Questions for Senator Lesniak on S-1
Posted by Kevin Walsh on March 8th 2010
Today, the Senate Economic Growth Committee was scheduled to vote on an amended version of S-1, Senator Ray Lesniak’s bill that would fundamentally undermine New Jersey’s affordable housing policies. On Friday afternoon, however, Senator Lesniak announced that the committee hearing would be postponed and that instead he would meet with the media at 11 a.m.
As we have previously stated, the new version of S-1 is a bizarre bill that simply does not make sense, let alone meet the state’s constitutional obligations for a fair and effective system of delivering a wide range of housing choices. We had hoped, along with civil rights and religious leaders that Sen. Lesniak has not allowed to testify at his previous two hearings on the bill, to speak before the committee and have an open public dialogue. We are disappointed that Sen. Lesniak has turned a committee hearing with public testimony into a one-sided press event.
To date, Senator Lesniak has said little about the details of S-1. When he has spoken, his statements have been contradictory and confusing, and the revised bill he has produced undermines many of his stated goals. Indeed, at this point, especially given the strange proposals in the revised bill, it is not clear what Senator Lesniak’s goals are. We hope he sheds light on what he hopes to accomplish at this morning’s meeting with the media. In particular, we urge the media to ask Senator Lesniak to address the following issues:
Senator Lesniak has said that “COAH has had 25 years of failure, producing an average of 2,000 affordable housing units a year.” (Hudson Reporter, Feb. 11. 2010). In a January 20, 2010 press release he said S-1’s ”market driven approach – free from complex, confusing and costly state requirements – will produce more affordable housing.” In a meeting with the Star Ledger editorial board, however, the senator said that S-1 is not designed to produce more housing. (Star Ledger, March 3, 2010). Is S-1 intended to produce more, less, or the same amount of housing per year as New Jersey has produced historically? If it is designed to produce more homes, how will it do so?
Senator Lesniak has acknowledged that the amended S-1 would exempt half of New Jersey’s municipalities from further obligations. Many of these municipalities have produced little, if any, affordable housing, such as Far Hills, Roseland, and Parsippany-Troy Hills. On what basis does he justify that towns such as Far Hills and Roseland have done enough affordable housing?
In municipalities not exempted in the bill, S-1 would permit a developer on a site with sewer service to force a zoning board to accept its proposed development anywhere in the town. This would remove the ability of municipalities to plan and zone for housing and would expose half of the municipalities in the state to the equivalent of builder’s remedy litigation with no defined end. Why does the senator think this is a good idea?
Senator Lesniak has said that he wants a “smart-growth” plan for new homes in New Jersey. Yet S-1 would move development away from transit and thus encourage sprawl. Some 55 percent of municipalities in New Jersey with a train station would not have to do anything at all. The very municipalities in which our state policies focus growth would have no obligation to provide opportunities for a range ofhousing ever again. Why does the senator think this is a good idea?
S-1 would also contradict smart growth by moving development away from jobs. Approximately 63 percent of jobs in New Jersey are in municipalities that would have no further obligation under S-1. Why does the senator think this is a good idea?
S-1 would redefine homes costing $350,000 to $400,000 as “affordable,” allowing developers to get special incentives and bonuses for building such homes. Why does the senator think this is a good idea?
S-1 would exclude virtually all New Jersey families earning less than $40,000 a year from any new homes built. Why has Senator Lesniak proposed a bill that excludes many working families?
S-1 would eliminate incentives to include non-profit organizations such as Habitat for Humanity in municipal fair share plans, and instead allow for-profit developers only to take advantage of its provisions. Why does Senator Lesniak exclude non-profit organizations?
To our knowledge, Senator Lesniak has not consulted with affordable housing advocates regarding S-1. Who is advising him regarding this legislation?
Why has Senator Lesniak failed to allow the NAACP and several religious leaders, among others, to testify on this bill despite two public hearings? Why did he cancel a public hearing which would have included public testimony and discussion today in favor of a press conference?
Fair Share Housing Center, founded in 1975, is the only public interest organization devoted entirely to defending the housing rights of New Jersey’s poor through implementing the Mount Laurel doctrine.
