Court Says More Affordable Housing Must Be Included In Hoboken Developments

HOBOKEN, NJ — As rents continue to rise nationwide, especially in the Hoboken/Jersey City area, a court rendered a decision Thursday in a long-fought battle over whether Hoboken developers have to set aside 10 percent of their units as affordable housing.

"Earlier today, the Appellate Division of the Superior Court of New Jersey upheld Hoboken’s inclusionary zoning ordinance that requires a 10 percent affordable housing set-aside in new residential developments," said the non-profit Fair Share Housing Center — a group that fights for affordable housing around the state — Thursday.

The Hoboken ordinance has been the subject of litigation for over a decade.

Cheryl Fallick, a local advocate for fair rents, explained in a social media post that four private developers had been fighting to avoid including 56 affordable units.

"This decision surrounds the 56 required affordable units in four uptown developments," Fallick wrote. "The developers have been fighting inclusion of those units for over a decade now ...We don't know yet if the developers will try to take this one to the Supreme Court (and further delay the inclusion of this housing.)"

Adam Gordon, the executive director of the Fair Share Housing Center, said Thursday, "Inclusionary zoning ordinances, like the one in Hoboken, play an important role in preventing displacement in gentrifying areas."

In Hoboken, the city recently helped kick off art exhibits in windows around town, but the average rent — more than $3,500 a month, according to Rentcafe — is likely out of reach for most artists.

A study released last month found that there aren't enough affordable units for almost 70 percent of low-income New Jersey renters.

New Jersey's mandates for affordable housing go back to a series of court decisions starting in the 1970s, after residents of the South Jersey town of Mount Laurel sued the township for resisting attempts to build lower-income apartments. The state Supreme Court ruled that municipalities must satisfy regional affordable housing needs.

In some towns, developers have met affordable housing requirements by donating to an affordable housing trust fund, or making the case that affordable housing in other parts of a town satisfies the town's requirement — but apparently, that doesn't apply in this case.

'Impacted Communities Of Color'

Gordon noted that "rising rents and increased costs of living have disproportionately impacted communities of color."

The Hoboken City Council recently considered an ordinance to limit rent increases for rent-controlled apartments in town. But the measure only applies to units built before 1992. Tenants of newer units have complained of increases as high as 25 percent.

"Hoboken’s ordinance protects access to housing for residents whose families have called Hoboken home for generations," Gordon said. "Fair Share Housing Center is committed to ensuring access to safe, healthy, and affordable housing for all New Jerseyans, especially communities of color."

Fallick noted that the city had opposed the developers in this case as well.

"Fair Share Housing initiated the case years ago, with Hoboken later joining them," she said on Thursday. "Recently, rental prices have skyrocketed in Hoboken ... Hoboken residents and people of lesser means have been waiting over a decade for these 56 affordable units to be available."

Read the decision here: https://www.njcourts.gov/attor...

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