2022 CAI-NJ September LAC Issue

SINGLE FAMILY... from page 16.

requires that two-thirds of the full governing body vote in favor of such an ordinance. The Mukherji bill, while similar to the Singleton bill, does not permit municipalities to opt out; allows ADUs to be constructed within five feet of a rear lot boundary; gives the New Jersey Department of Community Affairs (DCA) broad rule-making authority, and expressly supersedes any provi sion in a community association’s governing documents that is inconsistent with the bill. The Legislative Action Committee (NJ-LAC) has been active in reacting to these bills. It has provided a memorandum to Senator Singleton setting forth its concerns, which include: • Clarity concerning the bill’s definitions, including inappli cability of ADUs to condominiums • Limiting ADUs to low- and moderate-income housing so the ADUs do not become high- rental-value luxury units that will bring more residents and cars to single-family zones • Eliminate the bill’s provisions that prohibits municipalities from requiring housing to be age-restricted when the zone in question includes lots in an age-restricted community

PROTECT YOUR PROPERTY At home or the office... I know my wags ™ valve is keeping me safe. Mukherji is the sponsor, which this article refers to as the Singleton bill. The second is Assembly bill A3584, intro duced by Assemblypersons Timberlake, McKnight, and Mukherji, which, as of the writing of this article, has no Senate companion and is referred to as the Mukherji bill. The Singleton bill requires that the ADU have no less than 30 percent of the floor area of the primary dwelling and be located on the same lot as the primary dwelling unit. It allows ADUs in all single-family zones and allows munici palities to restrict the ADUs to low- and moderate-income housing (to meet each municipality’s affordable housing obligation) but does not require all such housing to be affordable. It is not clear whether this bill could allow a condominium unit to be divided into two separate units, but the Singleton bill in its current form does not supersede association governing documents. The Singleton bill also allows municipalities to opt out of having all its single-family zones be subject to ADUs but

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