Forcing municipalities to meet retroactive affordable housiing requirements would be disastrous, say New Jersey legislators.
SOMERSET -- Branchburg Township Administrator Gregory J. Bonin is among those feeling the crunch of court-ordered affordable housing and is hoping that a bill co-sponsored by two Somerset County legislators can provide relief and guidance.
State Sen. Christopher "Kip" Bateman (File photo)State Sen. Christopher "Kip" Bateman (R-16th) and Assemblyman Jack Ciattarelli (R-16th), along with a number of Democrats, have introduced a bill clarifying municipalities cannot be forced to meet retroactive affordable housing requirements, specifically because the Fair Housing Act does not impose such requirements.
Bonin says Branchburg and other municipalities want to develop plans to meet the affordable housing deadlines but they do not know how many affordable units they must build and whether that number is retroactive to 1999, when the last quotas were set.
If that number is retroactive, however, it could set a dangerous precedent requiring towns statewide to include tens of thousands of more affordable housing units than they are obligated to provide under the Fair Housing Act.
"Anything that brings some level of order to the existing chaos is welcomed," said Bonin. "At this point, we're flying blind and forced to move forward. I'm hoping this bill can give us some structure, some numbers.
"It's not that we don't want to fulfill our obligation, it's that we don't know what is it. It's hard to create a plan when we don't necessarily know what we're planning for. For example, is it 200 units or 2,000 units? Before, we had numbers and rules. Now, we have none of that."
Bonin said he has interviewed 14 developers who want to build in Branchburg but the uncertainty surrounding affordable housing laws has prevented him from moving forward.
Branchburg facing affordable housing crisis
The legislation was brought forth in the wake of a state Supreme Court ruling in March that opened the door for municipalities to be sued for not providing a "fair share" of affordable housing units.
"Municipalities need a clear set of guidelines for providing affordable housing," said Bateman. "Instead, one court has handed down a misguided mandate that clearly violates established law.
"Far too many New Jerseyans are still struggling to find adequate housing. Municipalities are scrambling to understand and meet their housing obligations. It's time to stop playing games in the courts and focus on enacting real, comprehensive affordable housing reform."
Ocean County Superior Court Judge Mark Troncone ruled earlier this year that the number should be retroactive, but because affordable housing issues are being decided by Superior Court judges on the county level, that decision is not binding on other judges.
Bateman and Ciattarelli disagree with Troncone's decision. The proposed bill would free municipalities from meeting those retroactive requirements.
Contrary to the court's ruling, retroactive housing requirements are not mandated under the Fair Housing Act or the constitution.
"This bill will protect municipalities coping with this erroneous court ruling and ensure towns statewide do not fall victim to a potentially catastrophic legal precedent," said Ciattarelli. "The last thing we need right now are convoluted and unnecessary regulations. What we truly need is keen focus on implementing real affordable housing reform.
Bateman and Ciattarelli are also developing an omnibus reform bill that would allow municipalities to administer their own affordable housing obligations, which would return flexibility and autonomy to municipalities, protect the environment and ease property taxes.
The reform bill would also give the municipalities the option of paying into a municipal or state affordable housing trust fund, relieving the quota to build an affordable unit.
Dave Hutchinson may be reached at dhutchinson@njadvancemedia.com. Follow him on Twitter @DHutch_SL. Find NJ.com on Facebook.