Authorizes municipalities that petition for or receive substantive certification pursuant to the "Fair Housing Act" to make certain affordable housing units available on a preferential basis to certain eligible persons.

A1228

ASSEMBLY, No. 1228

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman MICHAEL INGANAMORT

District 24 (Morris, Sussex and Warren)

Assemblywoman DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

SYNOPSIS

���� Authorizes municipalities that petition for or
receive substantive certification pursuant to the "Fair Housing Act"
to make certain affordable housing units available on a preferential basis to
certain eligible persons.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
authorizing municipalities to make affordable housing
units sponsored by corporate employers, owners of accessory units of housing,
and farm owners, available to persons of low and moderate income on a
preferential basis and supplementing P.L.1985, c.222.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� a. Notwithstanding the
provisions of any law, rule or regulation to the contrary, a municipality which
has petitioned for or received substantive certification of its affordable
housing plan from the Council on Affordable Housing pursuant to the �Fair Housing
Act,� P.L.1985, c.222 (C.52:27D-301 et al.) may reserve, or may make available
on a priority basis, units of affordable housing as follows:

���� (1)�� in the case of any unit
of affordable housing sponsored by a corporate employer, any employee of that
corporate sponsor who meets the income qualifications for a low or moderate
income unit of housing shall have priority to purchase or rent, as appropriate,
that unit of affordable housing;

���� (2)�� in the case of any unit
of affordable housing sponsored by the owner of any farm that employs migrant
workers, any migrant worker who meets the income qualifications for a low or
moderate income unit of housing shall have priority to purchase or rent, as
appropriate, that unit of affordable housing; and

���� (3)�� in the case of any unit
of affordable housing created as an accessory unit of, and sponsored by, the
owner of any unit of housing, any family member who meets the income
qualifications for a low or moderate income unit of housing shall have priority
to purchase or rent, as appropriate, that accessory unit of affordable housing.

���� b.��� affirmative regional
marketing of any unit of affordable housing which meets the criteria of this
section shall not be required in order for the unit to be credited toward the
fair share obligation of a municipality pursuant to P.L.1985, c.222 (C.52:27D-301
et al.).

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill would authorize any
municipality which has petitioned for or received substantive certification of
its affordable housing plan from the Council on Affordable Housing pursuant to
the �Fair Housing Act,� P.L.1985, c.222 (C.52:27D-301 et al.) to reserve or
make available on a priority basis certain units of affordable housing.

���� In the case of any unit of
affordable housing sponsored by a corporate employer, the bill would authorize
any employee of that corporate sponsor who meets the income qualifications for
a low or moderate income unit of housing to have priority to purchase or rent,
as appropriate, that unit of affordable housing.

���� In the case of any unit of
affordable housing sponsored by the owner of any farm that employs migrant
workers, the bill would authorize any migrant worker who meets the income
qualifications for a low or moderate income unit of housing to have priority to
purchase or rent, as appropriate, that unit of affordable housing.

���� In the case of any unit of
affordable housing created as an accessory unit of, and sponsored by, the owner
of any unit of housing, the bill would authorize any family member who meets
the income qualifications for a low or moderate income unit of housing to have
priority to purchase or rent, as appropriate, that accessory unit of affordable
housing.

���� The bill also exempts from the
requirement of affirmative regional marketing any unit of affordable housing
meeting the criteria set forth in the bill, allowing such units to be credited
against the fair share housing obligation of the municipality.