New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S601

Introduced
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

The bill establishes a cap on the number of affordable housing units a municipality must assume based on its population size. Presently, municipalities must address an average of 1,000 low and moderate income units within ten years unless a municipality is found capable of supporting more units through its zoning laws. This new cap limits any potential increase in a municipality’s population by more than five percent due to new housing obligations. This limitation is designed to prevent the overwhelming impact on smaller communities that could arise from large numbers of new developments.

Summary

Senate Bill S601 amends New Jersey's affordable housing regulations, allowing municipalities to challenge orders from the Council on Affordable Housing (COAH) regarding non-redevelopment housing projects. A municipal challenge would succeed unless the order is supported by evidence of exclusionary zoning practices occurring in the municipality at the time. This provision aims to give local governments more control over housing development, particularly on undeveloped land, which has been a point of contention in the state’s housing strategy.

Contention

A significant aspect of S601 is its exclusion of flood-prone land from calculations of a municipality's available land for affordable housing. This includes land below flood elevation standards and property designated near critical water sources as stipulated by the Department of Environmental Protection. The exclusion aims to align housing development with environmental safety, but may raise concerns among stakeholders who argue that it could limit available sites for needed housing developments, particularly in regions with limited land options.

Companion Bills

NJ A246

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.

Previously Filed As

NJ A4764

Excludes flood-prone land from affordable housing vacant land analysis; provides housing obligation cap.

NJ S1949

Requires COAH to administer affordable housing obligations of municipalities based on Statewide obligation.

NJ A226

Establishes process to exempt municipality from certain fair share affordable housing obligations based on flood risk.

NJ S1097

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.

NJ S1098

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.

NJ A3825

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.

NJ A4767

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

NJ A4765

Establishes additional factors for municipal adjustment used in calculating fair share affordable housing obligations; provides population-based cap for housing obligations.

NJ S2332

Excludes environmentally sensitive and flood-prone land from designation as vacant or available for purposes of affordable housing construction.

NJ S3255

Establishes process to exempt municipality from certain fair share affordable housing obligations based on flood risk.

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