housing.  Such laws shall be subject to repeal or alteration by the Legislature.  A court shall only grant relief under a claim of exclusionary zoning if such zoning is determined to meet the definition of exclusionary zoning as set forth in this subparagraph and the laws hereby authorized.

(cf:  Article IV, Section VI, paragraph 2)

     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 AMENDMENT CLARIFYING MUNICIPAL OBLIGATION TO PROVIDE REALISTIC AFFORDABLE HOUSING OPPORTUNITIES
	YES	Shall the proposed amendment to Article IV, Section VI, paragraph 2 of the New Jersey Constitution, agreed to by the Legislature, which requires the Legislature to enact general laws defining discriminatory practices in the exercise of land use powers by municipalities, particularly those actions that are deemed not to foster realistic opportunities for the development of affordable housing for lower income families; prohibiting exclusionary zoning and the imposition of any fee on any developer for the purpose of funding affordable housing; and requiring that a court shall only grant relief under a claim of exclusionary zoning if the zoning is determined to meet the definition of exclusionary zoning as set forth in the proposed amendment and the laws enacted in accordance with the amendment, be approved?

 

		INTERPRETIVE STATEMENT
	NO	Approval of this proposed amendment will require the Legislature to enact laws defining discriminatory practices in the exercise of land use powers by municipalities, particularly those actions that are deemed not to foster realistic opportunities for the development of affordable housing for lower income families.  Approval of the proposed amendment would also require the Legislature to enact laws prohibiting exclusionary zoning, which the proposed amendment defines as land use actions which:  foster the production of market-rate housing and commercial development to the exclusion of affordable housing for low- and moderate-income families; exclude zones for multiple-family dwellings; zone for residential densities which will not permit the production of affordable housing for low- and moderate-income families; and enact timed-growth zoning ordinances which effectively place a moratorium on the construction of housing for a period of time which is not limited by the existence of an emergency.  The proposed amendment would also prohibit the imposition of any fee on any developer for the purpose of funding affordable housing.  The language of the proposed amendment also restricts court action granting relief under a claim of exclusionary zoning to those cases where the zoning is determined to meet the constitutional definition of exclusionary zoning proposed by this amendment and the laws adopted in accordance with it.

 

 

STATEMENT

 

     If approved by the voters of the State, this proposed constitutional amendment would clarify the constitutional obligation of municipalities to provide realistic opportunities for affordable housing for the State's low- and moderate-income families determined by the Supreme Court in Mount Laurel I, Southern Burlington County N.A.A.C.P. v. Township of Mount Laurel, 67 N.J. 151 (1975).  The language of this proposed amendment would return the focus of this Court-determined municipal obligation to providing zoning opportunities for affordable housing, a reversal of the current regulations adopted by the Council on Affordable Housing which require that municipalities must provide for the construction of actual units of affordable housing for low and moderate-income New Jersey families.

     The proposed amendment would require the Legislature to statutorily define discriminatory practices in the exercise of land use powers by municipalities, especially those actions that are deemed not to foster realistic opportunities for the development of affordable housing for lower income families.  The amendment would also require the Legislature to prohibit exclusionary zoning, and defines that term to mean land use actions which: foster the production of market-rate housing and commercial development to the exclusion of affordable housing for lower income families, exclude zones for multiple-family dwellings, provide for residential densities which will not permit the production of affordable housing for lower income families, and the adoption of timed-growth zoning ordinances which effectively place a moratorium on the construction of housing for a period of time which is not limited by the existence of an emergency.  The proposed amendment would also prohibit the imposition of any fee on any developer for the purpose of funding affordable housing.  Such fees were authorized by the Legislature recently pursuant to the enactment of P.L.2008, c.46.

     The proposed language of the amendment would also permit a court to grant relief under a claim of exclusionary zoning only if the zoning is determined to meet the definition of exclusionary zoning proposed in the amendment and the laws adopted in accordance with it.