Authorizes municipal challenge to non-redevelopment housing projects ordered by COAH unless order is based on exclusionary zoning; excludes flood-prone land from affordable housing vacant land analysis; provides housing obligation cap.
Impact
Another significant change introduced in the bill is the exclusion of flood-prone lands from calculations of available land resources for affordable housing. By doing this, the bill ensures that municipalities are not penalized for environmental factors that limit land availability for development. Current laws typically assign a substantial number of affordable housing units to municipalities up to 1,000, which can significantly impact small communities. However, A246 proposes an adjustment where increases in required units will be capped to prevent populations from ballooning disproportionately in smaller municipalities.
Summary
Assembly Bill A246 seeks to amend the laws surrounding affordable housing in New Jersey by granting municipalities the right to challenge orders made by the Council on Affordable Housing (COAH) regarding non-redevelopment housing projects. The bill specifies that such challenges would be valid unless the COAH's orders are based on exclusionary zoning practices within the municipalities. This introduces a new layer of local governance and oversight on housing decisions mandated by a state authority. The bill also aims to manage the number of affordable housing units required from municipalities by capping the allocation relative to the size of the population, therefore taking into account the existing demographic landscape.
Contention
The assembly discussions surrounding A246 highlighted concerns from various stakeholders—including local governments and housing advocacy groups—regarding the implications of allowing municipalities to challenge COAH decisions. Proponents argue it empowers local governance, while opponents claim it might lead to reduced affordable housing availability in regions that critically need it. Notably, the exclusion of flood-prone land may help protect environmental integrity but may also lead to disputes about which land qualifies as 'flood-prone.' This provision and its implementation could generate contentious debates among local governments, state agencies, and environmental groups.
Same As
Authorizes municipal challenge to non-redevelopment housing projects ordered by COAH unless order is based on exclusionary zoning; excludes flood-prone land from affordable housing vacant land analysis; provides housing obligation cap.
Requires COAH to credit municipalities with units against fair share affordable housing obligation for certain types of housing; provides certain types of affordable housing units will be credited as two units.
Authorizes COAH to credit municipalities with 1.5 units of fair share affordable housing obligation for each unit of transitional housing occupied by a veteran.
Authorizes COAH to credit municipalities with 1.5 units of fair share affordable housing obligation for each housing unit occupied by a veteran; permits municipalities to satisfy fair share affordable housing obligation through 35 percent set aside for veterans.
Establishes additional factors for municipal adjustment used in calculating fair share affordable housing obligations; provides population-based cap for housing obligations.
Facilitates changes to certain terms of State or federal tenant-based housing subsidy due to increase in household members, emergency conditions, and financial barriers faced by head-of-household.