New Jersey-2014-S2993-Introduced

An Act providing for the calculation of State-wide, regional and individual municipal affordable housing obligations and supplementing Title 52 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The Legislature finds and declares that:

a. On March 10, 2015, the Supreme Court issued a decision entitled, In the Matter of the Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing, 221 N.J. 1 (2015) ("In re COAH"). In this decision, the Court invalidated the "growth share" methodology established by the Council on Affordable Housing in its Third Round Rules, and (i) found that COAH had failed to fulfill its obligation to adopt regulations essential to the implementation of the FHA; (ii) ruled that, therefore, trial courts should take over various responsibilities COAH previously fulfilled; and (iii) sought to establish an appropriate procedure by which municipalities under COAH's jurisdiction could comply in a court proceeding;

b. The Supreme Court has determined that a trial court reviewing the submission of a municipality that had participating status before COAH will have to render an individualized assessment of the municipality's housing element and affordable housing plan based on the court's determination of present and prospective regional need for affordable housing applicable to that municipality;

c. There are some 314 municipalities, more than one-half of New Jersey municipalities, that "had participating status before COAH";

d. No municipality and no court can reasonably create or assess a municipality's housing element and affordable housing plan without knowing the municipality's share of the present and prospective regional need;

e. There are no current, objective, reliable calculations of the State-wide need for affordable housing, without which there cannot be any current, objective, or reliable calculations for regional or individual municipal need;

f. Without a mechanism for calculating current, objective, and reliable State-wide, regional and individual municipal needs, at a minimum every municipality that had participating status before COAH and wishes to avail itself of the possibility of an initial period of immunity, and of protection from ruinous costs and potential haphazard development as the result of builders' remedy lawsuits, will be forced to individually devote scarce municipal resources to the creation of what will inevitably be inconsistent calculations, all at great expense and without any corresponding benefit to the production of affordable housing;

g. There is a need for immediate State action to assure uniform calculation and implementation of affordable housing need;

h. The Edward J. Bloustein School of Planning and Public Policy has agreed to undertake the calculation of current, objective and reliable State-wide, regional and individual municipal needs for affordable housing at the request of the Legislature;

i. The Edward J. Bloustein School of Planning and Public Policy of Rutgers, the State University of New Jersey, is uniquely capable of undertaking the task of calculating current, objective, and reliable State-wide, regional, and individual municipal needs for affordable housing.

2. The Edward J. Bloustein School of Planning and Public Policy of Rutgers, the State University of New Jersey is designated as the State's agent to, consistent with the methodology and process approved by the New Jersey Supreme Court under In the Matter of the Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing, 221 N.J. 1 (2015):

a. calculate, from the best currently-available information, an objective determination of present State-wide need for affordable housing;

b. from the State-wide need, calculate an objective determination of need for each of the housing regions previously established by the Council on Affordable Housing; and

c. from each regional need, calculate the individual municipal need for each municipality within each region.

3. a. The Bloustein School shall undertake and carry out its responsibilities in accordance with P.L. , c. (C. ) (pending before the Legislature as this bill) as soon as practicable.

b. The Bloustein School shall provide to the Legislature and publish a set of proposed calculations of State-wide, regional, and individual municipal need not later than 180 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).

c. The Bloustein school shall thereafter hold a public hearing at a place and time that it shall designate, and it shall accept written comments for a period of 60 days.

d. Following the public hearing and its review of written comments, the Bloustein School shall, with or without revisions, adopt a final set of calculations of State-wide, regional and individual municipal need.

e. The Bloustein School shall provide to the Legislature and publish its final calculations of State-wide, regional, and individual municipal need not later than 300 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).

4. No court shall directly or indirectly assign to any municipality of this State an obligation for affordable housing, nor shall any court enter against any municipality of this State a preliminary or final judgment invalidating the municipality's zoning ordinance, or for what is commonly known as a "builders' remedy," without giving due consideration to the municipality's need for affordable housing as calculated by the Bloustein School pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

5. This act shall take effect immediately.

STATEMENT

This bill authorizes the Edward J. Bloustein School of Planning and Public Policy of Rutgers, the State University of New Jersey, to undertake the task of calculating current, objective, and reliable State-wide, regional, and individual municipal needs for affordable housing.

The New Jersey Supreme Court recently directed the trial courts to perform this function, however, the Edward J. Bloustein School of Planning and Public Policy has agreed to perform this function at the request of the Legislature, so as to provide fairness to the process, clarity to municipalities, and relieve the burden from the Judiciary.