[HISTORY: Adopted by the City Council of the City of Hoboken 10-17-2012 by Ord. No. Z-208. Amendments noted where applicable.]
GENERAL REFERENCES
Council on Affordable Housing — See Ch. 7.
Housing Authority — See Ch. 38.
Land use procedures — See Ch. 44.
Minimum standards for dwellings — See Ch. 95.
Maintenance of hotels and multiple dwellings — See Ch. 120.
Rental housing — See Ch. 154.
Rent control — See Ch. 155.
Rooming houses — See Ch. 158.
Zoning — See Ch. 196.
[Amended 5-3-2023 by Ord. No. B-558; 4-22-2026 by Ord. No. J-25]
The following terms, when used in this chapter, shall have the meanings given in this section:
ACT
The Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
ADAPTABLE
Constructed in compliance with the technical design standards of the Barrier Free Subcode adopted by the Commissioner of Community Affairs pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and in accordance with the provisions of Section 5 of P.L. 2005, c. 350 (N.J.S.A. 52:27D-123.15).
ADMINISTRATIVE AGENT
The entity approved by the Division responsible for the administration of affordable units in accordance with this chapter, as defined and with the responsibilities specified at N.J.A.C. 5:99-7 and N.J.A.C. 5:80-26.1 et seq., as may be amended and supplemented.
AFFIRMATIVE MARKETING
A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.16.
AFFIRMATIVE MARKETING PLAN
A municipally adopted plan of strategies from which the Administrative Agent will choose to implement as part of the Affirmative Marketing requirement.
AFFIRMATIVE MARKETING PROCESS OR PROGRAM
The actual undertaking of Affirmative Marketing activities in furtherance of each project with very-low-, low- and moderate-income units.
AFFORDABILITY ASSISTANCE
The use of funds to render housing units more affordable to low- and moderate-income households and includes, but is not limited to, down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments, common maintenance expenses, and assistance with emergency repairs and rehabilitation to bring deed-restricted units up to code, pursuant to N.J.A.C. 5:99-2.5.
AFFORDABILITY AVERAGE
The average percentage of regional median income at which restricted units in an affordable housing are affordable to low- and moderate-income households.
AFFORDABLE
A sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:80-1.1 et seq.; in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.7, as may be amended and supplemented, and in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.13, as may be amended and supplemented.
AFFORDABLE DEVELOPMENT
A housing development, all or a portion of which consists of restricted units.
AFFORDABLE HOUSING
Housing restricted to income-eligible very-low-, low- and moderate-income households.
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development. This includes developments with affordable units on-site, off-site, or provided as a payment in-lieu of construction only if such a payment-in-lieu option has been previously approved by the Program or Superior Court as part of the HEFSP. Payments in lieu of construction were invalidated per P.L. 2024, c. 2.
AFFORDABLE HOUSING DISPUTE RESOLUTION PROGRAM or THE PROGRAM
The dispute resolution program established pursuant to N.J.S.A. 52:27D-313.2.
AFFORDABLE HOUSING MONITORING SYSTEM or AHMS
The Department's cloud-based software application, which shall be the central repository for municipalities to use for reporting detailed information regarding affordable housing developments, affordable housing unit completions, and the collection and expenditures of funds deposited into the municipal affordable housing trust fund.
AFFORDABLE HOUSING PROGRAM(S)
Any mechanism in a municipal fair share plan prepared or implemented to address a municipality's fair share housing obligation.
AFFORDABLE HOUSING TRUST FUND or "AHTF"
The non-lapsing, revolving trust fund established in DCA pursuant to N.J.S.A. 52:27D-320 and N.J.A.C. 5:43 to be the repository of all state funds appropriated for affordable housing purposes. All references to the "Neighborhood Preservation Nonlapsing Revolving Fund" and "Balanced Housing" mean the AHTF.
AFFORDABLE UNIT
A housing unit proposed or created pursuant to the Act, including units created with municipal affordable housing trust funds.
AGENCY or HMFA
The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
AGE-RESTRICTED UNIT
A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that:
A. 
All the residents of the development where the unit is situated are 62 years or older; or
B. 
At least 80% of the units are occupied by one person that is 55 years or older; or
C. 
The development has been designated by the Secretary of the United States Department of Housing and Urban Development as "housing for older persons," as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
ASSISTED LIVING RESIDENCE
A facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
BARRIER-FREE ESCROW
The holding of funds collected to adapt affordable unit entrances to be accessible in accordance with N.J.S.A. 52:27D-311a et seq. Such funds shall be held in a municipal affordable housing trust fund pursuant to N.J.A.C. 5:99-2.6.
BOARD OF JURISDICTION
The Planning Board of the City of Hoboken, the Board of Adjustment of the City of Hoboken, or the City Council of the City of Hoboken, as applicable.
CERTIFIED HOUSEHOLD
A household that has been certified by an Administrative Agent as a very-low-income household, low-income household or moderate-income household.
COAH
The Council on Affordable Housing, which is in, but not of, the Department of Community Affairs of the State of New Jersey, that was abolished effective March 20, 2024, pursuant to Section 3 at P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1).
COMMISSIONER
The Commissioner of the Department of Community Affairs.
COMPLIANCE CERTIFICATION
The certification obtained by a municipality pursuant to Section 3 of P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1), that protects the municipality from exclusionary zoning litigation during the current round of present and prospective need and through July 1 of the year the next round begins, which is also known as a "judgment of compliance" or "judgment of repose." The term "compliance certification" shall include a judgment of repose granted in an action filed pursuant to Section 13 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-313).
CONSTRUCTION
New construction and additions, not including alterations, reconstruction, renovations, conversion, relocation, or repairs, as those terms are defined in the State Uniform Construction Code promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
COUNTY-LEVEL HOUSING JUDGE
The judge appointed pursuant to Section 5 at P.L. 2024, c. 2, to resolve disputes over the compliance of municipal fair share affordable housing obligations and municipal Fair Share plans and housing elements with the Act.
DCA and DEPARTMENT
The State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT
A housing unit with health and safety code violations that require the repair or replacement of a major system. A "major system" includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load-bearing structural systems.
DEVELOPER
Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development, including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.
DISPUTE RESOLUTION PROGRAM
The Affordable Housing Dispute Resolution Program, established pursuant to Section 5 at P.L. 2024, c. 2 (N.J.S.A. 52:27D-313.2).
DIVISION
The Division of Local Planning Services within the Department of Community Affairs.
EMERGENT OPPORTUNITY
A circumstance that has arisen whereby affordable housing will be able to be produced through a delivery mechanism not originally contemplated by or included in a fair share plan that has been the subject of a compliance certification.
EQUITY SHARE AMOUNT
The product of the price differential and the equity share, with the equity share being the whole number of years that have elapsed since the last non-exempt sale of a restricted ownership unit, divided by 100, except that the equity share may not be less than 5% and may not exceed 30%.
EXCLUSIONARY ZONING LITIGATION
Litigation challenging the fair share plan, housing element, ordinances, or resolutions that implement the fair share plan or housing element of a municipality based on alleged noncompliance with the Act or the Mount Laurel doctrine, which litigation shall include, but shall not be limited to, litigation seeking a builder's remedy.
EXIT SALE
The first authorized non-exempt sale of a restricted unit following the end of the control period, which sale terminates the affordability controls on the unit.
EXTENSION OF EXPIRING CONTROLS
The extending the deed restriction period on units where the controls will expire in the current round of a housing obligation, so that the total years of a deed restriction is at least 60 years.
FHA
The New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
HOUSEHOLD INCOME
A household's gross annual income calculated in a manner consistent with the determination of annual income pursuant to Section 8 of the United States Housing Act of 1937 (Section 8), not in accordance with the determination of gross income for federal income tax liability.
HOUSING REGION
A geographic area established pursuant to N.J.S.A. 52:27D-304.2b.
INCLUSIONARY DEVELOPMENT
A development containing both affordable units and market-rate units. This term includes, but is not necessarily limited to: new construction, the conversion of a nonresidential structure to residential, and the creation of new affordable units through the reconstruction of a vacant residential structure.
INFILL
Development on vacant or underutilized property between existing buildings.
LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal to 50% or less of the median household income for the housing region.
LOW-INCOME UNIT
A restricted unit that is affordable to a low-income household.
MAJOR SYSTEM
The primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building, which include, but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load-bearing structural systems.
MARKET-RATE UNITS
Housing not restricted to low- and moderate-income households that may sell or rent at any price.
MEDIAN INCOME
The median income by household size for the applicable housing region, as calculated annually in accordance with N.J.A.C. 5:80-26.3.
MIXED USE DEVELOPMENT
Any development that includes both a non-residential development component and a residential development component, and shall include developments for which: (1) there is a common developer for both the residential development component and the non-residential development component, provided that for purposes of this definition, multiple persons and entities maybe considered a common developer if there is a contractual relationship among them obligating each entity to develop at least a portion of the residential or non-residential development, or both, or otherwise to contribute resources to the development; and (2) the residential and non-residential developments are located on the same lot or adjoining lots, including, but not limited to, lots separated by a street, a river, or another geographical feature.
MODERATE-INCOME HOUSEHOLD
A household with a total gross annual household income in excess of 50% but less than 80% of the median household income for the housing region.
MODERATE-INCOME UNIT
A restricted unit that is affordable to a moderate-income household.
NEW JERSEY HOUSING RESOURCE CENTER or HOUSING RESOURCE CENTER
The online affordable housing listing portal, or its successor, overseen by the Agency pursuant to N.J.S.A. 52:27D-321.3 et seq.
NONEXEMPT SALE
Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a Class A beneficiary; and the transfer of ownership by court order.
PERSON WITH A DISABILITY
A person with a physical disability, infirmity, malformation, or disfigurement which is caused by bodily injury, birth defect, aging, or illness, including epilepsy and other seizure disorders, and which shall include, but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, the inability to speak or a speech impairment, or physical reliance on a service animal, wheelchair, or other remedial appliance or device.
PRICE DIFFERENTIAL
The difference between the controlled sale price of a restricted unit and the contract price at the exit sale of the unit, determined as of the date of a proposed contract of sale for the unit. If there is no proposed contract of sale, the price differential is the difference between the controlled sale price of a restricted unit and the appraised value of the unit as if it were not subject to UHAC, determined as of the date of the appraisal. If the controlled sale price exceeds the contract price or, in the absence of a contract price, the appraised value, the price differential is zero dollars.
PROGRAM
The Affordable Housing Dispute Resolution Program, established pursuant to Section 5 of P.L. 2024, c. 2 (N.J.S.A. 52:27D-313.2).
QUALIFIED URBAN AID MUNICIPALITY
A municipality that meets the criteria established pursuant to N.J.S.A. 52:27D-304.3c(1).
RANDOM SELECTION PROCESS
A lottery process by which currently income-eligible households are selected, at random, for placement in affordable housing units such that no preference is given to one applicant over another except in the case of a veterans' preference where such an agreement exists; for purposes of matching household income and size with an appropriately priced and sized affordable unit; or another purpose allowed pursuant to N.J.A.C. 5:80-26.7(k)3. This definition excludes any practices that would allow affordable housing units to be leased or sold on a first-come, first-served basis.
REDEVELOPMENT PLAN
A plan adopted by the City Council of the City of Hoboken for the redevelopment or rehabilitation of all or any part of a redevelopment area, or area in need of rehabilitation, pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq.
REGIONAL ASSET LIMIT
The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as calculated annually in accordance with N.J.A.C. 5:80-26.3.
REHABILITATION
The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
RENT
The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities, computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.
RESTRICTED UNIT
A dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of this chapter but does not include a market-rate unit that was financed pursuant to UHORP, MONI, or CHOICE.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN or STATE PLAN
The plan prepared pursuant to Sections 1 through 12 of the State Planning Act, P.L. 1985, c. 398 (N.J.S.A. 52:18A-196 et seq.), designed to represent a balance of development and conservation objectives best suited to meet the needs of the state, and for the purpose of coordinating planning activities and establishing statewide planning objectives in the areas of land use, housing, economic development, transportation, natural resource conservation, agriculture and farmland retention, recreation, urban and suburban redevelopment, historic preservation, public facilities and services, and intergovernmental coordination pursuant to Subsection f of Section 5 of P.L. 1985, c. 398 (N.J.S.A. 52:18A-200).
SUBSTANTIAL REHABILITATION
Any rehabilitation of a vacant structure or any rehabilitation that involves the replacement of two or more major systems.
SUPPORTIVE HOUSING HOUSEHOLD
A very-low-, low- or moderate-income household certified as income eligible by an Administrative Agent in accordance with N.J.A.C. 5:80-26.14, in which at least one member is an individual who requires supportive services to maintain housing stability and independent living and who is part of a population identified by federal or state statute, regulation, or program guidance as eligible for supportive or special needs housing. Such populations include, but are not limited to: persons with intellectual or developmental disabilities, persons with serious mental illness, persons with head injuries (as defined in Section 2 of P.L. 1977), persons with physical disabilities or chronic health conditions, persons who are homeless as defined by the U.S. Department of Housing and Urban Development at 24 CFR Part 578, survivors of domestic violence, youth aging out of foster care, and other special needs populations recognized under programs administered by the U.S. Department of Housing and Urban Development, the Low-Income Housing Tax Credit Program, the McKinney-Vento Act, or the New Jersey Department of Human Services. A supportive housing household may include family members, unrelated individuals, or live-in aides, provided that the household meets the income eligibility requirements of this chapter, except that in the case of unrelated individuals not operating as a family unit, income eligibility shall be tested on an individual basis rather than in the aggregate; the unit is leased or sold subject to the affordability controls established herein; and the supportive services available to the household are designed to promote housing stability, independent living, and community integration. The determination of whether unrelated individuals are operating as a family unit shall be made based on the applicant's self-identification of household members on the affordable housing application.
SUPPORTIVE HOUSING SPONSORING PROGRAM
The grant or loan program which provided financial assistance to the development of the unit.
SUPPORTIVE HOUSING UNIT
A restricted rental unit, as defined by N.J.S.A. 34:1B-21.24, that is affordable to very-low-, low- or moderate-income households and is reserved for occupancy by a supportive housing household. Supportive housing units are also referred to as permanent supportive housing units.
TOTAL DEVELOPMENT COST
The expenses that a developer can reasonably expect to incur in order to develop an affordable housing development, which include "hard costs" such as land acquisition, site improvements, and new construction or rehabilitation, and "soft costs" consisting of all other costs and fees, such as professional services and financing fees.
TRANSITIONAL HOUSING
Temporary housing that: (1) includes, but is not limited to, single-room occupancy housing or shared living and supportive living arrangements; (2) provides access to on-site or off-site supportive services for very-low-income households who have recently been homeless or lack stable housing; (3) is licensed by the Department; and (4) allows households to remain for a minimum of six months.
TREASURER
The Treasurer of the State of New Jersey.
UHAC
The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.
VERY-LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal to 30% or less of the median household income.
VERY-LOW-INCOME HOUSING
Housing affordable according to the Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to 30% or less of the median gross household income for households of the same size within the housing region in which the housing is located.
VERY-LOW-INCOME UNIT
A restricted unit that is affordable to a very-low-income household.
VETERANS' PREFERENCE
The agreement between a municipality and a developer or residential development owner that allows for low- to moderate-income veterans to be given preference for up to 50% of rental units in relevant projects, as provided for at N.J.S.A. 52:27D-311j.
WATERFRONT DISTRICT
Any district or subdistrict so designated by the Zoning Ordinance of the City of Hoboken.[1]
WEATHERIZATION
Building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for rehabilitation.
[1]
Editor's Note: See Ch. 196, Zoning.
[Amended 5-7-2025 by Ord. No. B-753; 4-22-2026 by Ord. No. J-25]
A. 
Applicability; types of development: all development of property in the City of Hoboken subject to approval by either the Planning Board or Zoning Board of Adjustment for site plan or conditional use approval for residential development subject to the exemptions listed below in Subsection B (The City recognizes that many applicants elect to bifurcate applications before the Zoning Board of Adjustment and first seek only variance relief and return at a later date for site plan approval. Precise residential unit counts are not necessarily known until a site plan application is filed. It is therefore necessary to apply this chapter to site plan approvals, subject to the exclusions in Subsection B.); for variance relief pursuant to any section of N.J.S.A. 40:55D-70d involving an increase in residential density; or for an approval in conjunction with a redevelopment plan adopted pursuant to the Local Redevelopment and Housing Law that includes residential uses. All such development shall include housing affordable to low- and moderate-income individuals and families in accordance with the standards of this chapter, with the exception of the exemptions enumerated in Subsection B.
B. 
The following shall be exempt from the provisions of this chapter:
(1) 
The first 10 units of substantial rehabilitation projects where variance relief pursuant to N.J.S.A. 40:55D-70d is required.
(2) 
Applications exclusively for development of 10 residential units or fewer, whether before the Planning Board or Zoning Board of Adjustment.
(3) 
Any project which is to be undertaken by a nonprofit corporation for the purpose of developing, through new construction or substantial rehabilitation, residential property in which all of the units in the project are for low- and/or moderate-income families, but only upon application to and a written finding by the Board that the project is providing an affordable housing benefit in the spirit of and comparable to the benefit provided through this chapter. Such development would be 100% affordable and not an inclusionary development, therefore not necessitating a set-aside.
(4) 
Development under an adopted redevelopment plan in effect as of the effective date of this chapter, unless amended subsequently to increase the density or floor area ratio.
(5) 
Any application before the Planning Board for a permitted use. This subsection does not serve as a blanket exemption for any site plan. Site plan applications submitted in conjunction with an application for a permitted use before the Planning Board shall be exempt. Applications for site plan approval submitted in conjunction with either a variance or bifurcated variance application pursuant to N.J.S.A. 40:55D-70d, which either increase permitted residential density or permit residential development where none is permitted, are not subject to this exemption. Applications submitted pursuant to a redevelopment plan which include a residential component which requires a site plan approval and are not subject to the exemption listed in Subsection B(3) above shall not qualify for an exemption.
C. 
Each development subject to this chapter shall contain the following percentage of units to be provided for affordable housing:
(1) 
Ten percent where all affordable units provided pursuant to this chapter are located on site, whether rental, "for sale," fee simple, condominium or cooperative.
(2) 
One off-site unit must be provided in lieu of each on-site unit required by Subsection C(1) hereof where some or all affordable units provided pursuant to this chapter are located off site as permitted by this chapter, with the exception of development located in the Waterfront District. One and five-tenths off-site units must be provided in lieu of each on-site unit required by Subsection C(1) hereof for development in the Waterfront District.
(3) 
In all calculations of a developer's affordable housing set-aside responsibility under this chapter, any unit reserved for the superintendent of the residential development shall not be credited towards satisfaction of the affordable housing obligation.
(4) 
Rounding. When any calculation of the percentage of affordable units required to be provided results in a fractional unit of 1/2 or more, the fraction shall be rounded up to the next whole unit. When a calculation results in a faction of less than 1/2, the fraction shall be rounded down to the previous whole unit.
(5) 
Any residential or mixed-use development receiving Urban Transit Hub Tax Credit financing pursuant to N.J.S.A. 34:1B-207 et seq. shall set side 20% of the total units in the development as affordable units.
D. 
Plan of Compliance, Preliminary and Final. Each development subject to this chapter shall prepare, submit and have approved a Preliminary Plan of Compliance and a Final Plan of Compliance, as described herein.
(1) 
Preliminary Plan of Compliance. At the time of submission of any development application to the Hoboken Planning Board or Zoning Board of Adjustment, each development subject to this chapter shall prepare and submit to the Board of jurisdiction, with a copy to the Director of Community Development and the City's Administrative Agent, a Preliminary Plan of Compliance consistent with the terms and conditions herein, which plan shall include:
(a) 
A description of the development, which may be given by reference to other documents submitted to the Board.
(b) 
A statement of the number of proposed residential units in the development and the required number of affordable housing units.
(c) 
A table in a format similar to Table 1, specifying the number of very-low-income, low-income and moderate-income units, and the number of efficiency, one-bedroom, two-bedroom, and three-bedroom (or larger) units to be provided in each category.
Table 1
Affordable Units by Income and Bedroom Distribution
Very Low
Low
Moderate
Total
Studio
1-Bedroom
2-Bedroom
3-Bedroom
Total
%
%
%
%
%
(d) 
A table in a format similar to Table 2 for rental units or Table 3 for restricted ownership units, as applicable, setting forth the anticipated rental or purchase prices of the affordable housing units to be provided, by income and bedroom category.
Table 2
Rental Prices of Affordable Units by Income and Bedroom Distribution
Number of Units
Unit Type
Percentage of Median Income
Gross Rent (all utilities included)
Final Rent:
Net Rents
(minus utilities not included)
Total monthly rents
(using net)
Studio
Very Low
30.00%
$
$
$
Low
49.00%
$
$
$
Moderate
60.00%
$
$
$
1-Bedroom
Very Low
30.00%
$
$
$
Low
49.00%
$
$
$
Moderate
60.00%
$
$
$
2-Bedroom
Very Low
30.00%
$
$
$
Low
49.00%
$
$
$
Moderate
60.00%
$
$
$
3-Bedroom
Very Low
30.00%
$
$
$
Low
49.00%
$
$
$
Moderate
60.00%
$
$
$
Total:
Table 3
Purchase Prices of Affordable Units by Income and Bedroom Distribution
Number of Units
Income
Percentage of Median
Sale Price
Sale Revenue by Type
1-Bedroom
Low
50.00%
$
$
Moderate
70.00%
$
$
2-Bedroom
Low
50%
$
$
Moderate
70%
$
$
3-Bedroom
Low
50.00%
$
$
Moderate
70.00%
$
$
Total:
 
HOA fee:
$
Mortgage Rate:
%
(e) 
A sworn affidavit by the developer that the project is not part of any larger development and has not been artificially subdivided, separated or developed apart from that larger development through the manipulation of the design or implementation schedule in order to evade the provisions of this chapter.
(2) 
Board Approval. No application for any site plan, subdivision or bifurcated use variance approval shall be granted until and unless the Preliminary Plan of Compliance has been approved by the Board of jurisdiction, having first been reviewed and approved by the Director of the Department of Community Development, who shall have conferred with the City's Administrative Agent, if feasible; and further, that any resolution of approval shall include a condition of approval that requires the submission of a Final Plan of Compliance, and the Board's approval of same, as described in § 65A-2D(3) below.
It is the intent of this chapter to prevent evasion of its requirements by the artificial subdivision, separation, construction or rehabilitation of a project into smaller developments through the manipulation of the design or implementation schedule. The Board, therefore, shall review each project to determine whether the project has been artificially subdivided, separated, constructed or rehabilitated through the manipulation of the design or implementation schedule in order to evade the provisions of this chapter. If the Board so finds, it shall disapprove the plan.
(3) 
Final Plan of Compliance. Prior to the submission of an application for any certificate of occupancy, temporary or permanent, for any development subject to this chapter, the applicant must first submit a Final Plan of Compliance to the Board of jurisdiction with copy to the Director of the Department of Community Development, who shall confer with the Administrative Agent, if feasible. The Final Plan of Compliance, which must be approved in writing by the Director of Community Development prior to the issuance of any certificate of occupancy, shall include:
(a) 
Final versions of Table 1 and Table 2 (for rental units) or Table 3 (for purchase units), updated with the final established rental prices or purchase prices.
(b) 
A listing of all affordable housing units, identifying their respective apartment or condominium unit number, bedroom type, income category, and final rent or purchase price.
(c) 
A copy of the recorded deed restriction(s) as per §§ 65A-6 and 65A-10.
(d) 
Proof of contract with the City's Administrative Agent or other qualified administrative agent for the administration of affordable housing units within the subject development. If contracting with an outside administrative agent, the contract should include coordination and any reasonable reporting to the City's Administrative Agent.
(4) 
Construction Approval. No certificate of occupancy, whether temporary or final, shall be issued by the Construction Code Official unless the Final Plan of Compliance has been approved in writing by the Board Planner of the Board of jurisdiction, having been first reviewed and approved by the Director of the Department of Community Development as described above.
[Added 4-22-2026 by Ord. No. J-25[1]]
A. 
Pursuant to amended UHAC regulations at N.J.A.C. 5:80-26.1 et seq. and, in addition, pursuant to P.L. 2024, c. 2 and specifically to the amended FHA at N.J.S.A. 52:27D-311.m. "All parties shall be entitled to rely upon regulations on municipal credits, adjustments, and compliance mechanisms adopted by the Council on Affordable Housing unless those regulations are contradicted by statute, including but not limited to P.L. 2024, c. 2, or binding court decisions." The following are many of the main provisions of the COAH regulations at either N.J.A.C. 5:93 or 5:97 that have been upheld by the NJ Supreme Court. Municipalities should consult the cited full COAH regulations when preparing the HEFSP for required documentation, etc. Additional compliance details may also be included in the specific municipal program manual.
B. 
Rehabilitation programs (per N.J.A.C. 5:93-5.2 with updated provisions herein per N.J.A.C. 5:97-6.2 related to credit towards a municipal present need obligation). (Rehabilitation programs only apply to municipalities with rehabilitation obligation and are using a rehabilitation program(s) to satisfy the obligation.)
(1) 
The rehabilitation program shall be designed to renovate deficient housing units occupied or intended to be occupied by very-low-, low- and moderate-income households such that, after rehabilitation, these units will comply with the New Jersey State Housing Code pursuant to N.J.A.C. 5:28-1.1 et seq. or the Rehabilitation Subcode, N.J.A.C. 5:23-6, to the extent applicable.
(2) 
Both ownership and rental units shall be eligible for rehabilitation funds.
(3) 
All rehabilitated units shall remain affordable to very-low-, low- and moderate-income households for a period of 10 years (the control period). For owner-occupied units, the control period shall be enforced with a mortgage and note, and for renter-occupied units, the control period will be enforced with a deed restriction.
(4) 
The municipality shall dedicate a minimum average hard cost of $10,000 for each unit to be rehabilitated through this program and in addition shall dedicate associated rehabilitation program soft costs such as case management, inspection fees and work write-ups.
(5) 
The municipality shall designate, subject to the approval of the Department, one or more Administrative Agents to administer the rehabilitation program in accordance with P.L. 2024, c. 2. The Administrative Agent(s) shall provide rehabilitation manuals for ownership and rental rehabilitation programs. Manuals shall be adopted by resolution of the governing body. Both rehabilitation manuals shall be available for public inspection in the Office of the Municipal Clerk and on the municipal affordable housing web page.
(6) 
Households determined to be very-low-, low-, or moderate-income may participate in a rehabilitation program. Rehabilitated units shall be exempt from the very-low-income requirements, low/mod split, and bedroom distribution requirements of UHAC, but shall be administered in accordance with the following:
(a) 
If a unit is vacant at the time of rehabilitation, or if a rehabilitated unit becomes vacant and is re-rented before the expiration of the affordability controls, the deed restriction shall require that the unit be rented to a low- or moderate-income household at an affordable rent.
(b) 
If a rental unit is occupied by a tenant at the time rehabilitation is completed, the rent charged after rehabilitation shall not exceed the lesser of the tenant's current rent or the maximum rent permitted under UHAC.
(c) 
Rents in rehabilitated units may increase annually based on the standards in UHAC.
(d) 
At the time of application, applicant households and/or tenant households shall be subject to income eligibility determinations in accordance with UHAC.
C. 
Assisted living residence (per N.J.A.C. 5:97-6.11).
(1) 
An assisted living residence is a facility licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining and to assure that assisted living services are available. All or a designated number of apartments in the facility shall be restricted to low- and moderate-income households.
(2) 
The unit of credit shall be the apartment. However, a two-bedroom apartment shall be eligible for two units of credit if it is restricted to two unrelated individuals.
(3) 
A recipient of a Medicaid waiver shall automatically qualify as a low- or moderate-income household.
(4) 
Assisted living units are considered age-restricted housing in an HEFSP and shall be included with the maximum number of units that may be age-restricted.
(5) 
Low- and moderate-income residents cannot be charged any upfront fees.
(6) 
The units shall comply with UHAC with the following exceptions:
(a) 
Affirmative marketing (N.J.A.C. 5:80-26.16), provided that the units are restricted to recipients of Medicaid waivers:
(b) 
The deed restriction may be on the facility, rather than individual apartments or rooms;
(c) 
Low/moderate income split and affordability average (N.J.A.C. 5:80-26.4); only if all of the affordable units are affordable to households at a maximum of 60% of median income; and
(7) 
Tenant income eligibility (N.J.A.C. 5:80-26.14); up to 80% of an applicant's gross income may be used for rent, food and services based on occupancy type, and the affordable unit must receive the same basic services as required by the Agency's underwriting guidelines and financing policies. The cost of non-housing-related services shall not exceed one and two-thirds times the rent established for each unit.
D. 
Supportive housing and group homes (per N.J.A.C. 5:97-6.10).
(1) 
The following provisions shall apply to group homes, residential health care facilities, and supportive shared living housing:
(a) 
Units are subject to Affirmative Marketing requirements, household certification, and administrative agent oversight; and may, with the approval of the Municipal Housing Liaison and the Administrative Agent, be leased either by the bedroom or to a single household in the case of multi-bedroom configurations, provided such arrangement is consistent with the Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968).[2]
[2]
Editor's Note: See 42 U.S.C. § 3601 et seq.
(b) 
Units may, with the approval of the Administrative Agent, be subject to a master lease by an approved supportive housing operator, provided that all subleases are to be certified supportive housing households and remain fully subject to the affordability controls of this chapter. Rents for supportive housing units shall not exceed the rent standards established and published by the New Jersey Department of Human Services.
(c) 
The unit of credit shall be the bedroom. However, the unit of credit shall be the unit if occupied by a single person or household.
(d) 
Housing that is age-restricted shall be included with the maximum number of units that may be age-restricted pursuant to the Act.
(e) 
Occupancy shall not be restricted to youth under 18 years of age.
(f) 
In affordable developments with 20 or more restricted units that are supportive housing, two-bedroom units must compose at least 5% of those restricted units.
(g) 
The bedrooms and/or units shall comply with UHAC with the following exceptions:
[1] 
Affirmative marketing; however, group homes, residential health care facilities, permanent supportive housing, and supportive shared living housing shall be affirmatively marketed to broadest possible population of qualified individuals with special needs in accordance with a plan approved by the sponsoring program;
[2] 
Affordability average and bedroom distribution (N.J.A.C. 5:80-26.4).
(h) 
With the exception of units established with capital funding through a 20-year operating contract with the Department of Human Services, Division of Developmental Disabilities, group homes, residential health care facilities, supportive shared living housing and permanent supportive housing shall have the appropriate controls on affordability in accordance with the Act. In the event that a supportive housing provider is unable to record or execute a long-term deed restriction, the units shall be subject to annual recertification by the Municipal Housing Liaison to confirm continued occupancy and compliance with this section.
(i) 
Objective standards shall be applied in the selection of tenants for supportive housing units and shall be designed to ensure that individuals are not excluded in an arbitrary or capricious manner.
(j) 
The following documentation shall be submitted by the sponsor to the municipality prior to marketing the completed units or facility:
[1] 
An Affirmative Marketing Plan in accordance with Subsection D(1) above; and
[2] 
If applicable, proof that the supportive and/or special needs housing is regulated by the New Jersey Department of Health and Senior Services, the New Jersey Department of Human Services or another state agency in accordance with the requirements of this section, which includes validation of the number of bedrooms or units in which low- or moderate-income occupants reside.
(k) 
The sponsor/owner shall complete annual monitoring as directed by the MHL.
[1]
Editor's Note: This ordinance also repealed former § 65-3, Provision of units off site.
[Added 4-22-2026 by Ord. No. J-25[1]]
This section governs the creation of new affordable housing units regardless of the means by which the units are created. Newly constructed units may include new residences constructed or created through other means.
A. 
The following requirements shall apply to all new or planned developments that contain very-low-, low- and moderate-income housing units. To the extent possible, details related to the adherence to the requirements below shall be outlined in the resolution granting municipal subdivision or site plan approval of the project to assist municipal representatives, developers and Administrative Agents.
B. 
Completion Schedule (previously known as phasing). Final site plan or subdivision approval shall be contingent upon the affordable housing development meeting the following completion schedule for very-low-, low- and moderate-income units whether developed in a single-phase development, or in a multi-phase development:
Maximum Percentage of Market Units Issued Certificates of Occupancy
Minimum Percentage of Low- and Moderate-Income Units Issued Certificates of Occupancy
25% + 1 unit
10%
50%
50%
75%
75%
90%
100%
Certificates of occupancy for the last 10% of the market units shall not be issued until certificates of occupancy have been issued for all of the required affordable units.
C. 
Design. The following design requirements apply to affordable housing developments, excluding prior round units:
(1) 
Design of 100% affordable developments:
(a) 
Restricted units must meet the minimum square footage required for the number of inhabitants for which the unit is marketed and the minimum square footage required for each bedroom, as set forth in the Neighborhood Preservation Balanced Housing rules at N.J.A.C. 5:43-2.4.
(b) 
Each bedroom in each restricted unit must have at least one window.
(c) 
Restricted units must include adequate air conditioning and heating.
(2) 
Design of developments comprising market-rate rental units and restricted rental units. The following does not apply to prior round units, unless stated otherwise.
(a) 
Restricted units must use the same building materials and architectural design elements (for example, plumbing, insulation, or siding) as market-rate units of the same unit type (for example, flat or townhome) within the same development, except that restricted units and market-rate units may use different interior finishes. This shall apply to prior round units.
(b) 
Restricted units and market-rate units within the same affordable development must be sited such that restricted units are not concentrated in less desirable locations.
(c) 
Restricted units may not be physically clustered so as to segregate restricted and market-rate units within the same development or within the same building, but must be interspersed throughout the development, except that age-restricted and supportive housing units may be physically clustered if the clustering facilitates the provision of on-site medical services or on-site social services. Prior round affordable units shall be integrated with market rate units to the extent feasible.
(d) 
Residents of restricted units must be offered the same access to communal amenities as residents of market-rate units within the same affordable development. Examples of communal amenities include, but are not limited to, community pools, fitness and recreation centers, playgrounds, common rooms and outdoor spaces, and building entrances and exits. This shall apply to prior round units.
(e) 
Restricted units must include adequate air conditioning and heating and must use the same type of cooling and heating sources as market-rate units of the same unit type. This shall apply to prior round units.
(f) 
Each bedroom in each restricted unit must have at least one window.
(g) 
Restricted units must be of the same unit type as market-rate units within the same building.
(h) 
Restricted units and bedrooms must be no less than 90% of the minimum size prescribed by the Neighborhood Preservation Balanced Housing rules at N.J.A.C. 5:43-2.4.
(3) 
Design of developments containing for-sale units, including those with a mix of rental and for-sale units. Restricted rental units shall meet the requirements of Subsection C(2)(b) above. Restricted sale units shall comply with the below:
(a) 
Restricted units must use the same building standards as market-rate units of the same unit type (for example, flat, townhome, or single-family home), except that restricted units and market-rate units may use different interior finishes. This shall apply to prior round units.
(b) 
Restricted units may be clustered, provided that the buildings or housing product types containing the restricted units are integrated throughout the development and are not concentrated in an undesirable location or in undesirable locations. Prior round affordable units shall be integrated with market-rate units to the extent feasible.
(c) 
Restricted units may be of different unit housing product types than market-rate units, provided that there is a restricted option available for each market-rate housing type. Developments containing market-rate duplexes, townhomes, and/or single-family homes shall offer restricted housing options that also include duplexes, townhomes, and/or single-family homes. Penthouses and higher priced end townhouses may be exempt from this requirement.
(d) 
Restricted units must meet the minimum square footage required for the number of inhabitants for which the unit is marketed and the minimum square footage required for each bedroom, as set forth in the Neighborhood Preservation Balanced Housing rules at N.J.A.C. 5:43-2.4.
(e) 
Penthouse and end units may be reserved for market-rate sale, provided that the overall number, value, and distribution of affordable units across the development is not negatively impacted by such reservation(s).
(f) 
Residents of restricted units must be offered the same access to communal amenities as residents of market-rate units within the same affordable development. Examples of communal amenities include, but are not limited to, community pools, fitness and recreation centers, playgrounds, common rooms and outdoor spaces, and building entrances and exits. This shall apply to prior round units.
(g) 
Each bedroom in each restricted unit must have at least one window.
(h) 
Restricted units must include adequate air conditioning and heating.
D. 
A schedule setting forth the phasing of the actual number of total units and affordable units, by income category and unit size, for each development shall be incorporated into the resolution of approval for any development subject to the provisions of this chapter.
E. 
Utilities.
(1) 
Low- and moderate-income units shall utilize the same type of cooling and heating source as market-rate units within the affordable development.
(2) 
Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance in accordance with N.J.A.C. 5:80-26.13(e).
F. 
Accessibility requirements.
(1) 
Any new construction shall be adaptable; however, elevators shall not be required in any building or within any dwelling unit for the purpose of compliance with this section. In buildings without elevator service, only ground floor dwelling units shall be required to be constructed to conform with the technical design standards of the Barrier Free Subcode. "Ground floor" means the first floor with a dwelling unit or portion of a dwelling unit, regardless of whether that floor is at grade. A building may have more than one ground floor.
(2) 
Notwithstanding the exemption for townhouse dwelling units in the Barrier Free Subcode, the first floor of all townhouse dwelling units and of all other multifloor dwelling units that are attached to at least one other dwelling unit shall be subject to the technical design standards of the Barrier Free Subcode and shall include the following features:
(a) 
An adaptable toilet and bathing facility on the first floor;
(b) 
An adaptable kitchen on the first floor;
(c) 
An interior accessible route of travel; however, an interior accessible route of travel shall not be required between stories;
(d) 
An adaptable room that can be used as a bedroom, with a door, or the casing for the installation of a door that is compliant with the Barrier Free Subcode, on the first floor;
(e) 
If not all of the foregoing requirements in Subsection F(2)(a) through (d) can be satisfied, then an interior accessible route of travel shall be provided between stories within an individual unit; and
(f) 
An accessible entranceway as set forth in P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that the municipality has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:
[1] 
Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.
[2] 
To this end, the builder of restricted units shall deposit funds within the Affordable Housing Trust Fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.
[3] 
The funds deposited shall be expended for the sole purpose of making the adaptable entrance of an affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
[4] 
The developer of the restricted units shall submit to the Construction Official a design plan and cost estimate for the conversion from adaptable to accessible entrances.
[5] 
Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meets the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Affordable Housing Trust Fund and earmarked appropriately.
(g) 
Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is "site-impracticable" to meet the requirements. If full compliance with this section would be site impracticable, compliance with this section for any portion of the dwelling shall be required to the extent that it is not site impracticable. Determinations of site impracticability shall comply with the Barrier Free Subcode at N.J.A.C. 5:23-7.
[1]
Editor's Note: This ordinance also repealed former § 65-4, Phasing.
[Amended 8-7-2019 by Ord. No. B-175; 12-3-2025 by Ord. No. B-837; 4-22-2026 by Ord. No. J-25]
Affordable housing units provided under this chapter shall comply with the standards of this section.
A. 
Occupancy standards.
(1) 
Occupancy standards for determining rents and sales prices. In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units other than assisted living facilities, the following standards shall be used:
(a) 
A studio shall be affordable to a one-person household;
(b) 
A one-bedroom unit shall be affordable to a one-and-one-half-person household;
(c) 
A two-bedroom unit shall be affordable to a three-person household;
(d) 
A three-bedroom unit shall be affordable to a four-and-one-half-person household; and
(e) 
A four-bedroom unit shall be affordable to a six-person household.
(2) 
Occupancy standards for determining rents in assisted living facilities. In determining the initial rents for compliance with the affordability average requirements for restricted units in assisted living facilities, the following standards shall be used:
(a) 
A studio shall be affordable to a one-person household;
(b) 
A one-bedroom unit shall be affordable to a one-and-one-half-person household; and
(c) 
A two-bedroom unit shall be affordable to a two-person household or to two one-person households.
B. 
Bedroom distribution of affordable housing units.
(1) 
The bedroom distributions of affordable units in non-age-restricted developments shall be structured, in conjunction with realistic market demands, such that:
(a) 
The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;
(b) 
At least 30% of all low- and moderate-income units shall be two-bedroom units;
(c) 
At least 20% of all low- and moderate-income units shall be three-bedroom units; and
(d) 
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
(2) 
Affordable developments that are age-restricted or supportive housing, except those supportive housing units whose sponsoring program determines the unit arrangements, shall be structured such that the number of bedrooms shall equal the number of age-restricted or supportive housing low- and moderate-income units within the inclusionary development. Supportive housing units whose sponsoring program determines the unit arrangement shall comply with all requirements of the sponsoring program. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit. In affordable housing developments with 20 or more restricted units that are age-restricted or supportive housing, two-bedroom units must comprise at least 5% of those restricted units.
C. 
Very low/low/moderate split.
(1) 
The affordable units shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit.
(2) 
In each affordable development, at least 50% of the restricted units within each bedroom distribution rounded up to the nearest whole number shall be very-low- or low-income units. If there is only one affordable unit, it must be a low-income unit.
(3) 
Within rental developments, of the total number of affordable rental units, at least 13%, rounded up to the nearest whole number, shall be affordable to very-low-income households. The very-low-income units shall be distributed between each bedroom count as proportionally as possible, to the nearest whole unit, to the total number of restricted units within each bedroom count, and counted as part of the required number of low-income units within the development.
D. 
Marketing of affordable housing units. Marketing of affordable housing units provided under this chapter shall be undertaken subject to the following provisions:
(1) 
Marketing shall take place in accordance with the provisions of a marketing plan, as provided herein.
(a) 
The City of Hoboken shall adopt, by resolution, an affirmative marketing plan, subject to approval of the Superior Court, compliant with N.J.A.C. 5:80-26.16, as may be amended and supplemented.
(b) 
The affirmative marketing plan shall recognize that the City of Hoboken is an urban aid municipality. The affirmative marketing plan shall contain a regional preference for all new units which are intended to satisfy the City's rehabilitation obligation. The affirmative marketing plan is a marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or family status, gender, affectional or sexual orientation, disability, age or number of children, to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The affirmative marketing plan is also intended to target those potentially eligible persons who are least likely to apply for affordable units. It is a continuing program that directs all marketing activities toward the City with regard to new construction which satisfies the rehabilitation obligation and covers the period of deed restriction.
(c) 
The affirmative marketing plan shall also have a residency preference for new units which are not a part of and exceed the rehabilitation obligation. The residency preference shall apply to individuals and families who were Hoboken residents at the time of application for inclusion on the wait list. This residency preference, however, must not result in an affirmative marketing plan which violates any federal or state statute by resulting in a discriminatory or disparate impact to minority groups. The City is required to re-evaluate this section at least every 10 years simultaneous with the re-examination of the municipal Master Plan by the City Planning Board pursuant to N.J.S.A. 40:55D-89.
(d) 
There shall also be a residency preference in the leasing and sale of affordable housing units which are not providing credits towards a rehabilitation obligation. The affordable housing waiting list maintained by the administrative agent or other appropriate municipal official shall further be required to prioritize residents of the City of Hoboken over nonresidents pursuant to the limitations expressed above.
(e) 
The administrative agent designated by the City of Hoboken shall assure the affirmative marketing of all affordable units developed pursuant to this chapter, consistent with the affirmative marketing plan for the municipality.
(f) 
In implementing the affirmative marketing plan, the administrative agent shall provide a list of housing counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
(g) 
The affirmative marketing process for available affordable units shall begin at least four months prior to the expected date of occupancy of the units.
(h) 
The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner, unless otherwise determined or agreed to by the City of Hoboken.
E. 
Regional income limits.
(1) 
Administrative Agents shall use the current regional income limits for the purpose of pricing affordable units and determining income eligibility of households.
(2) 
Regional income limits are based on regional median income, which is established by a regional weighted average of the "median family incomes" published by HUD. The procedure for computing the regional median income is detailed in N.J.A.C. 5:80-26.3.
(3) 
Updated regional income limits are effective as of the effective date of the regional Section 8 income limits for the year, as published by HUD, or 45 days after HUD publishes the regional Section 8 income limits for the year, whichever comes later. The new income limits may not be less than those of the previous year.
F. 
Maximum initial rents and sales prices.
(1) 
In establishing rents and sales prices of affordable housing units, the Administrative Agent shall follow the procedures set forth in UHAC, N.J.A.C. 5:80-26.4.
(2) 
The average rent for all restricted units within each affordable housing development shall be affordable to households earning no more than 52% of regional median income.
(3) 
The maximum rent for restricted rental units within each affordable housing development shall be affordable to households earning no more than 60% of regional median income. The maximum rent may be increased to no more than 70% of regional median income for moderate-income units within affordable developments where very-low-income units compose at least 13% of the restricted units; however, the number of units with rent affordable to households earning 70% of regional median income may not exceed the number of very-low-income units in excess of 13% (rounded up) of the restricted units.)
(4) 
The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units, provided that at least 13% of all low- and moderate-income rental units shall be affordable to households earning no more than 30% of median income. These very-low-income units shall be part of the low-income requirement, and very-low-income units should be distributed between each bedroom count as proportionally as possible, to the nearest whole unit, to the total number of restricted units within each bedroom count.
(5) 
The maximum sales price of restricted ownership units within each affordable housing development shall be affordable to households earning no more than 70% of median income, and each affordable housing development must achieve an affordability average that does not exceed 55% for all restricted ownership units. In achieving this affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type when the number of low- and moderate-income units permits.
(6) 
The master deeds and declarations of covenants and restrictions for affordable developments may not distinguish between restricted units and market-rate units in the calculation of any condominium or homeowner association fees and special assessments to be paid by low- and moderate-income purchasers and those to be paid by market-rate purchasers. Notwithstanding the foregoing sentence, condominium units subject to a municipal ordinance adopted before December 20, 2004, which ordinance provides for condominium or homeowner association fees and/or assessments different from those provided for in this subsection are governed by the ordinance.
(7) 
In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted family units, the following standards shall be met:
(a) 
A studio or efficiency unit shall be affordable to a one-person household;
(b) 
A one-bedroom unit shall be affordable to a one and one-half person household;
(c) 
A two-bedroom unit shall be affordable to a three-person household;
(d) 
A three-bedroom unit shall be affordable to a four and one-half person household; and
(e) 
A four-bedroom unit shall be affordable to a six-person household.
(8) 
In determining the initial rents and sales prices for compliance with the affordability average requirements for restricted units in assisted living facilities and age-restricted and special needs and supportive housing developments, the following standards shall be met:
(a) 
A studio or efficiency unit shall be affordable to a one-person household;
(b) 
A one-bedroom unit shall be affordable to a one and one-half person household; and
(c) 
A two-bedroom unit shall be affordable to a two-person household or to two one-person households. Where pricing is based on two one-person households, the developer shall provide a list of units so priced to the Municipal Housing Liaison and the Administrative Agent.
(9) 
The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Freddie Mac 30-Year Fixed Rate-Mortgage rate of interest), property taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 30% of the eligible monthly income of the appropriate size household as determined pursuant to N.J.A.C. 5:80-26.7, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.4, as may be amended and supplemented.
(10) 
The initial rent for a restricted rental unit shall be calculated so that the total monthly housing expense, including an allowance for tenant-paid utilities, does not exceed 30% of the gross monthly income of a household of the appropriate size whose income is targeted to the applicable percentage of median income for the unit, as determined pursuant to N.J.A.C. 5:80-26.3, as may be amended and supplemented. The rent shall also comply with the affordability average requirement of N.J.A.C. 5:80-26.4, as may be amended and supplemented. The initial rent for a restricted rental unit shall be calculated so the eligible monthly housing expenses/income, including an allowance for tenant-paid utilities, does not exceed 30% of gross income of and the appropriate household size as determined pursuant to N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(11) 
At the anniversary date of the tenancy of the certified household occupying a restricted rental unit, following proper notice provided to the occupant household pursuant to N.J.S.A. 2A:18-61.1f, the rent may be increased to an amount commensurate with the annual percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U), specifically U.S. Bureau of Labor Statistics Series CUUR0100SAH, titled "Housing in Northeast urban, all urban consumers, not seasonally adjusted." Rent increases for units constructed pursuant to Low-Income Housing Tax Credit regulations shall be indexed pursuant to the regulations governing Low-Income Housing Tax Credits.
[Amended 5-7-2025 by Ord. No. B-753; 4-22-2026 by Ord. No. J-25]
A. 
Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.6, as may be amended and supplemented, and each restricted ownership unit shall remain subject to the requirements of this chapter until the City of Hoboken elects to release the unit from such requirements. Prior to such an election, a restricted ownership unit must remain subject to the requirements of N.J.A.C. 5:80-26.1 et seq. and this chapter, as may be amended and supplemented, for a minimum of 40 years.
B. 
The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit. The date of commencement shall be identified in the deed restriction.
C. 
Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the administrative agent shall determine the restricted price for the unit and shall also determine the nonrestricted, fair market value of the unit based on either an appraisal or the unit's equalized assessed value without the restrictions in place.
D. 
At the time of the first sale of the unit, and upon each successive price-restricted sale, the purchaser shall execute and deliver to the administrative agent a recapture note obligating the purchaser (as well as the purchaser's heirs, successors and assigns) to repay, upon the first nonexempt sale after the unit's release from the requirements of this chapter, an amount equal to the difference between the unit's nonrestricted fair market value and its restricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.
E. 
The affordability controls set forth in this chapter shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.
F. 
All conveyances of restricted ownership units pursuant to this chapter shall be made by deeds and restrictive covenants substantially in the form prescribed in N.J.A.C. 5:80-26 appendices. The deed restriction shall have priority over all mortgages on the property. The deed restriction shall be filed by the developer or seller with the records, office of the County of Hudson. A copy of the filed document shall be provided to the administrative agent prior to the receipt of any certificate of occupancy.
G. 
A restricted ownership unit shall be required to obtain a continuing certificate of occupancy or a certified statement from the Construction Official stating that the unit meets all code standards upon the first transfer of title that follows the expiration of the applicable minimum control period provided under N.J.A.C. 5:80-26.1 et seq.
[Amended 8-7-2019 by Ord. No. B-175; 4-22-2026 by Ord. No. J-25]
Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1 et seq., as may be amended and supplemented, including:
A. 
The initial purchase price for a restricted ownership unit shall be approved by the administrative agent.
(1) 
The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70% of median income, and each affordable development must achieve an affordability average of 55% for restricted ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type.
B. 
The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the standards set forth in N.J.A.C. 5:80-26.7.
(1) 
If the resale occurs prior to the one-year anniversary of the date on which title to the unit was transferred to a certified household, the maximum resale price is the most recent non-exempt purchase price.
(2) 
If the resale occurs on or after such anniversary date, the maximum resale price is the most recent non-exempt purchase price increased to reflect the cumulative annual percentage increases to the regional median income, effective as of the same date as the regional median income calculated pursuant to N.J.A.C. 5:80-26.3.
C. 
The method used to determine the condominium association fee amounts and special assessments shall be indistinguishable between the low- and moderate-income unit owners and the market unit owners.
D. 
The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of capital improvements. Eligible capital improvements shall be:
(1) 
Those that render the unit suitable for a larger household or the addition of a bathroom.
(2) 
The maximum resale price may be further increased by an amount up to the cumulative dollar value of approved capital improvements made after the last non-exempt sale for improvements and/or upgrades to the unit, excluding capital improvements paid for by the entity favored on the recapture note and recapture lien described at N.J.A.C. 5:80-26.6(d);
E. 
Upon the resale of a restricted ownership unit, all items of property that are permanently affixed to the unit or were included when the unit was initially restricted (for example, refrigerator, range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be included in the maximum allowable resale price. Other items may be sold to the purchaser at a reasonable price that has been approved by the Administrative Agent at the time of the signing of the agreement to purchase but shall be separate and apart from any contract of sale for the underlying real estate. The purchase of central air conditioning installed subsequent to the initial sale of the unit and not included in the base price may be made a condition of the unit resale, provided the price of the air conditioning equipment, which shall be subject to 10-year, straight-line depreciation, has been approved by the Administrative Agent. Unless otherwise approved by the Administrative Agent, the purchase of any property other than central air conditioning shall not be made a condition of the unit resale. The seller and the purchaser must personally certify at the time of closing that no unapproved transfer of funds for the purpose of selling and receiving property has taken place at the time of or as a condition of resale.
[Amended 8-7-2019 by Ord. No. B-175; 4-22-2026 by Ord. No. J-25]
A. 
Buyer income eligibility for restrictive ownership units shall be in accordance with N.J.A.C. 5:80-26.17, as may be amended and supplemented. The income limit for a moderate-income unit for a household of four shall be 80% of the regional weighted average median income for a family of four. The income limit for a low-income unit for a household of four shall be 50% of the regional weighted average median income for a family of four. The income limit for a very-low-income unit for a household of four shall be 30% of the regional weighted average median income for a family of four. These income limits shall be adjusted by household size based on multipliers used by HUD to adjust median income by household size. In no event shall the income limits be less than those for the previous year.
B. 
Notwithstanding the foregoing, the Administrative Agent may, upon approval by the municipality, and subject to the Division's approval, permit a moderate-income purchaser to buy a low-income unit if and only if the Administrative Agent can demonstrate that there is an insufficient number of eligible low-income purchasers in the housing region to permit prompt occupancy of the unit and all other reasonable efforts to attract a low-income purchaser, including pricing and financing incentives, have failed. Any such low-income unit that is sold to a moderate-income household shall retain the required pricing and pricing restrictions for a low-income unit. Similarly, the Administrative Agent may permit low-income purchasers to buy very-low-income units in housing markets where, as determined by the Division, units are reserved for very-low-income purchasers, but there is an insufficient number of very-low-income purchasers to permit prompt occupancy of the units. In such instances, the purchased unit must be maintained as a very-low-income unit and sold at a very-low-income price point such that on the next resale the unit will still be affordable to very-low-income households and able to be purchased by a very-low-income household. A very-low-income unit that is seeking bonus credit pursuant to N.J.S.A. 52:27D-311k(9) must first be advertised exclusively as a very-low-income unit according to the Affirmative Marketing requirements at N.J.A.C. 5:80-26.16, then advertised as a very-low-income or low-income unit for at least 30 additional days prior to referring any low-income household to the unit.
C. 
A certified household that purchases a restricted ownership unit must occupy it as the certified household's principal residence and shall not lease the unit; provided, however, that the Administrative Agent may permit the owner of a restricted ownership unit, upon application and a showing of hardship, to lease the restricted unit to another certified household for a period not to exceed one year.
D. 
The Administrative Agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, property taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 35% of the household's eligible monthly income; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
(1) 
The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for housing expenses, and the proposed housing expenses will reduce its housing costs;
(2) 
The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for housing expenses in the past and has proven its ability to pay;
(3) 
The household is currently in substandard or overcrowded living conditions; or
(4) 
The household documents the existence of assets, within the asset limitation otherwise applicable, with which the household proposes to supplement the rent payments.
[Amended 4-22-2026 by Ord. No. J-25]
A. 
Prior to incurring any indebtedness to be secured by a restricted ownership unit, the administrative agent shall determine in writing that the proposed indebtedness complies with the provisions of this section, and the Administrative Agent shall issue such determination prior to the owner incurring such indebtedness.
B. 
With the exception of original purchase money mortgages, during a control period neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of that unit, as such price is determined by the administrative agent in accordance with N.J.A.C. 5:80-26.7(c).
[Amended 5-7-2025 by Ord. No. B-753; 4-22-2026 by Ord. No. J-25]
A. 
Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.12, as may be amended and supplemented, and each restricted rental unit shall remain subject to the requirements of this chapter until the City of Hoboken elects to release the unit from such requirements pursuant to action taken in compliance with N.J.A.C. 5:80-26.1, as may be amended and supplemented; and prior to such an election, a restricted rental unit must remain subject to the requirements of N.J.A.C. 5:80-26.1 et seq. and this chapter, as may be amended and supplemented, for minimum of 40 years.
B. 
Deeds of all real property that include restricted rental units shall contain deed restriction language substantially in the form set forth in N.J.A.C. 5:80-26 appendices. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the records office of the County of Hudson. A copy of the filed document shall be provided to the administrative agent prior to the receipt of any certificate of occupancy.
C. 
A restricted rental unit shall remain subject to the affordability controls of this chapter despite the occurrence of any of the following events:
(1) 
Sublease or assignment of the lease of the unit;
(2) 
Sale or other voluntary transfer of the ownership of the unit; or
(3) 
The entry and enforcement of any judgment of foreclosure.
(4) 
The end of the control period, until the occupant household vacates the unit, or is certified as over-income and the controls are released in accordance with UHAC.
[Amended 8-7-2019 by Ord. No. B-175; 4-22-2026 by Ord. No. J-25]
A. 
The initial rent for a restricted rental unit shall be set by the Administrative Agent.
B. 
A written lease shall be required for all restricted rental units, except for units in an assisted living residence, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be retained on file by the Administrative Agent.
C. 
No additional fees, operating costs, or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the Administrative Agent.
D. 
Operating costs, for the purposes of this section, include certificate of occupancy fees, move-in fees, move-out fees, mandatory internet fees, mandatory cable fees, mandatory utility submetering fees, and for developments with more than one and a half off-street parking spaces per unit, parking fees for one parking space per household.
E. 
Any fee structure that would remove or limit affordable unit occupant access to any amenities or services that are required or included for market-rate unit occupants is prohibited. Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit to be applied to the costs of administering the controls applicable to the unit as set forth in this chapter.
F. 
Fees for unit-specific, non-communal items that are charged to market-rate unit tenants on an optional basis, such as pet fees for tenants with pets, storage spaces, bicycle-share programs, or one-time rentals of party or media rooms, may also be charged to affordable unit tenants, if applicable.
G. 
Pet fees may not exceed $30 per month, and associated one-time payments for optional fees pertaining to pets, such as a pet cleaning fee, are prohibited.
H. 
Fees charged to affordable unit tenants for other optional, unit-specific, non-communal items shall not exceed the amounts charged to market-rate tenants.
I. 
For any prior round rental unit leased before December 20, 2024, elements of the existing fee structure that are consistent with prior rules, but inconsistent with N.J.A.C. 5:80-26.13(c)1, may continue until the occupant household's current lease term expires or that occupant household vacates the unit, whichever occurs later.
[Amended 4-22-2026 by Ord. No. J-25]
A. 
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.14, as may be amended and supplemented, and shall be determined as follows:
(1) 
Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of median income.
(2) 
Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income.
(3) 
Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income.
B. 
The administrative agent shall certify a household as eligible for a restricted rental unit when the household is a very-low-income household, a low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.17, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
(1) 
The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;
(2) 
The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;
(3) 
The household is currently in substandard or overcrowded living conditions;
(4) 
The household documents the existence of assets with which the household proposes to supplement the rent payments; or
(5) 
The household documents proposed third-party assistance from an outside source such as a family member in a form acceptable to the administrative agent and the owner of the unit.
C. 
The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection B(1) through (5) above with the administrative agent, who shall counsel the household on budgeting.
[Amended 5-3-2023 by Ord. No. B-558; 4-22-2026 by Ord. No. J-25]
A. 
The position of Municipal Housing Liaison (MHL) for the City of Hoboken is established by this chapter and shall be appointed through a resolution adopted by the City Council.
(1) 
The MHL must be either a full-time or part-time employee of the City of Hoboken.
(2) 
The MHL must comply with all affordable housing requirements set forth in UHAC and this chapter.
(3) 
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the City of Hoboken, including the following responsibilities which may not be contracted out to the administrative agent:
(a) 
Serving as the municipality's primary point of contact for all inquiries from the Affordable Housing Dispute Resolution Program, state, affordable housing providers, administrative agents and interested households;
(b) 
The implementation of the affirmative marketing plan and affordability controls;
(c) 
When applicable, supervising any contracting administrative agent;
(d) 
Monitoring the status of all restricted units in the City of Hoboken's Fair Share Plan;
(e) 
Compiling, verifying and submitting annual reports as required by the court and by this chapter;
(f) 
Coordinating meetings with affordable housing providers and administrative agents, as applicable; and
(g) 
Attending continuing education opportunities on affordability controls and compliance monitoring.
(h) 
Overseeing the recording of a preliminary instrument in the form set forth at N.J.A.C. 5:80-26.1 for each affordable housing development.
(i) 
Coordinating with the Administrative Agent, Municipal Attorney and Municipal Construction Code Official to ensure that permits are not issued unless the document required in Subsection A(3)(h) above has been duly recorded.
(j) 
Listing on the municipal website contact information for the MHL and Administrative Agents.
B. 
The City of Hoboken shall designate by resolution of the City Council one or more administrative agents to administer newly constructed or substantially rehabilitated affordable units in accordance with requirements of the FHA, N.J.A.C. 5:99-1 et seq. and UHAC.
C. 
An Operating Manual shall be prepared and provided by the Administrative Agent(s) to be adopted by resolution of the City Council. The Operating Manual(s) shall be available for public inspection in the office of the Municipal Clerk and in the office(s) of the Administrative Agent(s).
D. 
The Administrative Agent shall perform the duties and responsibilities of an Administrative Agent as are set forth in UHAC and which are described in full detail in the Operating Manual, which includes:
(1) 
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing.
(2) 
Affirmative marketing:
(a) 
Conducting an outreach process to affirmatively market affordable housing units in accordance with the Affirmative Marketing Plan of the municipality and the provisions of N.J.A.C. 5:80-26.16.
(b) 
Providing counseling, or contracting to provide counseling services, to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements; and landlord/tenant law.
(3) 
Household certification:
(a) 
Soliciting, scheduling, conducting and following up on interviews with interested households.
(b) 
Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit.
(c) 
Providing written notification to each applicant as to the determination of eligibility or non-eligibility within five days of the determination thereof.
(d) 
Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in the Appendices J and K of N.J.A.C. 5:80-26.1 et seq.
(e) 
Creating and maintaining a referral list of eligible applicant households living in the housing region, and eligible applicant households with members working in the housing region, where the units are located.
(f) 
Employing a random selection process as provided in the Affirmative Marketing Plan when referring households for certification to affordable units.
(4) 
Affordability controls:
(a) 
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for the recording at the time of conveyance of title of each restricted unit.
(b) 
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and filed properly with the County Register of Deeds or County Clerk's office after the termination of the affordability controls for each restricted unit in accordance with UHAC.
(c) 
Communicating with lenders and the Municipal Housing Liaison regarding foreclosures.
(d) 
Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.11.
(5) 
Records retention:
(a) 
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded recapture mortgage, and note, as appropriate.
(b) 
Records received, retained, retrieved, or transmitted in furtherance of crediting affordable units of a municipality constitute public records of the municipality as defined by N.J.S.A. 47:3-16, and are legal property of the municipality.
(6) 
Resale and rerental:
(a) 
Instituting and maintaining an effective means of communicating information between owners and the Administrative Agent regarding the availability of restricted units for resale or re-rental.
(b) 
Instituting and maintaining an effective means of communicating information to very-low-, low-, or moderate-income households regarding the availability of restricted units for resale or re-rental.
(7) 
Processing requests from unit owners; and:
(a) 
Reviewing and approving requests from owners of restricted units who wish to refinance or take out home equity loans during the term of their ownership to determine that the amount of indebtedness to be incurred will not violate the terms of this chapter.
(b) 
Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the depreciated cost of central air conditioning systems.
(c) 
Notifying the municipality of an owner's intent to sell a restricted unit.
(d) 
Making determinations on requests by owners of restricted units for hardship waivers.
(8) 
Enforcement, though the ultimate responsibility for retaining controls on the units rests with the municipality:
(a) 
Securing annually from the municipality a list of all affordable ownership units for which property tax bills are mailed to absentee owners, and notifying all such owners that they must either move back to their unit or sell it.
(b) 
Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the Administrative Agent.
(c) 
Sending annual mailings to all owners of affordable dwelling units reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.19(d)4.
(d) 
Establishing a program for diverting unlawful rent payments to the municipal Affordable Housing Trust Fund.
(e) 
Creating and publishing a written operating manual for each affordable housing program administered by the Administrative Agent setting forth procedures for administering the affordability controls.
(9) 
The Administrative Agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.
[Added 4-22-2026 by Ord. No. J-25[1]]
A. 
The owner of all developments containing affordable units subject to this chapter or the assigned management company thereof shall provide to the Administrative Agent:
(1) 
Site plan, architectural plan, or other plan that identifies the location of each affordable unit, if subject to the site plan approval, settlement agreement, or other applicable document regulating the location of affordable units. The Administrative Agent shall determine the location of affordable units if not set forth in the site plan approval, settlement agreement, or other applicable document.
(2) 
The total number of units in the project and the number of affordable units.
(3) 
The breakdown of the affordable units by or identification of affordable unit locations by bedroom count and income level, including street addresses/unit numbers, if subject to the site plan approval, settlement agreement, or other applicable document regulating the breakdown of affordable units. The Administrative Agent shall determine the bedroom and income distribution if not set forth in the site plan approval, settlement agreement, or other applicable document.
(4) 
Floor plans of all affordable units, including complete and accurate identification of all rooms and the dimensions thereof.
(5) 
A projected construction schedule.
(6) 
The location of any common areas and elevators.
(7) 
The name of the person who will be responsible for official contact with the Administrative Agent for the duration of the project, which must be updated if the contact changes.
B. 
In addition to § 65A-2 above, the owner of rental developments containing affordable rental units subject to this chapter or the assigned management company thereof shall:
(1) 
Send to all current tenants in all restricted rental units an annual mailing containing a notice as to the maximum permitted rent and a reminder of the requirement that the unit must remain their principal place of residence, which is defined as residing in the unit at least 260 days out of each calendar year, together with the telephone number, mailing address, and email address of the Administrative Agent to whom complaints of excess rent can be issued.
(2) 
Provide to the Administrative Agent a description of any applicable fees.
(3) 
Provide to the Administrative Agent a description of the types of utilities and which utilities will be included in the rent.
(4) 
Agree and ensure that the utility configuration established at the start of the rent-up process not be altered at any time throughout the restricted period.
(5) 
Provide to the Administrative Agent a proposed form of lease for any rental units.
(6) 
Ensure that the tenant selection criteria for the applicants for affordable units not be more restrictive that the tenant selection criteria for applicants for non-restricted units.
(7) 
Strive to maintain the continued occupancy of the affordable units during the entire restricted period.
C. 
In addition to § 65A-2, above, the owner of affordable for-sale developments containing affordable for-sale units subject to this chapter or the assigned management company thereof shall provide the Administrative Agent:
(1) 
Proposed pricing for all units, including any purchaser options and add-on items.
(2) 
Condominium or homeowner association fees and any other applicable fees.
(3) 
Estimated real property taxes.
(4) 
Sewer, water, trash disposal, and any other utility assessments.
(5) 
Flood insurance requirement, if applicable.
(6) 
The state-approved planned real estate development public offering statement and/or master deed, where applicable, as well as the full build-out budget.
[1]
Editor's Note: This ordinance also renumbered former §§ 65A-14 through 65A-19 as §§ 65A-15 through 65A-20, respectively.
A. 
Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.
B. 
After providing written notice of a violation to an owner, developer or tenant of a low- or moderate-income unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:
(1) 
The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the owner, developer or tenant is found by the court to have violated any provision of the regulations governing affordable housing units, the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the court:
(a) 
A fine of not more than $2,500 or imprisonment for a period not to exceed 90 days, or both. Each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense.
(b) 
In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the City of Hoboken Affordable Housing Trust Fund of the gross amount of rent illegally collected.
(c) 
In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the court.
(2) 
The municipality may file a court action in the Superior Court seeking a judgment, which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low- and moderate-income unit.
C. 
Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the low- and moderate-income unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorneys' fees. The violating owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.
D. 
The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for and to the extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality.
E. 
Foreclosure by the municipality due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.
F. 
If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the municipality may acquire title to the low- and moderate-income unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.
G. 
Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- and moderate-income unit as permitted by the regulations governing affordable housing units.
H. 
The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions governing affordable housing units until such time as title is conveyed from the owner.
All redevelopment plans providing for residential development, prepared and adopted or amended pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., after the effective date of this chapter, shall include inclusionary affordable housing development standards and requirements identical to the standards and requirements of this chapter.
This chapter shall take effect upon passage and publication as provided by law but shall not be applicable to applications for residential development pending before the Board of jurisdiction on the effective date of this chapter.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
The Affordable Housing Ordinance added to the City Code 5-18-1988 by Ord. No. P-6, §§ 196-68 through 196-81, is hereby repealed prospectively. It shall remain in full force and effect for all applications for residential development pending before the Board of jurisdiction on the effective date of this chapter seeking a use variance to allow residential development in a zoning district or redevelopment plan where such uses are not currently permitted or seeking an increase in residential density or floor area ratio (FAR). This chapter shall further remain applicable to all applications having received approval under its terms.
All ordinances or parts of ordinances inconsistent herewith are repealed as to such inconsistencies.