New Jersey Assembly Bill A246

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

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.