New Jersey § 52:27d-311

§ 52:27d-311.

a. In adopting its housing element, the municipality may provide for its fair share

of low and moderate income housing by means of any technique or combination of techniques

which provide a realistic opportunity for the provision of the fair share. The housing element shall contain an analysis demonstrating that it will provide

such a realistic opportunity, and the municipality shall establish that its land use

and other relevant ordinances have been revised to incorporate the provisions for

low and moderate income housing. In preparing the housing element, the municipality shall consider the following

techniques for providing low and moderate income housing within the municipality,

as well as such other techniques as may be published by the council or proposed by

the municipality: (1) Rezoning for densities necessary to assure the economic viability of any inclusionary

developments, either through mandatory set-asides or density bonuses, as may be necessary

to meet all or part of the municipality's fair share in accordance with the regulations

of the council and the provisions of subsection h. of this section; (2) Determination of the total residential zoning necessary to assure that the municipality's

fair share is achieved; (3) Determination of measures that the municipality will take to assure that low and

moderate income units remain affordable to low and moderate income households for

an appropriate period of not less than six years; (4) A plan for infrastructure expansion and rehabilitation if necessary to assure

the achievement of the municipality's fair share of low and moderate income housing; (5) Donation or use of municipally owned land or land condemned by the municipality

for purposes of providing low and moderate income housing; (6) Tax abatements for purposes of providing low and moderate income housing; (7) Utilization of funds obtained from any State or federal subsidy toward the construction

of low and moderate income housing; (8) Utilization of municipally generated funds toward the construction of low and

moderate income housing; and (9) The purchase of privately owned real property used for residential purposes at

the value of all liens secured by the property, excluding any tax liens, notwithstanding

that the total amount of debt secured by liens exceeds the appraised value of the

property, pursuant to regulations promulgated by the Commissioner of Community Affairs

pursuant to subsection b. of section 41 of P.L.2000, c. 126 ( C.52:27D-311.2 ). b. The municipality may provide for a phasing schedule for the achievement of its

fair share of low and moderate income housing. c. (Deleted by amendment, P.L.2008, c. 46 ) d. Nothing in P.L.1985, c. 222 ( C.52:27D-301 et al.) shall require a municipality to raise or expend municipal revenues in order

to provide low and moderate income housing. e. When a municipality's housing element includes the provision of rental housing

units in a community residence for the developmentally disabled, as defined in section

2 of P.L.1977, c. 448 ( C.30:11B-2 ), which will be affordable to persons of low and moderate income, and for which adequate

measures to retain such affordability pursuant to paragraph (3) of subsection a. of

this section are included in the housing element, those housing units shall be fully

credited as permitted under the rules of the council towards the fulfillment of the

municipality's fair share of low and moderate income housing. f. It having been determined by the Legislature that the provision of housing under

P.L.1985, c. 222 ( C.52:27D-301 et al.) is a public purpose, a municipality or municipalities may utilize public

monies to make donations, grants or loans of public funds for the rehabilitation of

deficient housing units and the provision of new or substantially rehabilitated housing

for low and moderate income persons, providing that any private advantage is incidental. g. A municipality which has received substantive certification from the council, and

which has actually effected the construction of the affordable housing units it is

obligated to provide, may amend its affordable housing element or zoning ordinances

without the approval of the council. h. Whenever affordable housing units are proposed to be provided through an inclusionary

development, a municipality shall provide, through its zoning powers, incentives to

the developer, which shall include increased densities and reduced costs, in accordance

with the regulations of the council and this subsection. i. The council, upon the application of a municipality and a developer, may approve

reduced affordable housing set-asides or increased densities to ensure the economic

feasibility of an inclusionary development. j. A municipality may enter into an agreement with a developer or residential development

owner to provide a preference for affordable housing to low to moderate income veterans

who served in time of war or other emergency, as defined in section 1 of P.L.1963,

c. 171 ( C.54:4-8.10 ), of up to 50 percent of the affordable units in that particular project. This preference shall be established in the applicant selection process for available

affordable units so that applicants who are veterans who served in time of war or

other emergency, as referenced in this subsection, and who apply within 90 days of

the initial marketing period shall receive preference for the rental of the agreed-upon

percentage of affordable units. After the first 90 days of the initial 120-day marketing period, if any of those

units subject to the preference remain available, then applicants from the general

public shall be considered for occupancy. Following the initial 120-day marketing period, previously qualified applicants

and future qualified applicants who are veterans who served in time of war or other

emergency, as referenced in this subsection, shall be placed on a special waiting

list as well as the general waiting list. The veterans on the special waiting list shall be given preference for affordable

units, as the units become available, whenever the percentage of preference-occupied

units falls below the agreed upon percentage. Any agreement to provide affordable housing preferences for veterans pursuant to

this subsection shall not affect a municipality's ability to receive credit for the

unit from the council, or its successor.