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Bill

A 3388

Prohibits statewide elected officers and certain appointed officers from receiving compensation for any book or other published work written during the course of their term of service

2025 Regular Session Introduced by Dave DiPietro

Creates a sweat-equity certified nonprofit designation to accelerate affordable housing via occupant labor, with regulatory exemptions and expedited DCA support.

REFERRED TO GOVERNMENTAL OPERATIONS
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Bill Summary · A 3388

Note: the bill text provided and the Committee Statement concern facilitating affordable housing produced through “sweat equity.” The short title at the top of the submission (regarding compensation for books by statewide elected officers) appears to be unrelated to the bill content below. This summary follows the bill text about sweat-equity affordable housing (A-3388).

Summary — A-3388 (reprint A, 12/9/24)

Purpose
- To promote construction and rehabilitation of affordable housing in New Jersey by households contributing “sweat equity” (labor by the eventual occupant), by certifying nonprofit sponsors, easing certain regulatory requirements for those projects, and directing Department of Community Affairs (DCA) support to accelerate such production.

Key provisions
- Creates a new “sweat equity certified nonprofit” designation administered by the Commissioner of Community Affairs. The commissioner must adopt an application process and approve applicants that:
- Have relevant experience facilitating construction/rehab that uses sweat equity;
- Maintain affordability controls ensuring units remain affordable to low- and moderate-income households for a reasonable period;
- Promote opportunities to a diverse cross-section of the public;
- Are organized under the New Jersey Nonprofit Corporation Act or as a Title 16 religious corporation.

  • Regulatory exemptions and substitutions where sweat equity is used and a certified nonprofit facilitates the unit:

    • Waives adaptability requirements (the technical barrier-free standards in the State Uniform Construction Code/P.L.2005, c.350) for those units.
    • Exempts such units from ordinary affirmative marketing requirements under the Fair Housing Act and related implementing provisions (including P.L.2020, c.51) that would otherwise be required for a unit to count toward a municipality’s fair-share obligation.
    • Allows the certified nonprofit’s affordability controls to substitute for equivalent requirements of the Uniform Housing Affordability Controls (UHAC) promulgated by the New Jersey Housing & Mortgage Finance Agency.
  • Directs the Commissioner to have the Office of Local Planning Services (or other DCA divisions) provide expedited assistance to certified nonprofits and municipalities to:

    • Ensure sweat-equity units count toward municipal fair-share affordable housing obligations;
    • Facilitate transfer of abandoned property for low- and moderate-income housing (including individual abandoned property takings under section 37 of the New Jersey Urban Redevelopment Act);
    • Facilitate use of municipal affordable housing trust funds and the New Jersey Affordable Housing Trust Fund for production of sweat-equity units.

Implementation timeline
- Commissioner must adopt implementing rules and regulations by the first day of the fourth month following enactment.
- Bill takes effect the first day of the fourth month following enactment.

Who is affected
- Low- and moderate-income households that will occupy sweat-equity units.
- Nonprofit organizations pursuing certification to facilitate sweat-equity housing.
- Municipalities (fair-share accounting, abandoned property transfers, use of local trust funds).
- Department of Community Affairs, New Jersey Housing & Mortgage Finance Agency (on UHAC substitution).
- Groups concerned with accessibility standards and affirmative marketing practices, notably persons with disabilities and fair housing advocates.

Potential impacts and considerations
- Likely to lower development costs and accelerate production of affordable homeownership or rental units by leveraging occupant labor and streamlining approvals.
- Substituting nonprofit affordability controls for UHAC and waiving adaptability and affirmative marketing requirements may raise concerns about long-term enforcement, accessibility for persons with disabilities, and equitable outreach/selection unless the substituted controls and nonprofit practices are robustly enforced.
- Expedited access to abandoned property and trust fund resources could materially increase project feasibility for certified nonprofits.

Legislative status and sponsors
- Introduced: 02/01/2024 (Assembly Housing Committee)
- Reported out of Assembly Housing Committee with amendments: 12/09/2024 (2nd Reading)
- Referred to Governmental Operations: 01/27/2025
- Primary sponsor: Assemblyman David DiPietro
- Related/companion bills: S-3646; S-1446; prior-session bills A-7107, A-5493

For full text and statutory citations referenced: P.L.1985, c.222 (C.52:27D-301 et seq.), P.L.2005, c.350 (C.52:27D-311a et al.), P.L.2020, c.51, N.J.S.15A:1-1 et seq., and the New Jersey Urban Redevelopment Act (P.L.1996, c.62).

Compiled from official sources — confirm details with the bill’s official record.

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