New Jersey Attorney General Secures Settlement with Hoboken to Expand Access to Affordable Housing

The agreement resolves a Division on Civil Rights investigation into Hoboken’s Municipal Ordinance Amendment B-175, enacted in 2019, which granted preferential access to affordable housing units exclusively to current Hoboken residents. The ordinance replaced a broader regional preference that previously included Hudson, Bergen, Passaic, and Sussex counties.

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The investigation was initiated following a complaint filed by a Black Jersey City resident who alleged she was barred from applying for an affordable housing unit in Hoboken despite remaining on a waitlist for five years. The complaint raised concerns that the ordinance violated the New Jersey Law Against Discrimination (LAD) by disproportionately excluding applicants from surrounding, more racially diverse communities.

Under the settlement, Hoboken has agreed to amend its ordinance to eliminate the Hoboken-only residency requirement and restore a regional preference covering the four COAH Region 1 counties. This revised policy will apply to newly constructed affordable housing units developed to meet Hoboken’s 2025–2035 affordable housing obligations under New Jersey’s Mount Laurel doctrine and state housing laws.

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“Housing discrimination continues to deny too many New Jerseyans the opportunity to access safe, affordable housing,” Attorney General Platkin said. “This agreement will help ensure that affordable housing opportunities are available free from discrimination, especially in areas where rents are rising and affordable units are limited.”

Division on Civil Rights Director Yolanda N. Melville emphasized the broader impact of the settlement, stating that equitable access to housing is a cornerstone of inclusive communities and that the agreement represents a meaningful step toward eliminating discriminatory housing practices statewide.

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In addition to revising its residency policy, Hoboken has committed to providing relief to applicants previously denied or skipped on the waitlist due to the former residency preference. Eligible applicants may have their original waitlist positions reinstated and be screened for available housing opportunities.

The city will also allocate at least $30,000 toward affordability assistance and fair housing initiatives and require all staff involved in affordable housing administration to complete training on housing discrimination laws.

State officials noted that while the ordinance did not explicitly reference race, policies that are neutral on their face may still violate the LAD if they result in an unlawful disparate impact on protected groups. The investigation raised concerns that Hoboken’s former residency requirement disproportionately excluded residents from neighboring municipalities with greater racial diversity.

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The settlement ensures that affordable housing opportunities in Hoboken will now be available to a broader and more diverse pool of eligible applicants, reinforcing New Jersey’s commitment to fair housing and equal opportunity.

Editor’s Note:

Editor-in-Chief Adam Rizvi observes that access to fair and affordable housing is not only a legal obligation but a moral one. “Housing policy must reflect equity, inclusion, and dignity for all residents,” Rizvi said. “This settlement reinforces the principle that opportunity should never be limited by discrimination, direct or indirect.”

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Curated by Humra Kidwai