newjerseynewsroom.com

BY TOM HESTER SR.

NEWJERSEYNEWSROOM.COM

UPDATED

Gov. Chris Christie Thursday unveiled what he describes as a realistic and achievable plan for affordable housing that allows cities and towns to decide how much moderate- and low-income housing they need with minimal state involvement.

The plan, which would need the approval of the Legislature, was immediately criticized by housing advocates as something that would not stand up in court and could delay the construction and rehabilitation of 40,000 planned affordable houses and apartments.

Christie said New Jersey is facing what he sees as dramatically different economic, demographic and social circumstances since the original state Fair Housing Act was passed 25 years ago. He said that is why the current affordable housing system must be retired and replaced.

Under Christie's plan, the state Council on Affordable Housing (COAH) and state-imposed housing obligations on municipalities would be abolished and local officials would decide how much affordable housing their towns need.

The plan also calls for the rehabilitation of existing housing before new affordable homes or apartments would be built.

Christie's proposal calls for a 10 percent affordable housing unit requirement in development projects greater than 10 units — for example, 2 affordable units for a 20-unit development — and would require a payment to a municipal affordable housing trust fund for projects between 2 and 10 units. The governor recommends provisions to give priority housing trust funding for projects that provide special needs housing.

"These new measures will help to fix a broken system by promoting sensible, predictable and achievable planning to implement change," Christie said. "Affordable housing is a responsibility that must be naturally considered as part of normal development and local decision making. With strictly limited state involvement in the process, we are finally allowing for flexibility and customization that acknowledges our state's unique economic, community and housing needs."

Kevin Walsh, associate director of the Cherry Hill-based Fair Share Housing Center, said the plan would create more red tape, just when Christie is promising to ease government statutes.

"The governor proposed a new policy that would allow towns to stop a wide range of new homes from being built, including redevelopment near mass transit, starter homes, and homes for people with special needs,'' Walsh said. "The governor's proposed approach mirrors a regulation by Governor (James) McGreevey that the courts struck down in 2007 because it allowed for more restrictive zoning regulations than permitted by the state Constitution.''

In February, Christie created a five-member Housing Opportunity Task Force chaired by former state senator Marcia Karrow to examine the state's existing approach to affordable housing and present recommendations to fulfill constitutional obligations in a manner the members believe are consistent with sound planning and economic growth.

In addition, the Legislature is considering reforms to affordable housing through legislation sponsored in the Senate by Senators Raymond Lesniak (D-Union) and Christopher "Kip" Bateman (R-Somerset).

"I look forward to working with members of the Legislature to adopt a reform plan that empowers municipalities with the flexibility to meet their affordable housing obligations based on the unique situations, circumstances and needs of their respective communities," Christie said.

Under Christie's plan, cities and towns would be required to conduct an inventory of existing affordable housing to determine what housing must be rehabilitated. A municipality would then formulate a plan to accomplish the rehabilitation. New affordable housing construction would be tied to future housing development.

Depending on the size of the residential development, affordable housing would be provided either on-site, off-site, or through a payment to the municipality's affordable housing trust fund in lieu of actual construction. Municipalities would be able to use funds in their affordable housing trust funds to support housing rehabilitation within their own municipality or in other municipalities which have significant rehabilitation needs but limited resources. Special needs housing would be given priority for both development and funding.

Also under the plan, the current 2.5% commercial development fee would be repealed, which Christie maintains would help encourage economic growth. With regard to zoning, municipalities seeking to comply would have to demonstrate that undeveloped residentially-zoned land and redevelopment would accommodate the affordable housing requirement. A municipality seeking protection from legal challenges and court-imposed remedies would have to develop and adopt a housing element as part of their municipal master plan.

State involvement in the new process would be substantially reduced. State affordable housing quotas would be abolished. The state Department of Community Affairs' (DCA) would file municipally-approved housing plans and make them publicly available. If challenged, the DCA would conduct a review of municipal plans, which would be limited to a determination that the plan is factually accurate and consistent with the law.

The DCA would continue to administer the state Affordable Housing Trust Fund.