N.J. Superior Court Judge to Rule on Affordable Housing Ordinance

A decision on the fate of an affordable housing ordinance in Hoboken, N.J., will be issued on April 27. That’s what a Superior Court judge in Jersey City decided recently after hearing nearly three hours of oral arguments over a Hoboken ordinance requiring developers to set aside a percentage of units in their new buildings for low-income residents.

Judge Martha T. Royster said she wants to review all information presented by each party before making a decision later this month. The ordinance, which has existed since the late 1980s, stipulates that 10 percent of units in new buildings that contain more than 10 units be reserved for low- and moderate-income families.

Attorneys representing the developers raised concerns over a portion of the ordinance that gives priority to Hoboken residents, the option to include the affordable housing in another location, and a provision that allows developers to pay a monetary equivalent of their obligation into a city account that was never set up.

One of the main points of contention between the lawyers was the question of whether or not the ordinance had been updated in regards to standards set by the Coalition for Affordable Housing, formed after the city ordinance was adopted. The judge could decide that only a few or all parts of the ordinance are invalid when the ruling is made on April 27.