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Appellate Division Upholds Hoboken’s Inclusionary Zoning Ordinance​


June 9th, 2022



Alex Staropoli, (914) 469-0060,



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. The full opinion can be read here. 

In the opinion, the Court declared, “it is clear that the [inclusionary zoning ordinance’s]set-aside requirement was an essential government function.” The Court continued, “the Mount Laurel doctrine establishes a floor, rather than a ceiling, for what municipalities may do to encourage the addition of affordable housing for low and moderate income individuals.” 

The Hoboken ordinance has been the subject of litigation for over a decade. In response to the opinion issued today, Fair Share Housing Center issued the following statement.

 Adam Gordon, Executive Director, Fair Share Housing Center:

“New Jersey is facing an affordability crisis. Safeguarding affordable housing is more important than ever, and the Appellate Division’s decision today sends a clear message to developers and municipalities that affordable housing obligations must be complied with. Inclusionary zoning ordinances, like the one in Hoboken, play an important role in preventing displacement in gentrifying areas. 

With rapid population growth in North Jersey, rising rents and increased costs of living have disproportionately impacted communities of color. All New Jerseyans deserve a place to call home, and Hoboken’s ordinance protects access to housing for residents whose families have called Hoboken home for generations. Fair Share Housing Center is committed to ensuring access to safe, healthy, and affordable housing for all New Jerseyans, especially communities of color, and today’s decision is one more step in the right direction.”


Fair Share Housing Center is a nonprofit advocacy organization that uses litigation and policy strategies to dismantle decades of racial and economic discrimination in New Jersey and nationally that excludes people from the opportunity to live in safe, healthy, and affordable housing.