ASSEMBLY, No. 723

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman R. SMITH

 

 

An Act concerning affordable housing for the developmentally disabled, amending and supplementing the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.) and amending P.L.1978, c.159.

 

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

 

    1. (New section) As used in this act:

    "Approved operator" means any person, firm, corporation or association, public or private, which is approved to operate a community residence for the developmentally disabled under the standards and regulations adopted for that purpose by the Department of Human Services pursuant to P.L.1977, c.448. (C.30:11B-1 et seq.).

    "Community residence for the developmentally disabled" has the meaning established in section 2 of P.L.1977, c.448 (C.30:11B-2).

 

    2. (New section) a. Two percent of all municipal fair shares of affordable housing units as determined pursuant to section 7 of P.L.1985, c.222 (C.52:27D-307) shall be reserved, in the manner provided in this amendatory and supplementary act, for units to be comprised in community residences for the developmentally disabled.

    b. In order to qualify as affordable housing within the meaning of section a. of this section, any structure and associated real property intended to be used as a community residence for the developmentally disabled pursuant to reservation as provided in subsection a. of this section and the terms of a municipal housing element as provided in section 3 of this act shall be available for lease or purchase by or on behalf of an approved operator of such residence. The cost of lease or purchase shall, in the judgment of the Council on Affordable Housing, permit accommodation of the number of disabled residents for which that residence is intended at a cost within the range of affordability for the same number of persons of low or moderate income in the housing region wherein the residence is located or proposed to be located, regardless of whether the cost of accommodation in the community residence is to be borne in whole or part by any grant, gift, subsidy or subvention instead of or in addition to any payment made out of income of those disabled residents.

 

    3. (New section) a. In formulating its housing element as required pursuant to the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.) and paragraph (3) of subsection b. of section 19 of the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-28), a municipality shall, after determining its present and prospective fair share for low and moderate income housing pursuant to subsection e. of section 10 of P.L.1985, c.222 (C.52:27D-310), establish its reservation of housing units for community residences for the developmentally disabled within that fair share at 2 percent thereof, with fractional amounts rounded to the nearest whole number; except that if the number so derived is less than four, the reservation shall be zero.

    b. If the number derived by the calculation prescribed in subsection a. of this section is four or more, the municipality shall, in preparing that portion of its housing element in which it sets forth, pursuant to section 11 of P.L.1985, c.222 (C.52:27D-311), the techniques whereby it proposes to provide realistic opportunity for provision of its fair share of low and moderate income housing, include specific provision for realizing the amount of units in community-residence housing for the developmentally disabled to the extent of the reservation so calculated.

    c. In formulating that portion of its housing element which is required pursuant to subsection b. of this section, a municipality shall consult with the Division of Developmental Disabilities in the Department of Human Services, to assure that the location, construction, surroundings and other characteristics of the facilities envisaged by that portion of the housing element are consonant with the requirements of a community residential facility under P.L.1983, c.524 (C.30:6D-13 et seq.) and the "Developmentally Disabled Rights Act," P.L.1977, c.82 (C.30:6D-1 et seq.). On and after the effective date of this act no municipal housing element which is required to comply with subsection b. of this act shall be considered for substantive certification by the Council on Affordable Housing unless its provisions pursuant to that subsection have been approved by the Commissioner of Human Services.

 

    4. Section 11 of P.L.1985, c.222 (C.52:27D-311) is amended to read as follows:

    11. a. In adopting its housing element, the municipality may provide for its fair share of low and moderate income housing, including the portion thereof reserved for community residences for the developmentally disabled pursuant to P.L. , c. (C. ) (now pending in the Legislature as this bill), by means of any technique or combination of techniques which provide a realistic opportunity for the provision of the fair share. The housing element shall contain an analysis demonstrating that it will provide such a realistic opportunity, and the municipality shall establish that its land use and other relevant ordinances have been revised to incorporate the provisions for low and moderate income housing. In preparing the housing element, the municipality shall consider the following techniques for providing low and moderate income housing within the municipality, as well as such other techniques as may be published by the council or proposed by the municipality:

    (1) Rezoning for densities necessary to assure the economic viability of any inclusionary developments, either through mandatory set-asides or density bonuses, as may be necessary to meet all or part of the municipality's fair share;

    (2) Determination of the total residential zoning necessary to assure that the municipality's fair share is achieved;

    (3) Determination of measures that the municipality will take to assure that low and moderate income units remain affordable to low and moderate income households for an appropriate period of not less than six years;

    (4) A plan for infrastructure expansion and rehabilitation if necessary to assure the achievement of the municipality's fair share of low and moderate income housing;

    (5) Donation or use of municipally owned land or land condemned by the municipality for purposes of providing low and moderate income housing;

    (6) Tax abatements for purposes of providing low and moderate income housing;

    (7) Utilization of funds obtained from any State or federal subsidy toward the construction of low and moderate income housing; and

    (8) Utilization of municipally generated funds toward the construction of low and moderate income housing.

    b. The municipality may provide for a phasing schedule for the achievement of its fair share of low and moderate income housing which is not inconsistent with section 23 of this act.

    c. The municipality may propose that a portion of its fair share be met through a regional contribution agreement. The housing element shall demonstrate, however, the manner in which that portion will be provided within the municipality if the regional contribution agreement is not entered into. The municipality shall provide a statement of its reasons for the proposal.

    d. Nothing in this act shall require a municipality to raise or expend municipal revenues in order to provide low and moderate income housing.

(cf: P.L.1985, c.222, s.11)

 

    5. Section 1 of P.L.1978, c.159 (C.40:55D-66.1) is amended to read as follows:

    1. a. Community residences for the developmentally disabled and community shelters for victims of domestic violence shall be a permitted use in all residential districts of a municipality, and the requirements therefor shall be the same as for single family dwelling units located within such districts; provided, however, that, in the case of a community residence for the developmentally disabled or community shelter for victims of domestic violence housing more than six persons, excluding resident staff, a zoning ordinance may require for the use or conversion to use of a dwelling unit to such a community residence or shelter, a conditional use permit in accordance with section 54 of the act to which this act is a supplement (C.40:55D-67).

    b. Any requirements imposed for the issuance of a conditional use permit shall be reasonably related to the health, safety and welfare of the residents of the district; provided, however, that, except as otherwise provided in subsection c. of this section, a municipality may deny such a permit to any proposed community residence for the developmentally disabled or community shelter for victims of domestic violence which would be located within 1500 feet of an existing such residence or shelter; provided further, however, that, except as otherwise provided in subsection c. of this section, a municipality may deny the issuance of any additional such permits if the number of persons, other than resident staff, resident at existing such community residences or community shelters within the municipality exceeds 50 persons, or 0.5% of the population of the municipality, whichever is greater.

    c. Nothing in subsection b. of this section shall be construed to authorize denial of a permit for a community residence for the developmentally disabled which is proposed to be established in conformity with the requirements of P.L...., c.... (C......) (now pending in the Legislature as this bill) and forms a portion of a municipal housing element that has received substantive certification by the Council on Affordable Housing.

(cf: P.L.1979, c.338, s.2)

 

    6. (New section) The Council on Affordable Housing is authorized to make and promulgate, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) all rules and regulations necessary or expedient to the effectuation of this act; except that the Commissioner of Human Services is authorized in like manner to make and promulgate all regulations required to implement the consultation and approval process mandated by subsection c. of section 3 of this act, and all regulations made by the Council on Affordable Housing under authority of this section shall be consistent with the regulations so made by the Commissioner of Human Services.

 

    7. This act shall take effect January 1, 1990, except that section 6 shall take effect immediately.

 

 

STATEMENT

 

    This bill would require that 2 percent of a municipality's "fair share" of low and moderate income housing as determined under the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.) be devoted to community residences for the developmentally disabled. It excepts those municipalities where 2 percent of the "fair share" is less than four units.

    The bill would require a municipality's housing element to include specific provision for meeting its computed quota of such community residential facilities as a part of its general plan for achieving its overall fair share of housing affordable to persons and families of low and moderate income. Since the process of calculating municipalities' obligations under the Fair Housing Act, and of formulating and certifying their plans for meeting those obligations, follows a six-year cycle, this requirement would not immediately affect those municipalities which have already achieved certification in the current cycle. But it would apply immediately to a municipality that seeks certification of its housing element by the Council on Affordable Housing on and after January 1, 1990, the effective date of the bill.

    To qualify as "affordable" housing under this bill, a proposed community residence would have to be available for purchase or lease by an operator approved by the Department of Human Services to operate such a community residence. The cost of the property would have to be low enough to permit the operator to accommodate the residents at a cost within the range of affordability for a like number of other low and moderate income persons in the housing region where the residence is located. Computation of the costs of accommodation would be independent of whether payment came from the residents' own income or from outside gifts, grants or subsidies.

    The bill further provides that certain limitations which municipalities may ordinarily impose upon the number and location of such residences under P.L.1978, c.159 (C.40:55D-66.1 et seq.) shall not apply to community residences for the disabled that are established pursuant to provisions of the municipality's housing element adopted pursuant to the terms of this bill.

 

 

Requires inclusion of community residences for the disabled in "fair share" affordable housing plans.