New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill ACR25

Introduced
1/11/22  

Caption

Proposes amendment to New Jersey Constitution to prohibit exclusionary zoning and clarify municipal obligations regarding affordable housing construction.

Impact

This legislative proposal has the potential to reshape the landscape of local zoning laws in New Jersey. By effectively nullifying the Mount Laurel doctrine, which historically mandated that municipalities provide affordable housing, ACR25 seeks to alleviate the burden of forced construction of specific housing projects while simultaneously addressing the issue of exclusionary practices. This shift may result in a decrease in the litigation surrounding municipal housing obligations, as towns will not face the necessity to create specific projects in response to court orders.

Summary

ACR25 proposes an amendment to the New Jersey Constitution aimed at prohibiting exclusionary zoning practices by municipalities. The bill articulates that the Legislature may enact laws allowing municipalities to regulate land use while explicitly banning any zoning that would prevent the development of housing for low and moderate-income residents. Significantly, the amendment does not impose an obligation on municipalities to construct affordable housing but seeks to clarify their zoning authority to avoid discrimination in housing availability.

Contention

The amendment has sparked debates among various stakeholders regarding its implications. Supporters argue that it opens up opportunities for fairer housing practices and alleviates financial pressure on municipalities. Critics, however, contend that it could worsen the shortage of affordable housing by allowing towns to sidestep their responsibilities toward addressing housing equity. The discussions surrounding ACR25 highlight the balance that must be struck between local control and the need for inclusive housing solutions in a continuously changing demographic landscape.

Companion Bills

NJ SCR98

Same As Proposes amendment to New Jersey Constitution to prohibit exclusionary zoning and clarify municipal obligations regarding affordable housing construction.

Previously Filed As

NJ ACR138

Proposes amendment to New Jersey Constitution to prohibit exclusionary zoning and clarify municipal obligations regarding affordable housing construction.

NJ SCR52

Proposes amendment to New Jersey Constitution to prohibit exclusionary zoning and clarify municipal obligations regarding affordable housing construction.

NJ ACR139

Proposes constitutional amendment to require Statewide calculation of affordable housing obligation.

NJ SCR73

Proposes constitutional amendment to provide that only Legislature may determine affordable housing obligations.

NJ A628

Prohibits imposition of builder's remedy in exclusionary zoning litigation.

NJ SCR51

Proposes constitutional amendment to require Statewide calculation of affordable housing obligation.

NJ A4767

Requires affordable housing obligations of municipalities to be based on Statewide need.

NJ ACR31

Proposes constitutional amendment authorizing municipalities, by ordinance, to provide partial property tax exemption on primary residence of certain volunteer first responders.

NJ ACR49

Clarifies housing rights of State residents under State Constitution and prohibits laws requiring municipalities to provide housing opportunities through zoning and land use regulations.

NJ S2430

Clarifies scope of affordable housing obligations.

Similar Bills

NJ SCR52

Proposes amendment to New Jersey Constitution to prohibit exclusionary zoning and clarify municipal obligations regarding affordable housing construction.

NJ SCR18

Amends Constitution to prohibit construction of new fossil fuel power plants.

CA AB1971

Property tax: exclusion from reassessment: home hardening retrofitting improvements.

CA SB1352

Property taxation: newly constructed: reconstructed property.

NJ ACR138

Proposes amendment to New Jersey Constitution to prohibit exclusionary zoning and clarify municipal obligations regarding affordable housing construction.

CA SB974

Property taxation: change in ownership: generational transfers: special needs trusts.

CA SB710

Property taxation: active solar energy systems.

NJ ACR84

Proposes constitutional amendment granting property assessment reductions for certain improvements to dwelling houses to provide living quarters for senior citizen relatives.