40:55D-66.17 Findings, declarations, definitions, relative to tiny home occupancy on vacant municipal land.

1. a. The Legislature finds and declares that:

(1) An excess of vacant properties present a persistent problem in many New Jersey municipalities;

(2) Vacant properties create opportunities for criminal activity, lower neighborhood property values and local government revenues, and generally impair the public health and welfare;

(3) In recent years, an increasing awareness has developed over the large financial and environmental cost of building and maintaining an average American home;

(4) Many young people, and people of modest means, find themselves unable to afford to purchase these homes, or even rent them, as well as pay the large associated utility bills;

(5) Increasingly, many people view residing in a tiny home as a simple and viable alternative to the traditional house, that provides the resident more affordable housing, and lowers their environmental footprint;

(6) Despite the economic and environmental advantages of tiny home construction and occupancy, many who want to build or occupy tiny homes have expressed frustration with regulatory barriers to making tiny home living a reality; and

(7) It is, therefore, in the best interest of the State and a valid public purpose to permit New Jersey municipalities to lease vacant lots for use by the owners of tiny homes and to direct the Commissioner of Community Affairs to publish enhanced regulatory guidance on the acceptable uses of tiny homes in residential construction.

b. A municipality may adopt a tiny home rental ordinance to permit the use of vacant land owned by the municipality for tiny home rental purposes. A tiny home rental ordinance shall establish:

(1) whether the vacant land may be leased to the owner of a tiny home solely for their own occupancy, or whether the lessee may sublease the vacant land; and

(2) the setback, use group, and other zoning limitations that shall apply to homes built for tiny home rental purposes.

c. As used in P.L.2019, c.490 (C.40:55D-66.17 et al.):

"Tiny home" means a dwelling that is 400 square feet or less in floor area excluding lofts.

"Tiny home rental purposes" means the rental of individual lots, or portions of individual lots, for the placement and occupancy of tiny homes.

L.2019, c.490, s.1.