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Wednesday, September 9, 2015

FAIR SHARE HOUSING CENTER, INC., VS. THE ZONING BOARD OF THE CITY OF HOBOKEN, ET AL A-1535-12T2/ A-1537-12

FAIR SHARE HOUSING CENTER, INC., VS. THE ZONING BOARD OF THE CITY OF HOBOKEN, ET AL 
A-1535-12T2/ A-1537-12T2/ A-1538-12T2/ A-1731-12T2/ A-1732-12T2 (CONSOLIDATED) 
These are five consolidated appeals filed to determine the enforceability of an affordable housing ordinance adopted by the City of Hoboken. The trial court held the ordinance was unenforceable, invalidated the zoning approval conditions imposed by the Zoning Board of Adjustment, relieved the developers from their obligation to provide affordable housing, and enjoined the City from imposing any requirement to construct affordable housing units and/or collect any monetary contribution related to affordable housing. 
We now reverse the trial court's order invalidating the City's affordable housing ordinance. We hold the trial court erred in invalidating the zoning approval conditions related to compliance with the ordinance's provisions as to all of the developers named as defendants by plaintiff Fair Share Housing Center and remand for the trial court to adjudicate the remaining legal issues raised by the parties.