New Jersey A 247: Requires COAH to calculate affordable housing obligations on Statewide basis.

Bill Text

(Sponsorship Updated As Of: 3/17/2022)
ASSEMBLY, No. 247

STATE OF NEW JERSEY
220th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION

Sponsored by:
Assemblywoman NANCY F. MUNOZ
District 21 (Morris, Somerset and Union)
Assemblyman BRIAN BERGEN
District 25 (Morris and Somerset)

Co-Sponsored by:
Assemblymen McGuckin, Rooney, DiMaio, Clifton, Thomson, S.Kean,
Assemblywomen Dunn, Piperno, Matsikoudis, Flynn, McCarthy Patrick
and Eulner

SYNOPSIS
Requires COAH to calculate affordable housing obligations on Statewide
basis.

CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.

A247 N.MUNOZ, BERGEN
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EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.

AN ACT concerning the calculation of affordable housing 1
obligations and amending P.L.1985, c.222. 2
3
BE IT ENACTED by the Senate and General Assembly of the State 4
of New Jersey: 5
6
1. Section 4 of P.L.1985, c.222 (C.52:27D-304) is amended to 7
read as follows: 8
4. As used in [this act] P.L.1985, c.222 (C.52:27D-301 et al.): 9
a. "Council" means the Council on Affordable Housing 10
established in [this act] P.L.1985, c.222 (C.52:27D-301 et al.), 11
which shall have primary jurisdiction for the administration of 12
housing obligations in accordance with sound regional planning 13
considerations in this State, and any successor body, temporary or 14
otherwise, that obtains such primary jurisdiction. 15
b. "Housing region" means a geographic area of not less than 16
two nor more than four contiguous, whole counties which exhibit 17
significant social, economic and income similarities, and which 18
constitute to the greatest extent practicable the primary metropolitan 19
statistical areas as last defined by the United States Census Bureau 20
prior to the effective date of P.L.1985, c.222 (C.52:27D-301 et al.). 21
c. "Low income housing" means housing affordable according 22
to federal Department of Housing and Urban Development or other 23
recognized standards for home ownership and rental costs and 24
occupied or reserved for occupancy by households with a gross 25
household income equal to 50% or less of the median gross 26
household income for households of the same size within the 27
housing region in which the housing is located. 28
d. "Moderate income housing" means housing affordable 29
according to federal Department of Housing and Urban 30
Development or other recognized standards for home ownership 31
and rental costs and occupied or reserved for occupancy by 32
households with a gross household income equal to more than 50% 33
but less than 80% of the median gross household income for 34
households of the same size within the housing region in which the 35
housing is located. 36
e. "Resolution of participation" means a resolution adopted by 37
a municipality in which the municipality chooses to prepare a fair 38
share plan and housing element in accordance with [this act] 39
P.L.1985, c.222 (C.52:27D-301 et al.). 40
f. "Inclusionary development" means a residential housing 41
development in which a substantial percentage of the housing units 42
are provided for a reasonable income range of low and moderate 43
income households. 44

A247 N.MUNOZ, BERGEN
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g. "Conversion" means the conversion of existing commercial, 1
industrial, or residential structures for low and moderate income 2
housing purposes where a substantial percentage of the housing 3
units are provided for a reasonable income range of low and 4
moderate income households. 5
h. "Development" means any development for which 6
permission may be required pursuant to the "Municipal Land Use 7
Law," P.L.1975, c.291 (C.40:55D-1 et seq.). 8
i. "Agency" means the New Jersey Housing and Mortgage 9
Finance Agency established by P.L.1983, c.530 (C.55:14K-1 et 10
seq.). 11
j. "Prospective need" means a projection of housing needs 12
based on development and growth which is reasonably likely to 13
occur in a region or a municipality, as the case may be, as a result 14
of actual determination of public and private entities. In 15
determining prospective need, consideration shall be given to 16
approvals of development applications, real property transfers and 17
economic projections prepared by the State Planning Commission 18
established by sections 1 through 12 of P.L.1985, c.398 (C.52:18A-19
196 et seq.). 20
k. "Disabled person" means a person with a physical disability, 21
infirmity, malformation or disfigurement which is caused by bodily 22
injury, birth defect, aging or illness including epilepsy and other 23
seizure disorders, and which shall include, but not be limited to, any 24
degree of paralysis, amputation, lack of physical coordination, 25
blindness or visual impediment, deafness or hearing impediment, 26
muteness or speech impediment or physical reliance on a service or 27
guide dog, wheelchair, or other remedial appliance or