Affordable Housing Update

March 11, 2024

Click here to read an analysis of affordable housing legislation from Summit legal counsel.

February 29, 2024house graphic


Affordable Housing Update for the City of Summit and Union County, NJ
In December 2023, a new bill was introduced to the State Assembly and Senate of New Jersey, aimed at transforming the management of affordable housing in the state. After an initial attempt to fast-track the bill at the close of the 2023 legislative session failed, it was amended and reintroduced in the 2024 session, with signs pointing towards rapid progression. Given its significant implications for affordable housing in Summit, city officials have prepared an overview to shed light on the complexities of the situation, pinpoint areas of concern, and direct residents to further resources.

The bill's intention is to rectify the issues arising from the now-defunct Council on Affordable Housing (COAH) and the problematic processes managed through the courts. However, it does not seem to offer a more favorable solution for municipalities or to enhance safeguards, efficiency, or fairness in the development of affordable housing in Summit. Instead, it could lead to more uncertainty, diminished transparency and flexibility, and elevated litigation expenses for the city. 

This legislation represents a dramatic shift from the way affordable housing has been administered in New Jersey in the past. Summit has demonstrated its commitment to make low income and affordable housing available for over half a century, long before it was required by legislation. Despite facing challenges regarding the potential impact of development on the city’s infrastructure, Summit has remained compliant with its obligations and will continue to do so in line with its master plan.

The evolving legislative landscape demands solutions that carefully consider the distinct needs and challenges of each community. The proposed legislation described above is currently set to have a profound effect on Summit's approach to affordable housing.

Significant proposed changes include:

  • A reduction in municipal immunity from zoning lawsuits.
  • The possibility of changing agreed-upon affordable housing numbers even after approval.
  • Imbalanced representation in decision-making bodies.
  • A reduction in the transparency of affordable housing regulations.
  • Shifting the accountability for affordable housing from developers to the city.
  • An increased likelihood of litigation costs.
  • Reliance on an untested formula to determine affordable housing quotas.

The City of Summit Common Council passed a resolution at the February 6, 2024, council meeting to oppose this new legislation and request a delay on the bills to allow for meaningful municipal input and consideration of the concerns raised. A copy was sent to Governor Murphy and legislative leaders.

Concerned residents are urged to reach out to state legislators to advocate for a measured and thoughtful approach to this urgent matter:

For further details on the proposed legislative changes and their potential impact on Summit and the wider New Jersey communities, it's important for residents to remain informed and actively participate in the discussion. More information can be found at Assembly Bill No. 4, Senate Bill No. 50, and on the New Jersey League of Municipalities website.

________________________________________________________________________________________________

February 15, 2024, UPDATE: Affordable Housing Bill AdvancesNJ State Seal

On Thursday (2/8/2024), Assembly Bill A-4, legislation overhauling the State’s affordable housing policy, was reported favorably out of the Assembly Appropriations Committee with extensive committee amendments. The committee amendments to A-4 includes changes as they relate to the process for review and enhancing municipal protections against challenges.

A detailed review of the Bill and the Committee Amendments was provided at a Lunch & Learn on Friday, February 9. The PowerPoint used in this webinar is available on the League’s website. 

On Monday, the Assembly passed A-4, legislation overhauling the State’s affordable housing policy. The vote comes after amendments made during committee hearings last week. The Senate counterpart, S-50, was reported favorably out of the Senate Community and Urban Affairs Committee on January 25 and second-referenced to the Senate Budget and Appropriations Committee (SBA). The bill is subject to further amendments if, and when, it progresses in the Senate. The SBA is next scheduled to meet on February 22, and the full Senate is scheduled for a voting session on March 21. These dates are subject to change.  

Contacts at the NJ League of Municipalities include Mike Cerra, Executive Director, mcerra@njlm.org or 609-695-3481 ext. 120 and Frank Marshall, Associate General Counsel, fmarshall@njlm.org or 609-695-3481 ext.137.