Jersey City Officials Collab On New Inclusionary Zoning Ordinance

JERSEY CITY, NJ — Jersey City's Inclusionary Zoning Ordinance has been a hot topic the last year, but the council is hoping their latest rendition of the ordinance will offer a solution.

The City Council, housing department and Fair Share Housing collaborated on the ordinance. The ordinance establishes affordable housing mandates for increased access to low-income housing in Jersey City. The ordinance is scheduled to be introduced at the City Council meeting on Nov. 29th and will be on track to be codified before the end of 2021.

Under the new ordinance, developments with 15 units or more in Census tracts above 120 percent Area Median Income will require 15 percent affordability on-site. A 10 percent mandatory affordable housing set-aside will be required on-site for all development located within low- and moderate-income areas, below 120 percent AMI, as identified by the 2020 U.S. Census.

“We made a commitment during the campaign that this would be a priority for us, and we are reinforcing our words with action. This affordable housing ordinance aligns directly with our efforts to create an equitable and inclusive City, where our most vulnerable residents have the support and resources they need for enhanced quality of life,” said Mayor Steven Fulop.

The new ordinance requires developers to provide an affordable housing plan prior to building permits to ensure compliance. It will subsequently require a formal affordable housing agreement before the City can issue a certificate of occupancy.

The mandatory affordable housing units will be set aside for households with combined income brackets at 30 percent, 50 percent, and 80 percent AMI, as defined by Uniform Housing Affordability Controls.

An earlier version of an IZO required 20 percent affordable housing units but was disputed for allowing the construction of community benefits in exchange for a reduced amount of affordable units on-site. Since then, the City has worked closely with Fair Share Housing over the past several months to establish an agreed-upon IZO.

"The inclusionary zoning ordinance proposed today by Mayor Fulop and the City Council's leadership is an important and meaningful step in the right direction," said Adam Gordon, Executive Director of Fair Share Housing Center. "Once enacted and enforced, the ordinance will provide much-needed affordable homes integrated into new development for working families of all sizes and income levels in Jersey City. As rents and home prices in Jersey City and across the state reach record highs, it is critical that towns and cities enact policies to ensure that new development is inclusive and equitable so that working families are not displaced. We are committed to working with local advocates and elected officials to ensure that everyone that lives and works in Jersey City will have a safe, decent, affordable home — now and in the future."

The Inclusionary Zoning Ordinance will require residential developers with projects over 15 residential units to follow the new provisions when they request more than four additional units or an additional 5,000 square feet of residential floor area through a redevelopment plan amendment/variance.

“We’ve worked thoughtfully and swiftly with our community partners on this Inclusionary Zoning Ordinance in order to promote the establishment of appropriate population densities and concentrations that will contribute to the overall well-being of our communities,” said Annisia Cialione, Director of HEDC.

Councilman At-Large Rolando Lavarro was one of the most vocal opponents of Jersey City's original IZO. In a statement, Lavarro said he approves so far of the ordinance.

"After a quick review of the ordinance, it appears that the developer friendly buyouts, exemptions and waiver have been eliminated. That in and of itself is a marked improvement over the administration’s incredibly weak ordinance that was struck down by the courts this past summer," Lavarro said, "That being said, I want to hear from the public as I think most Jersey City working families believe we can do better than the 15% minimum set aside in the upper income downtown areas."