January 24, 2010
LEAGUE STATEMENT ON CONDITIONAL VETO OF S-1
League Executive Director Bill Dressel issued the following statement following Governor Christie’s conditional veto of S-1.
“We thank and commend the Governor for his action today in issuing a conditional veto of S-1. The Governor’s action protects municipalities and taxpayers from unreasonable obligations, and is in the best interest of the State.
The League of Municipalities has long championed a rational, reasonable and sustainable solution to the State’s affordable housing policies. For a very long time S-1 held such promise, but as the process went on and special interests weighed in, the bill changed dramatically for the worse. While we appreciate and respect the work of sponsors, including Senator Lesniak and Assemblyman Green, the version of S-1 that passed the Legislature was no longer rational, reasonable or sustainable.”
Among the reasons the League opposed S-1 are:
The bill would increase the obligation for affordable housing from COAH’s gross obligation of approximately 190,000 units to 230,000. In the first ten-year housing cycle contemplated by S-1, the number of units required is estimated at 48,491. The second ten-year housing cycle obligation, in the bill adopted by the Senate and Assembly, would have risen the first cycle of 48,491 to an additional 62,647 affordable units, with an additional 37,300 carried over into the third housing cycle;
The bill would have required municipalities to provide 25% of their obligation through inclusionary development, which would require a reliance on market rate units. Further, the bill would have mandated densities of between 6 and 50 units per acre in inclusionary projects. These requirements would lead to sprawl.
Even compliant municipalities could face litigation. A challenge to the municipal plan of compliance would have taken the form of a trial in the Law Division of the Superior Court, much in the same way that municipalities are now subject to builder’s remedy litigation if they do not participate in the COAH process or seek a declaratory judgment of compliance.
Michael Cerra, Sr. Legislative Analyst firstname.lastname@example.org (609) 695-3481 x120 or (609) 532-2494