The Senate Community and Urban Affairs Committee is scheduled to consider S-4451, sponsored by Senator Singleton, which moves the Housing Element from the Fair Housing Act (FHA) to the Municipal Land Use Law (MLUL) and makes additional costly and burdensome changes.
We have met with Senator Singleton’s staff to express our concerns. Because it makes the housing element a mandatory element and the bill is effective immediately, the implication is that every current master plan could be deemed to non-compliant with the statute, forcing the immediate revision of hundreds of master plans. If this is not the intent of the proposal, language should be added to make it clear that this new requirement is prospective only.
In addition, S-4451 will, seemingly, require municipalities to completely reassess and revamp their master plans to accommodate the new housing requirements. It will require the expenditure of significant resources to have the appropriate professionals go out into the municipalities to assess the current plans and changes that will need to be made, as well as to create further plans regarding, for example, transportation and access.
We will raise these concerns when the committee meets tomorrow and report back as developments warrant.
Contacts: Mike Cerra, Executive Director, mcerra@njlm.org, 609-695-3481, x120, and Paul Penna, Director of Government Affairs, ppenna@njlm.org, 609-695-3481, x110.