2022 CAI-NJ September LAC Issue

WILL SINGLE FAMILY ZONING DIE IN NEW JERSEY? By J. David Ramsey, Esq., CCAL, Becker

“A recent study found that New Jersey has only 31 affordable dwellings for every 100 families requiring such housing...”

M any parts of the United States face a housing crisis with a deficit in housing that is affordable for many people. Freddie Mac, a purchaser of mortgages in the secondary market, like Fannie Mae, has estimated that there is a shortage of 3.8 million hous ing units in the United States. This has been reported to contribute to the “tent cities” that have been created at highway interchanges in some states, and in some cities has significantly increased the number of homeless people. In addition, it has led to over-crowding of apartments, con dominium units and other forms of housing. A recent study found that New Jersey has only 31 affordable dwellings for every 100 families requiring such housing — the worst ratio in the northeast United States. New Jersey’s legislators are starting to respond to this urgent housing need. Other states have started to react to this crisis by allowing the creation of accessory dwelling

units in areas that previously allowed only single-family zoning. While these efforts have, to some extent, been successful in adding housing that is more affordable to a larger cohort of purchasers, they potentially create serious issues for community associations. What is an accessory dwelling unit (ADU)? It can vary. In each instance it constitutes an additional separate dwell ing unit with facilities for independent living on a lot that is limited to one single-family dwelling unit. The ADU can be free-standing, attached to the primary home, or be an apartment over a free-standing garage. Sometimes they house older parents of the lot owners, while providing inde pendent living and provide an alternative to assisted living. Two bills have been introduced in New Jersey. The first is S345, pending in the Senate and co-sponsored by Senators Singleton and Zwicker, with an identical compan ion bill in the Assembly (A1987) for which Assemblyman CONT I NU E S ON PAGE 18

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