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Posted on: June 28, 2021

Legislators Approve Conditional Veto Recommendations of Bill Exempting Certain Housing from Zoning

In March, legislators passed S-1676/A-3326, which would allow hospitals to construct housing and provide wrap-around services for individuals who are homeless or housing insecure. While we support efforts aimed at providing health care and housing to those in need, we oppose provisions of the legislation which would deem such housing as a permitted use in all residential and nonresidential districts within a municipality, thereby completely exempting such housing from local zoning requirements.

The measure was conditionally vetoed by Governor Murphy, where he recommended changes that would provide clarifying language related to affordable housing credits and identifies eligibility standards to qualify for the housing. These changes were welcomed but did not address the League’s concerns dealing with zoning.

This week, both houses approved the recommendations in the Governor’s conditional veto, sending the amended bill back to him, where he will have 10 days to take action. It is anticipated that Governor Murphy will sign these bills into law. You should review S-1676/A-3326 with your land use officials and municipal attorney for more information on its potential impact.

Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.

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