SENATE, No. 2181







By Senators PALAIA, KYRILLOS and Ciesla



An Act concerning the provision of affordable housing and supplementing P.L.1985, c.222 (C.52:27D-301 et al).


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


    1. Notwithstanding the provisions of P.L.1985, c.222 (C.52:27D-301 et al.) or any regulations promulgated in accordance with that act, a municipality shall be permitted to meet its fair share housing obligation through the provision of age restricted housing units if the municipality can demonstrate the need demographically for such housing, regardless of whether the number of age-restricted units to be provided exceeds limitations established by the council.


    2. This act shall take effect immediately.





    This bill would permit a municipality to exceed the cap established by the Council on Affordable Housing (COAH) on senior citizen housing which may be provided in satisfaction of a fair housing obligation pursuant to the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.). Currently under COAH regulations, age restricted housing may not exceed 25% of all housing provided by a municipality in order to satisfy a fair share housing obligation.




Provides that municipality may exceed COAH imposed limitation on amount of senior citizen housing units provided.