NJ ACR46

Proposes a constitutional amendment to Article IV, Section VI, paragraph 2 to explicitly prohibit municipalities from engaging in exclusionary zoning that prevents development of housing for low and moderate income residents

Clarifies that the prohibition on exclusionary zoning does not create an affirmative obligation for municipalities to construct or cause the construction of affordable housing units

Intended to overturn the Mount Laurel doctrine's mandate requiring actual construction of affordable housing and eliminate "builder's remedy" lawsuits that force specific housing projects

Would allow courts to address discriminatory zoning by striking down ordinances rather than mandating construction of particular developments

If approved by the Legislature, the amendment would be placed on a general election ballot for voter approval, with ballot language explaining the proposal and interpretive statement