STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman WILLIAM B. SAMPSON, IV
District 31 (Hudson)
SYNOPSIS
Establishes Statewide residency preference for affordable housing.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act establishing a Statewide residency preference for affordable housing and supplementing P.L.1985, c.222 (C.52:27D-301 et al.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Notwithstanding any law to the contrary, a municipality that has obtained compliance certification pursuant to section 3 of P.L.2024, c.2 (C.52:27D-304.1), and a developer or property owner, seeking to sell or lease low- or moderate-income housing pursuant to P.L.1985, c.222 (C.52:27D-301 et al), shall give preference for all available low- and moderate-income housing units in the municipality to those households having at least one member who resides in the State of New Jersey.
b. Nothing in subsection a. of this section shall be construed to require a person to be a State resident for any specific duration or period of time prior to receiving a preference for affordable housing, which preference shall be given on the first day that the person establishes residency in the State of New Jersey.
2. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Community Affairs shall adopt rules and regulations necessary to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), on or before the first day of the fifth month next following enactment.
3. This act shall take effect on the first day of the fifth month next following enactment, except the Commissioner of Community Affairs shall take such anticipatory actions as necessary to comply with the provisions of this act.
STATEMENT
This bill permits municipalities and persons seeking to sell or lease housing for low- or moderate-income households, in compliance with the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.), to provide a preference for households having at least one member who resides in the State of New Jersey.
Specifically, the bill authorizes a municipality, and a property owner or developer, seeking to sell or lease housing for low- or moderate-income households, in compliance with the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.), to provide a preference for occupancy for those households having at least one member who resides in the State of New Jersey.
The bill specifies that the bill’s provisions are not to be construed so as to require a person to a be a State resident for any specific duration or period of time prior to receiving preference for affordable housing, which the bill specifies is to be given on the first day that a person establishes residency in the State of New Jersey.
The bill would take effect on the first day of the fifth month next following enactment, except the Commissioner of Community Affairs would be permitted to take anticipatory actions necessary to comply with the provisions of the bill.