Title 52, Title 52: STATE GOVERNMENT, DEPARTMENTS AND OFFICERS

52:27D-304.1a Municipal clerk, authority, written statement, support of affordable housing programs, projects, indication of need. 1. A municipal governing body may, by ordinance, delegate to its municipal clerk the authority to provide, on the governing body's behalf, a written …

52:27D-304.2 Municipal present need, 10-year round, determination of affordable housing obligations. 6. a. Municipal present need for each 10-year round of affordable housing obligations shall be determined by estimating the deficient housing units occupied by low- and moderate-i…

52:27D-304.3 Present, prospective fair share obligation, low- and moderate-income housing, methodologies. 7. a. The present and prospective fair share obligation for low- and moderate-income housing for each municipality in the State shall be determined as described in this secti…

52:27D-304.4 Priority consideration, municipalities in compliance, fair share housing. 1. a. Notwithstanding any rule, regulation, or law to the contrary, in awarding grants or other financial assistance through the Main Street New Jersey Program pursuant to P.L.2001, c.238 (C.52…

52:27D-310 Essential components of municipality's housing element. 10. A municipality's housing element shall be designed to achieve the goal of access to affordable housing to meet present and prospective housing needs, with particular attention to low- and moderate-income housi…

52:27D-310.1 Computing municipal adjustment, exclusions. 1. Any municipality that receives an adjustment of its prospective need obligations for the fourth round or subsequent rounds based on a lack of vacant land shall, as part of the process of adopting and implementing its hou…

52:27D-310.2 Reservation of park land 2. Notwithstanding any law or regulation to the contrary, nothing shall preclude a municipality which has reserved less than three percent of its land area for conservation, park lands or open space under the standards set forth in section 1 …

52:27D-311 Provision of fair share by municipality. 11. a. In adopting its housing element, the municipality may provide for its fair share of low- and moderate-income housing by means of any technique or combination of techniques which provide a realistic opportunity for the pro…

52:27D-311.1. Demolition invalidated Nothing in the act to which this act is supplementary, P.L.1985, c.222 (C.52:27D-301 et al.), shall be construed to require that a municipality fulfill all or any portion of its fair share housing obligation through permitting the development …

52:27D-311.2 Purchase of privately owned land by municipality for fair share housing. 41. a. Notwithstanding the provisions of the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.), or of any other law, rule or regulation to the contrary, a municipality may provide…

52:27D-311a Adaptability requirement; "new construction" defined. 1. Beginning upon the effective date of P.L.2005, c.350 (C.52:27D-311a et al.), any new construction for which credit is sought against a fair share obligation shall be adaptable in accordance with the provisions o…

52:27D-311b Assurance of adaptability requirements; council measures. 6. A municipality may take such measures as are necessary to assure compliance with the adaptability requirements imposed pursuant to P.L.2005, c.350 (C.52:27D-311a et al.), including the inspection of those un…

52:27D-312 Regional contribution agreements. 12. a. Except as prohibited under P.L.2008, c.46 (C.52:27D-329.1 et al.), a municipality may propose the transfer of up to 50% of its fair share to another municipality within its housing region by means of a contractual agreement into…

52:27D-313 Petition for substantive certification. 13. a. If a municipality has adopted a housing element and fair share plan pursuant to section 3 of P.L.2024, c.2 (C.52:27D-304.1), but has failed to satisfy the June 30 deadline established pursuant to paragraph (2) of subsectio…

52:27D-313.2 "Affordable Housing Dispute Resolution Program" established. 5. a. There is established an Affordable Housing Dispute Resolution Program that shall have the purpose of efficiently resolving disputes involving the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et a…

52:27D-313.3 Adoption of transitional rules, regulations, implementation, affordable housing, timeline; Uniform Housing Affordability Controls, update. 36. a. (1) Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the con…

52:27D-32. Transfer of appropriations and moneys to department of community affairs All appropriations and other moneys available and to become available to any department, division, bureau or other agency, the functions, powers and duties of which have been herein assigned or tr…

52:27D-320 "New Jersey Affordable Housing Trust Fund." 20. There is established in the Department of Community Affairs a separate trust fund, to be used for the exclusive purposes as provided in this section, and which shall be known as the "New Jersey Affordable Housing Trust Fu…

52:27D-320.1 Appropriation to the "New Jersey Affordable Housing Trust Fund." 41. a. Notwithstanding any law to the contrary, there is appropriated $15 million to the "New Jersey Affordable Housing Trust Fund," established pursuant to section 20 of P.L.1985, c.222 (C.52:27D-320),…

52:27D-321 Affordable housing assistance. 21. The agency shall establish affordable housing programs to assist municipalities in meeting the obligation of developing communities to provide low- and moderate-income housing. a. Of the bond authority allocated to it under section 24…

52:27D-321.1 Allocation of low-income tax credits. 19. Notwithstanding any rules of the New Jersey Housing and Mortgage Finance Agency to the contrary, the allocation of low-income tax credits shall be made by the agency to the full extent such credits are permitted to be allocat…

52:27D-321.2 Maintenance, publishing of annual report by NJHMFA. 20. The New Jersey Housing and Mortgage Finance Agency shall maintain on its website and publish annually a report concerning its activities during the year in promotion of affordable housing, including any activity…

52:27D-321.3 Findings, declarations relative to online marketing of affordable housing units. 1. The Legislature finds and declares that: a. In recent years, housing costs in New Jersey have increased dramatically at rates that have outpaced rises in income, making the State the …

52:27D-321.4 Definitions relative to online marketing of affordable housing units. 2. As used in P.L.2020, c.51 (C.52:27D-321.3 et seq.): "Affirmative marketing plan" means a regional marketing strategy designed to attract buyers, renters, or both to housing units which are being…

52:27D-321.5 Administration of online portal. 3. The agency shall administer the Housing Resource Center, or a designated successor, as an online portal for income-restricted housing listings and searches. L.2020, c.51, s.3.

52:27D-321.6 Requirements for implementing marketing plan. 4. a. (1) The owner, developer, property manager, or other administrative entity required to implement the affirmative marketing plan of a newly constructed development where affordable housing units will be leased or sol…

52:27D-321.7 Municipalities to submit information, affordable, veteran, senior citizen housing; definitions. 1. a. As used in this section: “Administrative agent” means the entity responsible for the administration of affordable units in accordance with P.L.1985, c.222 (C.52:27D-…

52:27D-324. Agency administration of controls, agreements to provide services 24. The agency shall establish procedures for entering into, and shall enter into, contractual agreements with willing municipalities or developers of inclusionary developments whereby the agency will a…

52:27D-325. Municipal powers Notwithstanding any other law to the contrary, a municipality may purchase, lease or acquire by gift or through the exercise of eminent domain, real property and any estate or interest therein, which the municipal governing body determines necessary o…

52:27D-329. Prior law applicable Until August 1, 1988, any municipality may continue to regulate development pursuant to a zoning ordinance in accordance with section 49 of the "Municipal Land Use Law," P.L. 1975, c. 291 (C. 40:55D-62) as same read before the effective date of th…

52:27D-329.1 Coordination, review of housing elements. 7. Housing elements and fair share plans adopted pursuant to section 3 of P.L.2024, c.2 (C.52:27D-304.1) shall ensure that at least 13 percent of the housing units made available for occupancy by low-income and moderate-incom…

52:27D-329.2 Authorization of municipality to impose, collect development fees. 8. a. (1) A municipality that is in the process of seeking compliance certification, has obtained compliance certification, is a qualified urban aid municipality, as determined pursuant to paragraph (…

52:27D-329.20 Multigenerational Family Housing Continuity Commission. 1. a. The Multigenerational Family Housing Continuity Commission is created and established in the Executive Branch of the State Government. For the purposes of complying with the provisions of Article V, Secti…

52:27D-329.4 Maintenance, publication of up-to-date municipal status report. 10. a. The department shall maintain on its Internet website, and also publish on an annual basis, an up-to-date municipal status report based on its collection and publication of information concerning …

52:27D-329.5 Short title. 11. Sections 11 through 14 of P.L.2008, c.46 (C.52:27D-329.5 through C.52:27D-329.8) shall be known and may be cited as the "Housing Rehabilitation and Assistance Program Act." L.2008, c.46, s.11.

52:27D-329.6 Findings, declarations relative to housing rehabilitation and assistance. 12. The Legislature finds and declares that: a. The transfer of a portion of the fair share obligations among municipalities has proven to not be a viable method of ensuring that an adequate su…

52:27D-329.7 Urban Housing Assistance Program, "Urban Housing Assistance Fund"; rules, regulations. 13. a. There is established within the Department of Community Affairs an Urban Housing Assistance Program for the purposes of assisting certain municipalities in the provision of …

52:27D-329.8 Annual appropriation. 14. a. There shall be appropriated annually from the amounts collected by the State Treasurer from the imposition of Statewide non-residential development fees and retained by the State pursuant to P.L.2008, c.46 (C.52:27D-329.1 et al.), the sum…

52:27D-329.9 Developments, certain, in certain regional planning entities. 18. a. Notwithstanding any rules to the contrary, for developments consisting of newly-constructed residential units located, or to be located, within the jurisdiction of any regional planning entity requi…

52:27D-33. Directors in unclassified service of state civil service; removal; vacancy The director of each division in the Department of Community Affairs shall be in the unclassified service of the civil service of the State. Any such director may be removed from office by the G…

52:27D-330. Short title This act shall be known and may be cited as the "Continuing Care Retirement Community Regulation and Financial Disclosure Act." L. 1986, c. 103, s. 1.

52:27D-331 Findings, declarations. 2. The Legislature finds and declares that: continuing care retirement communities are becoming an important and increasingly preferred alternative for the long-term residential, social and health care needs of New Jersey's senior citizens; beca…

52:27D-332 Definitions. 3. As used in this act and P.L.2013, c.167 (C.52:27D-360.1 et al.), unless the context clearly requires a different meaning: a. "Application fee" means the fee an individual is charged, in addition to an entrance fee or any other fee, to cover the provider…

52:27D-333. Certificate of authority a. A person shall not establish, operate or administer a continuing care facility in this State without obtaining and maintaining a certificate of authority pursuant to this act. A certificate of authority granted pursuant to this act is not t…

52:27D-334. Revocation of certificates a. The certificate of authority or temporary certificate of authority of a provider shall remain in effect until revoked, after notice and hearing conducted pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et se…

52:27D-335. Acquisition of ownership interest a. A person who desires to acquire an ownership interest in a continuing care facility shall so notify the department in writing at least 60 days in advance of the acquisition. The person shall obtain the approval of the commissioner …