ASSEMBLY, No. 1290

STATE OF NEW JERSEY

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblywoman GILL and Assemblyman KELLY

An Act concerning the powers of municipalities to provide for low and moderate income housing and amending P.L.1985, c.222.

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

    1. 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 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.

    e.    When a municipality's housing element includes the provision of rental housing units in a community residence for the developmentally disabled, as defined in section 2 of P.L.1977, c.448 (C.30:11B-2), which will be affordable to persons of low and moderate income, and for which adequate measures to retain such affordability pursuant to paragraph (3) of subsection a. of this section are included in the housing element, those housing units shall be fully credited as permitted under the rules of the council towards the fulfillment of the municipality's fair share of low and moderate income housing.

    f. It having been determined by the Legislature that the provision of housing under this act is a public purpose, a municipality or municipalities may utilize public monies to make donations, grants or loans of public funds for the rehabilitation of deficient housing units and the provision of new or substantially rehabilitated housing for low and moderate income persons, providing that any private advantage is incidental.

(cf: P.L.1995, c.344, s.2)

    2. This act shall take effect immediately.

Permits municipalities to provide certain funds for low and moderate income housing.