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Planner: ADU bill would broadly allow accessory units in single‑family areas; clarity on affordability still unclear

Borough of Old Tappan Mayor & Council Sine Die Meetings · July 15, 2026
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Summary

Planning consultant Ed told the borough the proposed accessory dwelling unit (ADU) bill would permit ADUs in single‑family and two‑family zones but does not clearly mandate that those units be income‑restricted; the board asked whether municipalities would retain control over rent and occupancy rules.

At the meeting the board heard a second state proposal that would expand accessory dwelling units into any single‑family or two‑family zone, permitting ADUs either in detached accessory structures or within principal structures.

"It must be occupied by the owner," Ed said while discussing language in the draft, and later clarified, "Oh, you could rent it," reflecting uncertainty in the draft about owner‑occupancy and rent rules. He added the bill references municipal housing elements and suggests promoting ADUs offered at affordable rents, but he said the text seen so far did not include a mandatory income‑restriction requirement.

Why it matters: expanding ADU rights could increase housing supply but may also raise questions about enforcement and local control over occupancy and affordability. Board members asked staff to watch changes as the bill moves through the legislature and to consider whether master plan language should be adjusted to reflect any final bill language.