Senator JOSEPH PENNACCHIO
District 26 (Essex, Morris and Passaic)
Senator NELLIE POU
District 35 (Bergen and Passaic)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblywoman MILA M. JASEY
District 27 (Essex and Morris)
Assemblywoman ANGELA V. MCKNIGHT
District 31 (Hudson)
Establishes Multigenerational Family Housing Continuity Commission; provides municipal guidance to periodically analyze local advancement of commission’s senior citizen housing recommendations.
CURRENT VERSION OF TEXT
An Act establishing the Multigenerational Family Housing Continuity Commission, supplementing Title 52 of the Revised Statutes, and amending P.L.1985, c.222.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. The Multigenerational Family Housing Continuity Commission is created and established in the Executive Branch of the State Government. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the commission is allocated within the Department of Community Affairs, but notwithstanding this allocation, the commission shall be independent of any supervision or control by the department except as expressly authorized under P.L. , c. (C. ) (pending before the Legislature as this bill). The commission shall consist of nine members as follows:
(1) The Commissioner of Community Affairs, and the Commissioner of Human Services, or their designees, each of whom shall be nonvoting, ex-officio members of the commission.
(2) Seven public members shall be appointed by the Governor with the advice and consent of the Senate.
b. The Governor shall designate a public member to preside over the commission until a chair and vice-chair are elected by the members of the commission. The commission shall hold an organizational meeting within 30 days of the appointment of a majority of its authorized membership.
c. (1) Each public member of the commission shall serve for a term of three years, except that of the initial members so appointed: two members shall serve for terms of one year; three members shall serve for terms of two years; and the remaining appointees shall serve for terms of three years. Public members shall be eligible for reappointment. They shall serve until their successors are appointed and qualified, and the term of the successor of any incumbent shall be calculated from the expiration of the term of that incumbent. A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only.
(2) The members of the commission shall serve without compensation, but shall be entitled to reimbursement for all necessary expenses incurred in the performance of their duties. Each member of the commission may be removed from office by the Governor, for cause, upon notice and opportunity to be heard.
d. The commission shall elect annually a chair and vice-chair from among the public members of the commission, who shall serve for one year and until a successor is elected.
e. Four of the voting members of the commission shall constitute a quorum and a vote of the majority of the members present shall be necessary for any action taken by the commission.
f. The duties of the commission shall be as follows:
(1) To prepare and adopt recommendations on how State government, local government, community organizations, private entities, and community members may most effectively advance the goal of enabling senior citizens to reside at the homes of their extended families, thereby preserving and enhancing multigenerational family continuity, through the modification of State and local laws and policies in the areas of housing, land use planning, parking and streetscape planning, and other relevant areas.
(2) To hold such public hearings and other activities as may be desirable to ensure adequate public input into the preparation of recommendations, and increase public awareness of the strategies and activities contained in the recommendations.
g. The department shall provide such staff services as may be needed for the commission to carry out its responsibilities, including assembly of necessary information and statistics, and preparation of draft reports, analyses, and recommendations.
h. The commission shall report annually to the Governor and to each house of the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), its activities, as well as its findings and recommendations, if any, for State and local government.
i. As used in this section:
“Commission” means the Multigenerational Family Housing Continuity Commission.
“Department” means the Department of Community Affairs.
2. Section 10 of P.L.1985, c.222 (C.52:27D-310) is amended to read as follows:
10. A municipality's housing element shall be designed to achieve the goal of access to affordable housing to meet present and prospective housing needs, with particular attention to low and moderate income housing, and shall contain at least:
a. An inventory of the municipality's housing stock by age, condition, purchase or rental value, occupancy characteristics, and type, including the number of units affordable to low and moderate income households and substandard housing capable of being rehabilitated, and in conducting this inventory the municipality shall have access, on a confidential basis for the sole purpose of conducting the inventory, to all necessary property tax assessment records and information in the assessor's office, including but not limited to the property record cards;
b. A projection of the municipality's housing stock, including the probable future construction of low and moderate income housing, for the next ten years, taking into account, but not necessarily limited to, construction permits issued, approvals of applications for development and probable residential development of lands;
c. An analysis of the municipality's demographic characteristics, including but not necessarily limited to, household size, income level and age;
d. An analysis of the existing and probable future employment characteristics of the municipality;
e. A determination of the municipality's present and prospective fair share for low and moderate income housing and its capacity to accommodate its present and prospective housing needs, including its fair share for low and moderate income housing; [and]
f. A consideration of the lands that are most appropriate for construction of low and moderate income housing and of the existing structures most appropriate for conversion to, or rehabilitation for, low and moderate income housing, including a consideration of lands of developers who have expressed a commitment to provide low and moderate income housing; and
g. An analysis of the extent to which municipal ordinances and other local factors advance or detract from the goal of preserving multigenerational family continuity as expressed in the recommendations of the Multigenerational Family Housing Continuity Commission, adopted pursuant to paragraph (1) of subsection f. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2001, c.435, s.2)
3. This act shall take effect immediately.
This bill would establish the “Multigenerational Family Housing Continuity Commission” for the purpose of conducting research, obtaining public input, and adopting recommendations on how to most effectively advance the goal of enhancing multigenerational family housing continuity, which can be defined broadly as the degree to which senior citizens are able to reside at the homes of their extended families. The commission would consist of seven public members, in addition to the Commissioner of Community Affairs and the Commissioner of Human Services, or their designees, as nonvoting members. The commission would report each year to the Governor and the Legislature on its activities, findings and recommendations.
The bill would direct the Department of Community Affairs to provide such staff services as may be needed for the commission to carry out its responsibilities, including assembly of necessary information, and preparation of draft reports, analyses, and recommendations.
Additionally, in each periodic update to a municipal housing plan element, the bill would require a municipality to provide analysis of the extent to which municipal ordinances and other local factors advance or detract from the goal of preserving multigenerational family continuity, as expressed in the recommendations of the commission. Preparation of the housing plan element is a part of a municipality’s responsibilities regarding affordable housing under the “Fair Housing Act,” P.L.1985, c.222 (C.52:27D-310), and is also included in the municipal master plan.