Prohibits imposition of builder's remedy in exclusionary zoning litigation.
Impact
If enacted, A972 is likely to directly affect how municipalities manage their zoning regulations and respond to litigation concerning affordable housing. By eliminating the builder's remedy—an incentive for developers to provide market-rate housing—it compels localities to seek alternative remedies when they fall short of their housing obligations. Notably, this move underscores a shift in strategy towards enhancing the availability of affordable housing rather than facilitating the growth of market-rate developments which do not serve the lower-income population adequately.
Summary
Assembly Bill A972 seeks to abolish the imposition of the builder's remedy in exclusionary zoning litigation. The builder's remedy has been criticized for enabling the creation of an excessive amount of market-rate housing in densely populated areas, ultimately hindering the development of affordable housing. The legislation reflects a preference for resolving disputes regarding exclusionary zoning through mediation rather than through court-imposed solutions, as currently practiced. The New Jersey Legislature acknowledges the inadequacies that municipalities have faced in meeting the state's affordable housing obligations over the last forty years.
Contention
Opponents of the bill may argue that restricting the builder's remedy could remove a valuable tool that developers use to negotiate zoning changes that could ultimately lead to some level of new housing construction. Supporters, however, contend that this legal mechanism has failed to produce sufficient affordable housing and that it has primarily benefitted profit-oriented developers. The bill seeks to create a more balanced approach by potentially leading to other remedies that may be more conducive to enhancing affordable housing availability and meeting the needs of low and moderate-income residents.
Proposes amendment to New Jersey Constitution to prohibit exclusionary zoning and clarify municipal obligations regarding affordable housing construction.
Proposes amendment to New Jersey Constitution to prohibit exclusionary zoning and clarify municipal obligations regarding affordable housing construction.
Authorizes proportional property tax exemption for honorably discharged veterans having a service-connected permanent disability and proclaims that the State shall reimburse municipalities for cost of exemption.
In general provisions relating to residential real property, further providing for definitions; and, in seller disclosures, further providing for application of chapter and providing for disclosure of construction defects.
Increasing the supply of condominiums by expanding the types of condominium buildings that may be subject to an express warranty of quality and express warranty insurance coverage.