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S3255 • 2026

Establishes process to exempt municipality from certain fair share affordable housing obligations based on flood risk.

Establishes process to exempt municipality from certain fair share affordable housing obligations based on flood risk.

Housing
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Corrado, Kristin M.
Last action
2026-02-02
Official status
Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Establishes process to exempt municipality from certain fair share affordable housing obligations based on flood risk.

Establishes process to exempt municipality from certain fair share affordable housing obligations based on flood risk.

What This Bill Does

  • Establishes process to exempt municipality from certain fair share affordable housing obligations based on flood risk.
  • Topic: Community and Urban Affairs Fiscal note: This bill has been certified by OLS for a fiscal note.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-02-02 New Jersey Legislature

    Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee

Official Summary Text

Establishes process to exempt municipality from certain fair share affordable housing obligations based on flood risk.
Topic:
Community and Urban Affairs
Fiscal note:
This bill has been certified by OLS for a fiscal note.

Current Bill Text

Read the full stored bill text 
S3255

SENATE, No. 3255

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 2, 2026

Sponsored by:

Senator� KRISTIN M. CORRADO

District 40 (Bergen, Essex and Passaic)

Co-Sponsored by:

Senator Henry

SYNOPSIS

���� Establishes process to exempt municipality from
certain fair share affordable housing obligations based on flood risk.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning exemptions to affordable housing
obligations based on flood risk, and supplementing P.L.1985, c.222.

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

���� 1.� a.� The Commissioner of
Community Affairs, in accordance with the rules and regulations adopted
pursuant to subsection b. of this section, shall exempt a municipality from any
responsibility for a present and prospective fair share obligation, including
any unfulfilled prior round obligation and gap period obligation, if the Department
of Community Affairs determines to designate the municipality as extensively
flood-prone.

���� b.� On or before the first day
of the third month next following the enactment of P.L.��� , c.��� (C.������� )
(pending before the Legislature as this bill), the commissioner, in
consultation with the Commissioner of Environmental Protection, shall adopt,
pursuant to the �Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et
seq.), rules and regulations necessary to determine municipal exemptions from
municipal fair share obligations based on the level of flood risk in a municipality.�
The rules and regulations adopted pursuant to this section shall serve to
determine if a municipality shall be designated as extensively flood-prone, and
thereby exempt from a fair share obligation, based on flood insurance paid by
property owners, the number of repetitive loss and severe repetitive loss
properties in the municipality relative to the size of the municipality, and
other relevant information accessible to the commissioner.

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

STATEMENT

���� This bill would direct the
Commissioner of Community Affairs to exempt a municipality from any
responsibility for a fair share affordable housing obligation if the
municipality is designated by the commissioner as extensively flood-prone.�
This exemption would have the effect of protecting a municipality from any
potential builder�s remedy action to compel housing construction.�

���� The "Fair Housing
Act," P.L.1985, c.222 (C.52:27D-301 et al.), establishes that a
municipality has an obligation to provide for a fair share of the need for
affordable housing in its region.� However, this statute has allowed for
adjustments to be made to a municipality�s obligation based on certain factors,
such as needs for historic preservation and environmental protection.�

���� This bill would direct the
Commissioner of Community Affairs, in consultation with the Commissioner of
Environmental Protection, to adopt rules and regulations to exempt certain
municipalities from municipal fair share obligations based flood risk.� These
rules and regulations would, in compliance with appropriate criteria, designate
certain municipalities as extensively flood-prone, and thereby exempt from a
fair share obligation, including any present and prospective obligation,
unfulfilled prior round obligation, and gap period obligation.� The bill
requires the rules and regulations to be based on flood insurance paid by
property owners, the number of repetitive loss and severe repetitive loss
properties in a municipality relative to the size of the municipality, and
other relevant information.� The bill directs the commissioner to adopt rules
and regulations by the first day of the third month following enactment.