NEW JERSEY – Senator Joe Pennacchio released a statement to highlight legislation that would help towns meet court-mandated development quotas through regional contribution agreements (RCAs).
“Local officials are struggling to accommodate high-density, court-mandated development in their towns. It’s about time that we recognize their challenges and give municipalities the tools they need to preserve open space in their communities,” said Sen. Pennacchio (R-26). “We need to strike a balance between growth and preservation. We’re not just talking about helping more people achieve the American dream; we’re talking about helping families build successful futures in the communities they love. By allowing the use of RCAs once again, towns that would be negatively affected by mandatory development will be able to support the construction of low-cost housing units in areas that can best handle the growth and are eager to do so.”
Since 2008, municipalities have been prohibited from using RCAs to meet court-mandated development quotas. This has created a burden for towns who have been forced to find space to build court-mandated development in communities that may not be able to support the increase in density.
Last Monday, the Senate Budget and Appropriations Committee will vote on Democrat-led legislation to reform municipal responsibilities concerning court-mandated development. Senator Pennacchio believes RCAs — voluntary agreements between two willing municipalities to meet court-mandated development quotas — need to be a part of broader reforms to achieve fair results for both municipalities and homeowners in New Jersey.
Senator Pennacchio’s legislation, S-431, would amend the Fair Housing Act to re-authorize the use of RCAs by municipalities to meet court-mandated development quotas. The bill would also establish a role in the approval process for the Department of Community Affairs (DCA), the Commissioner of Community Affairs, and the Attorney General.
Under the bill, municipalities would be authorized to propose transferring up to 50% of their fair share housing obligations to another municipality within its housing region through an RCA.
“Municipalities are in desperate need of relief from the burden of court-mandated development quotas. We need a broad, bipartisan approach to fix this issue for municipalities and this bill could accomplish that,” Sen. Pennacchio said. “RCAs would ensure that every town in New Jersey has skin in the game when determining the best areas to build low-cost housing.”
