ACR250

Sponsored by:

Assemblywoman HOLLY SCHEPISI

District 39 (Bergen and Passaic)

Assemblywoman BETTYLOU DECROCE

District 26 (Essex, Morris and Passaic)

Assemblyman ANTHONY M. BUCCO

District 25 (Morris and Somerset)

Co-Sponsored by:

Assemblywoman N.Munoz, Assemblymen McGuckin, DiMaio, Clifton, Ciattarelli, Rooney, C.A.Brown and Bramnick

SYNOPSIS

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

CURRENT VERSION OF TEXT

As introduced.

A Concurrent Resolution proposing to amend Article IV, Section VI, paragraph 2 of the New Jersey Constitution.

Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

1. The following proposed amendment to the Constitution of the State of New Jersey is agreed to:

PROPOSED AMENDMENT

Amend Article IV, Section VI, paragraph 2 to read as follows:

2. a. The Legislature may enact general laws under which municipalities, other than counties, may adopt zoning ordinances limiting and restricting to specified districts and regulating therein, buildings and structures, according to their construction, and the nature and extent of their use, and the nature and extent of the uses of land, and the exercise of such authority shall be deemed to be within the police power of the State. Such laws shall be subject to repeal or alteration by the Legislature.

b. The Legislature shall enact general laws that provide for the determination of the affordable housing needs of the entire State. This Statewide affordable housing need determination shall not be based on regional housing needs. The Statewide affordable housing need determination shall constitute the exclusive affordable housing obligation required by this Constitution.

(cf: Art. IV, Sec. VI, par. 2)

2. When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

3. This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

There shall be printed on each official ballot to be used at the general election, the following:

a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

b. In every municipality the following question:

		CONSTITUTIONAL AMENDMENT TO ESTABLISH STATEWIDE AFFORDABLE HOUSING OBLIGATION
	YES	Do you approve amending the Constitution to change the way that the affordable housing obligations of towns are determined? This amendment would require that these obligations be based on the housing needs of the whole State. Currently, these obligations are based on regional housing needs. This amendment would require the calculation of a single number of all affordable housing units needed for the whole State. This Statewide need would represent all the affordable housing required by the Constitution.
		INTERPRETIVE STATEMENT
	NO	This amendment would change the way that the affordable housing obligations of towns are determined. Currently, these obligations are based on regional housing needs. This amendment would remove that requirement. The amendment instead requires that these obligations be based on the housing needs of the whole State. The amendment requires the Legislature to pass laws to create the process for calculating the affordable housing needs of the whole State. This Statewide need would represent all the affordable housing required by the Constitution.

STATEMENT

This amendment to the State Constitution would require that the constitutional affordable housing obligation be calculated at the State level. Currently, municipal affordable housing obligations mandated by the State Constitution are calculated based upon regional housing needs. This amendment would eliminate that requirement. Accordingly, any affordable housing obligation placed on a municipality would no longer be based on regional housing needs. Instead, this amendment would require the Legislature to pass laws providing for the calculation of the affordable housing needs of the entire State. This single number calculation of affordable housing units needed Statewide would represent the exclusive affordable housing obligation required by the State Constitution.