by Brian T. Lynch, MSW
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| Randall Hill in Mine Hill, NJ |
Mine Hill, like most New Jersey towns, has a history of planning and zoning practices that, in effect, disadvantage creation of low- cost housing for the poor. The reasons for this are many, but this is a much longer discussion. Suffice it to say, these practices violate the New Jersey State Constitution. Remedies needed to fix this problem have been forged in decades of litigation and codified in state legislation, with mixed results. The current set of laws creates a developer-friendly approach to building new, affordable low-income housing. Current law focuses on setting low-cost housing goals and limiting municipal discretion to create or impose barriers for land developers who agree to include new affordable housing units as part of their larger housing development projects. In effect, if the developer perceives that a town is placing unreasonable demands on them through zoning enforcement, they can sue the town in court. If they prevail, they are granted a “builders remedy” which allows them to bypass some restrictive local zoning enforcement measures.
From a municipal perspective, these new Fair Housing laws
creates unnecessary burdens in many urban and suburban towns that have little undeveloped
land or environmentally sensitive lands under environmental zoning restrictions
or within the Highlands protection areas. Sky-high building prices coupled with
decades of U.S. wage suppression have priced many people out of the home
ownership market. Moreover, it has created greater competition for affordable
rental stock. Building costs for new construction have grown faster than
inflation. Many low-income renters cannot afford rental rates high enough to
cover the construction costs. Coupled with this is that many municipalities
don’t want low wage families in their community, which is discriminatory. This
latter point not only suppresses the building of low-cost housing; it causes
towns to restrict homeowners from converting excess space in their older homes
to apartments for relatives in need, such as elderly parents or disabled adult
children. In high-density neighborhood
especially, it has become common for homeowners living in single-family homes to
build unauthorized, non-conforming apartments such as basement units or garage
conversions. These off the books apartment nevertheless provide a cache of affordable
housing for which towns are not receiving credit.
Research suggests this is a widespread and growing
phenomenon, particularly in high-cost areas.
Estimates in some more densely populated localities suggesting that as
many as 25% to over 50% of older housing stock may contain
unauthorized units. In specific urban neighborhoods with high demand, as
many as 75% of basements may be rented illegally. Similar less dramatic trends
are observed in older suburban, "inner-ring" neighborhoods where
homeowners convert spaces to manage high mortgages or create "missing
middle" housing, or duplexes, in areas that technically only allow
single-family detached homes. These apartments exist because they offer more
affordable housing options. These of-the-books apartments helping fill the gap
between single-family homes and large apartment buildings. They also
assist struggling homeowners to cover their mortgage payments. Because they are
unregulated, these apartments often lack proper exits, ventilation, or smoke
detection leading to higher risks for tenants during disasters such as fires or
flooding. Non-conforming apartments exist, and will continue to grow in
number but are not yet counted as a housing resource for low-income residents.
Given this research, it is possible that Mine Hill may
already have a shadow stock of low-income housing that can help us meet our
Round Four Fair Housing quota. Instead of acknowledging these non-conforming units,
we are potentially allowing dangerous conditions for the low-income families
who live in these apartments.
Planning boards, including Mine Hill’s board, are mostly meeting
State’s affordable housing quotas through new construction. This opens the town
up for pressure from developers and set affordable housing needs at odds with
the need to conserve our forest lands in the Highland Region, where 70% of New
Jersey residents get their water.
Little consideration is given to older home conversions.
Yet, the acute need for affordable housing often impacts extended families within
the community. The housing crisis is already driving homeowners to convert a
garage, attic or basement into small apartments for elderly parents, children
just starting out on their own or other friends and family. We as a community should
embracing these conversions and work with homeowners to bring existing
unregistered conversion units up to safety standards. We should ease some zoning
restriction when it is prudent to do so or issues special variances to owners
of certain “eligible” homes that can be converted to duplex housing. Grant
money should be made available for home conversion projects to help offset
costs involved.
Here is an article
that explores these concepts from 2017. It is entitled, “Learning from a
Non-Conforming Neighborhood.”
https://archive.strongtowns.org/journal/2017/6/9/learning-from-a-non-conforming-neighborhood






