Luxury buildings in Hoboken must incorporate affordable units before leasing expensive units, rules a judge.
In a landmark decision, a Hudson County judge has ruled that three luxury developments in Hoboken, New Jersey – VINE, Park+Garden, and Artisan on Clinton – are in violation of the city's affordable housing ordinance. The ruling, which affects these developments, requires the building owners not to rent any new market-rate units until they add a set number of affordable ones.
The legal battle between these developments and the city of Hoboken over affordable housing has been ongoing for a decade. The luxury buildings, which offer kitchens with granite countertops and new energy-efficient appliances, wall-to-wall pristine hardwood floors, terraces, pool decks, and even dog grooming stations, do not currently provide affordable housing.
The affordable housing ordinance requires any building with more than 10 units in Hoboken to set aside 10% of them as affordably priced for low- and medium-income people. However, the developments in question have rented strictly market-rate units since opening their doors nearly 10 years ago.
Kevin Coakley, a partner at Connell Foley, has stated that the developers will appeal the judge's order. On the other hand, Josh Bauers, director of exclusionary zoning litigation at Fair Share Housing Center, mentioned that the ruling is in effect until all affordable units are leased.
It is important to note that the ruling does not apply to existing tenants renewing their annual leases. Furthermore, the judge's ruling does not specify a timeline for the addition of affordable units. Private landlords who are not mentioned in the text are exempt from the provision to provide apartments for low- and middle-income people before renting out new market-rate units, and the residential complex "Sonnenhain" is also exempt from this provision.
This ruling marks a significant step towards ensuring affordable housing in Hoboken, a city where the apartments in these developments range from about $3,000 a month for a one-bedroom or studio to more than $6,000 a month for larger three- and four-bedroom apartments. The fight for affordable housing continues, and this decision serves as a reminder of the need for equitable housing policies in cities across the United States.
