Bill Text: NJ S268 | 2018-2019 | Regular Session | Introduced
Bill Title: Imposes moratorium on affordable housing litigation through December 31, 2017.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2018-01-09 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S268 Detail]
Download: New_Jersey-2018-S268-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Senator GERALD CARDINALE
District 39 (Bergen and Passaic)
Co-Sponsored by:
Senators Bateman and A.R.Bucco
SYNOPSIS
Imposes moratorium on affordable housing litigation through December 31, 2017.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act imposing a short-term 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 that is pending before the courts of this State on the effective date of this act shall be stayed until the expiration of this act.
b. Any litigation or action concerning the obligation of a municipality to provide its fair share of affordable housing shall not be commenced in the courts of this State on or after the effective date of this act until the expiration of this act.
c. Nothing in this act shall be construed to impair or affect in any way any judgment 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 after December 31, 2017.
STATEMENT
This bill would impose a short-term moratorium on affordable housing litigation in the State in order to provide the Legislature an opportunity to craft an alternative to litigation. Litigation over the fair share affordable housing obligations of municipalities has been ongoing for decades, yet has produced little affordable housing and little clarity on the issue. Further, all this litigation has been a great expense to municipalities that is ultimately borne by the taxpayers.
Moreover, as recognized by the Supreme Court of New Jersey, the myriad issues concerning affordable housing are policy matters best left to the Legislature to address. Accordingly, it is appropriate and fitting, and in the public interest, to temporarily pause the current spate of litigation over municipalities' affordable housing obligations to allow the Legislature to develop new guidelines that account for present-day needs and realities, and that can determine affordable housing obligations in an efficient manner.
The moratorium would be effective from the date that the bill is enacted through December 31, 2017.
