ASSEMBLY, No. 4666

STATE OF NEW JERSEY

217th LEGISLATURE

INTRODUCED MARCH 6, 2017

 


 

Sponsored by:

Assemblywoman† HOLLY SCHEPISI

District 39 (Bergen and Passaic)

Assemblyman† REED GUSCIORA

District 15 (Hunterdon and Mercer)

Assemblyman† ROBERT AUTH

District 39 (Bergen and Passaic)

Assemblyman† KEVIN J. ROONEY

District 40 (Bergen, Essex, Morris and Passaic)

Assemblyman† ANTHONY M. BUCCO

District 25 (Morris and Somerset)

Assemblywoman† AMY H. HANDLIN

District 13 (Monmouth)

 

Co-Sponsored by:

Assemblywoman B.DeCroce, Assemblymen Space, Wolfe, McGuckin and Assemblywoman Rodriguez-Gregg

 

 

 

 

SYNOPSIS

†††† Imposes moratorium on affordable housing litigation through December 31, 2017.

 

CURRENT VERSION OF TEXT

†††† As introduced.

 


An Act imposing a short-term moratorium on affordable housing litigation.

 

†††† Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

†††† 1.† a.† Any litigation or action concerning the obligation of a municipality to provide its fair share of affordable housing that is pending before the courts of this State on the effective date of this act shall be stayed until the expiration of this act.

†††† b.† Any litigation or action concerning the obligation of a municipality to provide its fair share of affordable housing shall not be commenced in the courts of this State on or after the effective date of this act until the expiration of this act.

†††† c.† Nothing in this act shall be construed to impair or affect in any way any judgment or settlement of any litigation or action concerning the obligation of a municipality to provide its fair share of affordable housing that was issued or executed prior to the effective date of this act.

 

†††† 2. †This act shall take effect immediately and shall expire after December 31, 2017.

 

 

STATEMENT

 

†††† This bill would impose a short-term moratorium on affordable housing litigation in the State in order to provide the Legislature an opportunity to craft an alternative to litigation.† Litigation over the fair share affordable housing obligations of municipalities has been ongoing for decades, yet has produced little affordable housing and little clarity on the issue.† Further, all this litigation has been a great expense to municipalities that is ultimately borne by the taxpayers.

†††† Moreover, as recognized by the Supreme Court of New Jersey, the myriad issues concerning affordable housing are policy matters best left to the Legislature to address.† Accordingly, it is appropriate and fitting, and in the public interest, to temporarily pause the current spate of litigation over municipalitiesí affordable housing obligations to allow the Legislature to develop new guidelines that account for present-day needs and realities, and that can determine affordable housing obligations in an efficient manner.

†††† The moratorium would be effective from the date that the bill is enacted through December 31, 2017.