Clarifies housing rights of State residents under State Constitution and prohibits laws requiring municipalities to provide housing opportunities through zoning and land use regulations.
Impact
The proposed changes to the state constitution would effectively remove the obligations that municipalities have previously had regarding affordable housing, especially those arising from past court rulings, notably the Mount Laurel cases. This resolution will establish that while municipalities have the authority to enact zoning ordinances, they cannot be compelled by state law to create housing for low or moderate-income residents. As a result, it centralizes housing regulations to the state level and eliminates municipal responsibilities to facilitate housing for all income levels.
Summary
ACR19, also known as Assembly Concurrent Resolution No. 19, is a bill proposed in the New Jersey Legislature that seeks to clarify housing rights under the State Constitution. Specifically, the bill proposes to amend Articles I and IV of the New Jersey Constitution to dictate that no person has a right to housing across income levels in every municipality. Furthermore, the bill states that the State shall not be required to enact laws to ensure the availability of housing for all income levels, thereby limiting the role of municipalities in providing housing through land use regulations and zoning ordinances.
Contention
Notably, ACR19 has been met with some contention as it could significantly affect low-income residents seeking housing options in varied municipalities. Critics might argue that the resolution could exacerbate the housing crisis by diminishing the obligations of local governments to provide affordable housing solutions. By delineating that no law can impose such responsibilities on municipalities, the bill could reduce the availability of housing opportunities for lower-income individuals, which may spark debate among legislators and housing advocates regarding its social implications.
Carry Over
Clarifies housing rights of State residents under State Constitution and prohibits laws requiring municipalities to provide housing opportunities through zoning and land use regulations.
Clarifies housing rights of State residents under State Constitution and prohibits laws requiring municipalities to provide housing opportunities through zoning and land use regulations.
Prohibits State departments and agencies from considering or requiring compliance by Highlands planning area municipalities with Highlands regional master plan in certain circumstances.
Authorizes municipalities that petition for or receive substantive certification pursuant to the "Fair Housing Act" to make certain affordable housing units available on a preferential basis to certain eligible persons.
Proposes constitutional amendment to provide registered voters with right to cast ballot in person at polling place on election day; requires mail-in ballot request before voter receives mail-in ballot.