ASSEMBLY HOUSING COMMITTEE

STATEMENT TO

ASSEMBLY, No. 2296

with committee amendments

STATE OF NEW JERSEY

DATED:  JANUARY 29, 2024

      The Assembly Housing Committee reports favorably and with committee amendments Assembly Bill No. 2296.

      As amended, this bill permits the governing body of a municipality to delegate to its municipal clerk, by ordinance, the authority to provide, on the governing body’s behalf, a written statement in support of one or more affordable housing programs or projects, or reciting the need for one or more affordable housing programs or projects, in the municipality, in order to satisfy any other provision of statute or regulation, including but not limited to subsection a. of section 20 of P.L.1985, c.222 (C.52:27D-320) and section 6 of P.L.1983, c.530 (C.55:14K-6), provided that the proposed affordable housing program or project conforms to the provisions of an approved municipal fair share plan and housing element. 

      The bill also enables affordable housing programs and projects in a municipality to:

      (1)  receive funding from the State Affordable Housing Trust Fund by submitting a written statement in support of the program from the municipal clerk, instead of having to submit a written statement in support of the program or project from the municipal governing body; and

      (2)  be processed by the New Jersey Housing and Mortgage Finance Agency (HMFA) by submitting a written statement from the municipal clerk stating that there is a need for such a housing project in the municipality, instead of requiring a resolution stating such a need by the governing body of the municipality.

      Finally, the bill would make technical changes and would take effect immediately.

      This bill was pre-filed for introduction in the 2024-2025 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed.

COMMITTEE AMENDMENTS:

      The committee amendments to the bill would:

· limit the application of the bill to municipalities with approved municipal fair share plans and housing elements; and

· remove a section of the bill that would have expressly limited an existing grant of authority to the HMFA to engage in any acts necessary or convenient to carry out its powers, so that the authority would have only extended to acts that do not negatively impact the efficiency of the programs to produce, manage, or maintain the financial viability of projects.