reglab/housing_qa huggingface dataset:
NJ Rev Stat § 52:27D-313 (2021)
2021 New Jersey Revised Statutes|Title 52 - State Government, Departments and Officers|Section 52:27D-313 - Petition for substantive certification.

52:27D-313 Petition for substantive certification.  13. a. A municipality which has filed a housing element may, at any time during a two-year period following the filing of the housing element, petition the council for a substantive certification of its element and ordinances or institute an action for declaratory judgment granting it repose in the Superior Court, but in no event shall a grant of substantive certification extend beyond a 10-year period starting on the date the municipality files its housing element with the council. The municipality shall publish notice of its petition in a newspaper of general circulation within the municipality and county and shall make available to the public information on the element and ordinances in accordance with such procedures as the council shall establish. The council shall also establish a procedure for providing public notice of each petition which it receives. b. Notwithstanding the provisions of subsection a. of this section, a municipality which filed a housing element prior to the effective date of P.L.1990, c.121, shall be permitted to petition for substantive certification at any time within two years following that filing, or within one year following the effective date of P.L.1990, c.121, whichever shall result in permitting the municipality the longer period of time within which to petition. The Council shall establish procedures for a realistic opportunity review at the midpoint of the certification period and shall provide for notice to the public. L.1985,c.222,s.13; amended 1990, c.121; 2001, c.435, s.5.
NJ Rev Stat § 52:27D-313.1 (2021)
2021 New Jersey Revised Statutes|Title 52 - State Government, Departments and Officers|Section 52:27D-313.1 - Previous application for development

52:27D-313.1. Previous application for development  The Council on Affordable Housing shall not consider for substantive certification any application of a housing element submitted which involves the demolition of a residential structure, which has not been declared unfit, or which was within the previous three years negligently or willfully rendered unfit, for human occupancy or use pursuant to P.L.1942, c.112 (C.40:48-2.3 et seq.), and which is situated on a lot of less than two acres of land or on a lot formed by merging two or more such lots, unless an application for development has been previously approved by the municipal planning board or municipal zoning board pursuant to procedures prescribed by the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.).  L.1989,c.142,s.2.
NJ Rev Stat § 52:27D-314 (2021)
2021 New Jersey Revised Statutes|Title 52 - State Government, Departments and Officers|Section 52:27D-314 - Issuance of certification

52:27D-314. Issuance of certification  Unless an objection to the substantive certification is filed with the council by any person within 45 days of the publication of the notice of the municipality's petition, the council shall review the petition and shall issue a substantive certification if it shall find that:  a. The municipality's fair share plan is consistent with the rules and criteria adopted by the council and not inconsistent with achievement of the low and moderate income housing needs of the region as adjusted pursuant to the council's criteria and guidelines adopted pursuant to subsection c. of section 7 of this act; and  b. The combination of the elimination of unnecessary housing cost-generating features from the municipal land use ordinances and regulations, and the affirmative measures in the housing element and implementation plan make the achievement of the municipality's fair share of low and moderate income housing realistically possible after allowing for the implementation of any regional contribution agreement approved by the council. In conducting its review, the council may meet with the municipality and may deny the petition or condition its certification upon changes in the element or ordinances. Any denial or conditions for approval shall be in writing and shall set forth the reasons for the denial or conditions. If, within 60 days of the council's denial or conditional approval, the municipality refiles its petition with changes satisfactory to the council, the council shall issue a substantive certification.  Once substantive certification is granted, the municipality shall have 45 days in which to adopt its fair share housing ordinance approved by the council.  L. 1985, c. 222, s. 14, eff. July 2, 1985, operative July 2, 1985.
NJ Rev Stat § 52:27D-315 (2021)
2021 New Jersey Revised Statutes|Title 52 - State Government, Departments and Officers|Section 52:27D-315 - Mediation, review process

52:27D-315. Mediation, review process  a. The council shall engage in a mediation and review process in the following situations: (1) if an objection to the municipality's petition for substantive certification is filed with the council within the time specified in section 14 of this act; or (2) if a request for mediation and review is made pursuant to section 16 of this act.  b. In cases in which an objection is filed to substantive certification the council shall meet with the municipality and the objectors and attempt to mediate a resolution of the dispute. If the mediation is successful, the council shall issue a substantive certification if it finds that the criteria of section 14 of this act have been met.  c. If the mediation efforts are unsuccessful, the matter shall be transferred to the Office of Administrative Law as a contested case as defined in the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.).  The Office of Administrative Law shall expedite its hearing process as much as practicable by promptly assigning an administrative law judge to the matter; promptly scheduling an evidentiary hearing; expeditiously conducting and concluding the evidentiary hearing; limiting the time allotted for briefs, proposed findings of fact, conclusions of law, forms of order or other disposition, or other supplemental material; and the prompt preparation of the initial decision. A written transcript of all oral testimony and copies of all exhibits introduced into evidence shall be submitted to the council by the Office of Administrative Law simultaneously with a copy of the initial decision. The evidentiary hearings shall be concluded and the initial decision issued no later than 90 days after the transmittal of the matter as a contested case to the Office of Administrative Law by the council, unless the time is extended by the Director of the Office of Administrative Law for good cause shown.  L. 1985, c. 222, s. 15, eff. July 2, 1985, operative July 2, 1985.
NJ Rev Stat § 52:27D-316 (2021)
2021 New Jersey Revised Statutes|Title 52 - State Government, Departments and Officers|Section 52:27D-316 - Motion for transfer

52:27D-316. Motion for transfer  For those exclusionary zoning cases instituted more than 60 days before the effective date of this act, any party to the litigation may file a motion with the court to seek a transfer of the case to the counciL. In determining whether or not to transfer, the court shall consider whether or not the transfer would result in a manifest injustice to any party to the litigation. If the municipality fails to file a housing element and fair share plan with the council within five months from the date of transfer, or promulgation of criteria and guidelines by the council pursuant to section 7 of this act, whichever occurs later, jurisdiction shall revert to the court.  b. Any person who institutes litigation less than 60 days before the effective date of this act or after the effective date of this act challenging a municipality's zoning ordinance with respect to the opportunity to provide for low or moderate income housing, shall file a notice to request review and mediation with the council pursuant to sections 14 and 15 of this act. In the event that the municipality adopts a resolution of participation within the period established in subsection a. of section 9 of this act, the person shall exhaust the review and mediation process of the council before being entitled to a trial on his complaint.  L. 1985, c. 222, s. 16, eff. July 2, 1985, operative July 2, 1985.
NJ Rev Stat § 52:27D-317 (2021)
2021 New Jersey Revised Statutes|Title 52 - State Government, Departments and Officers|Section 52:27D-317 - Presumption of validity

52:27D-317. Presumption of validity  a. In any exclusionary zoning case filed against a municipality which has a substantive certification and in which there is a requirement to exhaust the review and mediation process pursuant to section 16 of this act, there shall be a presumption of validity attaching to the housing element and ordinances implementing the housing element. To rebut the presumption of validity, the complainant shall have the burden of proof to demonstrate by clear and convincing evidence that the housing element and ordinances implementing the housing element do not provide a realistic opportunity for the provision of the municipality's fair share of low and moderate income housing after allowing for the implementation of any regional contribution agreement approved by the council.  b. There shall be a presumption of validity attaching to any regional contribution agreement approved by the council. To rebut the presumption of validity, the complainant shall have the burden of proof to demonstrate by clear and convincing evidence that the agreement does not provide for a realistic opportunity for the provision of low and moderate income housing within the housing region.  c. The council shall be made a party to any exclusionary zoning suit against a municipality which receives substantive certification, and shall be empowered to present to the court its reasons for granting substantive certification.  L. 1985, c. 222, s. 17, eff. July 2, 1985, operative July 2, 1985.
NJ Rev Stat § 52:27D-318 (2021)
2021 New Jersey Revised Statutes|Title 52 - State Government, Departments and Officers|Section 52:27D-318 - Expiration of administrative remedy obligation

52:27D-318. Expiration of administrative remedy obligation  If a municipality which has adopted a resolution of participation pursuant to section 9 of this act fails to meet the deadline for submitting its housing element to the council prior to the institution of exclusionary zoning litigation, the obligation to exhaust administrative remedies contained in subsection b. of section 16 of this act automatically expires. The obligation also expires if the council rejects the municipality's request for substantive certification or conditions its certification upon changes which are not made within the period established in this act or within an extension of that period agreed to by the council and all litigants.  L. 1985, c. 222, s. 18, eff. July 2, 1985, operative July 2, 1985.
NJ Rev Stat § 52:27D-319 (2021)
2021 New Jersey Revised Statutes|Title 52 - State Government, Departments and Officers|Section 52:27D-319 - Motion for relief

52:27D-319. Motion for relief  If the council has not completed its review and mediation process for a municipality within six months of receipt of a request by a party who has instituted litigation, the party may file a motion with a court of competent jurisdiction to be relieved of the duty to exhaust administrative remedies. In the case of review and mediation requests filed within nine months after this act takes effect, the six-month completion date shall not begin to run until nine months after this act takes effect.  L. 1985, c. 222, s. 19, eff. July 2, 1985, operative July 2, 1985.
NJ Rev Stat § 52:27D-320.1 (2021)
2021 New Jersey Revised Statutes|Title 52 - State Government, Departments and Officers|Section 52:27D-320.1 - Appropriation to the "New Jersey Affordable Housing Trust Fund."

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), to replace the suspended non-residential development fee established under the provisions of the "Statewide Non-Residential Development Fee Act," sections 32 through 38 of P.L.2008, c.46 (C.40:55D-8.1 through C.40:55D-8.7). b. (1) Municipalities authorized by the provisions of the "Statewide Non-Residential Development Fee Act," sections 32 through 38 of P.L.2008, c.46 (C.40:55D-8.1 through C.40:55D-8.7) to directly receive and use development fees are permitted to petition the commissioner for the award of a grant or loan of any portion of the appropriation described in subsection a. of this section. The commissioner shall award grants or loans from the fund to municipalities that incorporated anticipated or existing housing projects and programs funded by a municipal development trust fund in a housing element submitted to the council pursuant to section 7 of P.L.1985, c.222 (C.52:27D-307).  (2) The commissioner shall target the award of any grant or loan to municipalities based on the extent that their housing plan relied on housing projects or programs funded in part or in whole by municipal development trust fund revenues. L.2009, c.90, s.41.
NJ Rev Stat § 52:27D-321.1 (2021)
2021 New Jersey Revised Statutes|Title 52 - State Government, Departments and Officers|Section 52:27D-321.1 - Allocation of low income tax credits.

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 allocated under federal law, including allocations of 4 percent or 9 percent federal low income tax credits, and including allocations allowable for partial credits. The affordable portion of any mixed income or mixed use development that is part of a fair share housing plan approved by the council, or a court-approved judgment of repose or compliance, including, but not limited to, a development that has received a density bonus, shall be permitted to receive allocations of low income tax credits, provided that the applicant can conclusively demonstrate that the market rate residential or commercial units are unable to internally subsidize the affordable units, and the affordable units are developed contemporaneously with the commercial or market rate residential units. L.2008, c.46, s.19.
NJ Rev Stat § 52:27D-321.2 (2021)
2021 New Jersey Revised Statutes|Title 52 - State Government, Departments and Officers|Section 52:27D-321.2 - Maintenance, publishing of annual report by NJHMFA.

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 pursuant to section 21 of P.L.1985, c.222 (C.52:27D-321). The report shall detail the number and amounts of grants, loans, the average loan amount made, the amounts of low income tax credits allocated by the agency, by location, and the number of proposed units, and any additional information which the agency deems informative to the public. L.2008, c.46, s.20.
NJ Rev Stat § 52:27D-321.3 (2021)
2021 New Jersey Revised Statutes|Title 52 - State Government, Departments and Officers|Section 52:27D-321.3 - Findings, declarations relative to online marketing of affordable housing units.

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 sixth most expensive in the United States and growing the number of renters and homeowners that are housing cost-burdened, spending a disproportionate percentage of their income on high rent or mortgage payments; b. To address the Statewide shortage in affordable housing, tens of thousands of affordable housing units have been and will be made available to very low-, low-, and moderate-income families, the elderly, and persons with disabilities in New Jersey through a wide variety of federal and State programs, including those implemented under the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.); c. Current rules designed to implement the "Fair Housing Act" require that the developer or administrative agent of the affordable units affirmatively market their units through newspaper and radio or television, but digital marketing is not explicitly required; d. Due to the fragmentation of information consumption and the advent of housing search websites, an increasing number of residents are conducting their housing searches online; e. The manner in which residents are searching for affordable housing and the existing rules for affirmatively marketing affordable units are no longer compatible due to changes in technology and, therefore, necessitate an update to facilitate more effective, streamlined, and fair searches of affordable housing for very low-, low-, and moderate-income residents of New Jersey in the furtherance of the "Fair Housing Act"; f. An infrastructure for hosting the increased postings already exists as the New Jersey Housing Resource Center, an affordable housing listing portal overseen by the New Jersey Housing and Mortgage Finance Agency; and g. It is, therefore, in the interest of the residents of the State, and necessary for ensuring that the State's municipalities are compliant with their constitutional responsibility to affirmatively afford a reasonable opportunity for low- and moderate-income families to reside in their boundaries, that the agency, developers, and municipalities comply with P.L.2020, c.51 (C.52:27D-321.3 et seq.). L.2020, c.51, s.1.
NJ Rev Stat § 52:27D-321.4 (2021)
2021 New Jersey Revised Statutes|Title 52 - State Government, Departments and Officers|Section 52:27D-321.4 - Definitions relative to online marketing of affordable housing units.

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 marketed by a developer or sponsor of affordable housing. An affirmative marketing plan shall target eligible persons who are least likely to apply for affordable units in the region. "Agency" means the Housing and Mortgage Finance Agency established pursuant to section 4 of the "New Jersey Housing and Mortgage Finance Agency Law of 1983," P.L.1983, c.530 (C.55:14K-4). "Development" means any residential development in which housing for very low-, low-, or moderate-income households is required, including developments receiving credit in a municipal housing element and fair share plan or otherwise approved by the council or court, or in which such housing is required via land use approvals from any municipal land use board. L.2020, c.51, s.2.
NJ Rev Stat § 52:27D-321.5 (2021)
2021 New Jersey Revised Statutes|Title 52 - State Government, Departments and Officers|Section 52:27D-321.5 - Administration of online portal.

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.
NJ Rev Stat § 52:27D-322 (2021)
2021 New Jersey Revised Statutes|Title 52 - State Government, Departments and Officers|Section 52:27D-322 - 6-year moratorium

52:27D-322. 6-year moratorium  Any municipality which has reached a settlement of any exclusionary zoning litigation prior to the effective date of this act shall not be subject to any exclusionary zoning suit for a six year period following the effective date of this act. Any such municipality shall be deemed to have a substantively certified housing element and ordinances, and shall not be required during that period to take any further actions with respect to provisions for low and moderate income housing in its land use ordinances or regulations.  L. 1985, c. 222, s. 22, eff. July 2, 1985, operative July 2, 1985.
NJ Rev Stat § 52:27D-324 (2021)
2021 New Jersey Revised Statutes|Title 52 - State Government, Departments and Officers|Section 52:27D-324 - Agency administration of controls, agreements to provide services

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 administer resale controls and rent controls in municipalities where no appropriate administrative agency exists. The contractual agreements shall be for the duration of the controls and shall involve eligibility determinations, determination of initial occupants, the marketing of units, maintenance of eligibility lists for subsequent purchasers or renters, and determination of maximum resale prices or rents. The agency may charge the municipality or inclusionary developer a reasonable per unit fee for entering into such an agreement, or may charge a reasonable fee to a low or moderate income household at the time the home is sold subject to the resale control or both. Agency fees shall be established according to methods or schedules approved by the State Treasurer. Neither the agency nor any other entity entering into an agreement to provide services to a municipality under this section shall require, as a condition of that agreement, that these services be provided for all eligible housing units in the municipality. A municipality, at its discretion, may enter into an agreement for the provision of services for any reasonable portion of its eligible housing units. L.1985, c.222, s.24; amended 1996, c.113, s.20.
NJ Rev Stat § 52:27D-325 (2021)
2021 New Jersey Revised Statutes|Title 52 - State Government, Departments and Officers|Section 52:27D-325 - Municipal powers

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 or useful for the construction or rehabilitation of low and moderate income housing or conversion to low and moderate income housing.  The municipality may provide for the acquisition, construction and maintenance of buildings, structures or other improvements necessary or useful for the provision of low and moderate income housing, and may provide for the reconstruction, conversion or rehabilitation of those improvements in such manner as may be necessary or useful for those purposes.  Notwithstanding the provisions of any other law regarding the conveyance, sale or lease of real property by municipalities, the municipal governing body may, by resolution, authorize the private sale and conveyance or lease of a housing unit or units acquired or constructed pursuant to this section, where the sale, conveyance or lease is to a low or moderate income household or nonprofit entity and contains a contractual guarantee that the housing unit will remain available to low and moderate income households for a period of at least 30 years.  L.1985,c.222,s.25; amended 1990,c.109,s.1.