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Bill

ACR 138

Proposes amendment to New Jersey Constitution to prohibit exclusionary zoning and clarify municipal obligations regarding affordable housing construction.

2026-2027 Regular Session Introduced by John DiMaio

Constitutional amendment requires New Jersey municipalities to enable affordable housing by prohibiting exclusionary zoning and mandating municipal obligations for affordable development.

Introduced, Referred to Assembly Housing Committee
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Bill Summary · ACR 138

Legislative bill overview

ACR 138 proposes a constitutional amendment to New Jersey that would prohibit exclusionary zoning practices and establish explicit municipal obligations to facilitate affordable housing construction. The amendment would constitutionally mandate that municipalities actively enable affordable housing development rather than merely comply with state guidelines.

Why is this important

New Jersey has faced persistent housing affordability crises and segregation partly due to local zoning restrictions that effectively exclude lower-income residents. A constitutional amendment would create enforceable obligations beyond current state law, potentially forcing municipalities to remove restrictive zoning codes and approve affordable developments, which could reshape housing availability and demographic patterns across the state.

Potential points of contention

  • Local control vs. state mandate: Municipalities may argue the amendment infringes on home rule and local decision-making authority over land use and development
  • Implementation costs and definitions: Unclear what "prohibit exclusionary zoning" specifically requires and who bears financial responsibility for affordable housing construction or subsidies
  • Property rights and values: Homeowners in affluent areas may worry about decreased property values, neighborhood character changes, or unwanted density from mandatory affordable housing
  • Developer incentives: Questions about whether the amendment includes sufficient incentives or density bonuses to make affordable projects financially viable for builders

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

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