Proposes constitutional amendment to require Statewide calculation of affordable housing obligation.

ACR139

ASSEMBLY CONCURRENT RESOLUTION No. 139

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 19, 2026

Sponsored by:

Assemblyman� JOHN DIMAIO

District 23 (Hunterdon, Somerset and Warren)

Co-Sponsored by:

Assemblyman Scharfenberger

SYNOPSIS

���� Proposes constitutional amendment to require
Statewide calculation of affordable housing obligation.

CURRENT VERSION OF TEXT

���� As introduced.

��

A
Concurrent Resolution

proposing to
amend Article IV, Section VI, paragraph 2 of the New Jersey Constitution.

����
Be It
Resolved
by the General Assembly of the State
of New Jersey (the Senate concurring):

���� 1.� The following proposed
amendment to the Constitution of the State of New Jersey is agreed to:

PROPOSED
AMENDMENT

���� Amend Article IV, Section VI,
paragraph 2 to read as follows:

���� 2.�
a.
� The Legislature
may enact general laws under which municipalities, other than counties, may
adopt zoning ordinances limiting and restricting to specified districts and
regulating therein, buildings and structures, according to their construction,
and the nature and extent of their use, and the nature and extent of the uses
of land, and the exercise of such authority shall be deemed to be within the
police power of the State. �Such laws shall be subject to repeal or alteration
by the Legislature.

����
b.� The Legislature shall
enact general laws that provide for the determination of the affordable housing
needs of the entire State.� This Statewide affordable housing need
determination shall not be based on regional housing needs.� The Statewide
affordable housing need determination shall constitute the exclusive affordable
housing obligation required by this Constitution.

(cf: Art. IV, Sec. VI, par. 2)

���� 2.� When this proposed
amendment to the Constitution is finally agreed to pursuant to Article IX,
paragraph 1 of the Constitution, it shall be submitted to the people at the
next general election occurring more than three months after the final
agreement and shall be published at least once in at least one newspaper of
each county designated by the President of the Senate, the Speaker of the
General Assembly and the Secretary of State, not less than three months prior
to the general election.

���� 3.� This proposed amendment to
the Constitution shall be submitted to the people at that election in the
following manner and form:

���� There shall be printed on each
official ballot to be used at the general election, the following:

���� a.� In every municipality in
which voting machines are not used, a legend which shall immediately precede
the question as follows:

���� If you favor the proposition
printed below make a cross (X), plus (+), or check (
a
) in the square opposite the word "Yes."� If you are
opposed thereto make a cross (X), plus (+) or check (
a
) in the square opposite the
word "No."

���� b.� In
every municipality the following question:

CONSTITUTIONAL
AMENDMENT TO ESTABLISH STATEWIDE AFFORDABLE HOUSING OBLIGATION

YES

Do you approve
amending the Constitution to change the way that the affordable housing
obligations of towns are determined?� This amendment would require that these
obligations be based on the housing needs of the whole State.� Currently,
these obligations are based on regional housing needs.

This amendment
would require the calculation of a single number of all affordable housing
units needed for the whole State.� This Statewide need would represent all
the affordable housing required by the Constitution.

INTERPRETIVE
STATEMENT

NO

This amendment would
change the way that the affordable housing obligations of towns are
determined.� Currently, these obligations are based on regional housing
needs.� This amendment would remove that requirement.� The amendment instead requires
that these obligations be based on the housing needs of the whole State.

The amendment
requires the Legislature to pass laws to create the process for calculating
the affordable housing needs of the whole State.� This Statewide need would
represent all the affordable housing required by the Constitution.

STATEMENT

���� This amendment to the State
Constitution would require that the constitutional affordable housing
obligation be calculated at the State level.� Currently, municipal affordable
housing obligations mandated by the State Constitution are calculated based
upon regional housing needs.� This amendment would eliminate that requirement.�
Accordingly, any affordable housing obligation placed on a municipality would
no longer be based on regional housing needs.� Instead, this amendment would
require the Legislature to pass laws providing for the calculation of the
affordable housing needs of the entire State.� This single number calculation
of affordable housing units needed Statewide would represent the exclusive
affordable housing obligation required by the State Constitution.