ASSEMBLY CONCURRENT RESOLUTION No. 236

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED MAY 11, 2017

 

 

Sponsored by:

Assemblyman  MICHAEL PATRICK CARROLL

District 25 (Morris and Somerset)

 

 

 

 

SYNOPSIS

     Proposes constitutional amendment to prohibit judiciary from requiring municipalities to accept specific land uses, including affordable housing, unless directed by statute.

 

CURRENT VERSION OF TEXT

     As introduced.

  

A Concurrent Resolution proposing to amend Article VI, Section V of the New Jersey Constitution by adding a new paragraph.

 

     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 VI, Section V by adding a new paragraph 5 to read as follows:

     5.    In the absence of a specific mandate enacted by statute, a court shall not require a municipality to accept any particular use of land within its boundaries, either through zoning or otherwise.  

 

     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 PROHIBIT COURTS FROM MANDATING LAND USES

 

YES

Do you approve amending the Constitution to prohibit the courts from requiring towns to accept specific land uses?  Courts would only be permitted to require towns to accept a land use in response to a State statute, not through a reading of the State Constitution.  Without this permission, the courts would not be allowed to require any land uses, such as affordable housing.

 

 

INTERPRETIVE STATEMENT

 

NO

The courts now require towns to accept a certain amount of affordable housing to be built.  This results from an interpretation of the State Constitution.  This amendment would only permit the courts to require towns to accept a land use, such as affordable housing, in response to a specific law, not through a reading of the State Constitution. 

 

 

STATEMENT

 

     In the various Mt. Laurel cases, the New Jersey Supreme Court determined that every municipality in the State has a constitutional obligation to provide opportunities for the construction of low and moderate income housing.  Many believe this reading was inconsistent with the text and history of the Constitution, and has resulted in burdensome, expensive housing obligations for municipalities across the State.  This amendment addresses these problems by providing that, in the absence of a specific legislative mandate, the courts may not compel municipalities to provide for any particular land use within their borders, including opportunities for low and moderate income housing.

     While the provision of low and moderate income housing is a salutary goal, whether and where to provide that housing is a matter for the Legislature, not the courts.