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Lavarro Presses for Changes to Inclusionary Zoning Ordinance

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Councilman-at-Large Rolando Lavarro will offer amendments to the administration’s inclusionary zoning ordinance (IZO) on for a second reading at Wednesday’s City Council meeting. In a press release today, Lavarro excoriated the mayor’s proposed ordinance as “comically weak.”  He asserted that it “would accelerate gentrification rather than seriously address Jersey City’s affordable housing crisis.”

The proposed amendments are:

  • Triple the required affordable housing to be built in downtown Jersey City to a mandatory onsite 15%. At least double the amount required in other “hot” real estate markets across the City to 10% mandatory onsite.
  • Close the “waiver” loophole, requiring Jersey City to follow the ordinance for all future developments. No more waivers.
  • Close the “parking deck” loophole, preventing developers from getting out of their affordable housing requirement by building a parking garage and other so-called “community benefits.”
  • Extend to 45 years the required length of affordability for an affordable unit up from 30 years.
  • Require developers to pay down to the last cent, by requiring a payment in lieu for “rounding” calculations. For example, when the inclusionary zoning formula requires a developer to build 25.4 affordable homes, the developer must pay for the “.4” in addition to building the 25 homes.

Lavarro found himself stymied at the last council meeting when Council-President Joyce Watterman forced members to vote on the amendments as a group rather than individually. The amendments went down to defeat. However, several members abstained and seemed to leave the door open to supporting at least some of Lavarro’s ideas.

Local social justice advocates have come out in force to support Lavarro.  Watterman and others have argued that the ordinance will be a work in progress, amenable to change in the future.

The next meeting of the Municipal Council will take place on October 21 at 6 p.m.

Inclusionary Zoning Takes Center Stage at Council Meeting

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“We’re not selling out…there are people who call my office every day to tell me that they need affordable housing…we have to put something on the table to give it a try.”  With those words, Municipal Council President Joyce Watterman put the kibosh on amendments to an inclusionary zoning ordinance (IZO) offered by Councilman-at-Large Rolando Lavarro at last Wednesday’s council meeting.

But despite Watterman’s display of control, the meeting was dominated by Lavarro, who used up the lion’s share of the evening attempting to amend the IZO and questioning the city’s use of proceeds from the issuance of bonds.

The IZO, announced last week jointly by Watterman and Mayor Steven Fulop, would require residential developers with projects over a certain size to make 20% of the units affordable. Before Watterman’s “no” vote, Lavarro painstakingly laid out his proposed changes to it.

The ordinance “has too much flexibility and too many avenues out,” said Lavarro.

Lavarro pointed out that the ordinance would allow a developer to avoid building affordable housing as part of its project if it built affordable units off site, contributed to an affordable housing fund or built public parking garages or government offices. Lavarro argued that these “community benefits” should be limited to public schools, public recreational facilities and public transportation.

He objected to a provision that would let the City Council waive enforcement of the affordable housing requirement. “The purpose [of eliminating the waiver] is to tie our hands and future councils’ hands…[the provision] entirely defeats the purpose of having an ordinance in the first place.”

From the beginning though, Watterman stymied Lavarro’s efforts, ruling that his amendments needed to be voted on as a group rather than one by one as Lavarro had proposed. Deprived of the ability to vote on individual amendments, three councilmembers, Denise Ridley, Mira Prinz-Arey and Richard Boggiano, abstained. Jermaine Robinson, Yousef Saleh and Daniel Rivera joined Watterman as “no” votes.  Councilman Solomon joined Lavarro by voting in favor of the amendments. Lavarro promised to offer his amendments again at the council’s next meeting.  Thus, Lavarro’s amendments went down to defeat.

Lavarro wasn’t finished playing interlocutor. On a vote to issue $31 million  in bonds to fund capital improvements, he asked for explanations. Lavarro said that he was opposed to any expenditure on a museum slated for the city-owned “Pathside” building at Journal Square if the project lacked a business plan. “We should have an idea whether this is going to be a self-sustaining program,” he said.  Similarly, Lavarro objected to spending money on new city vehicles without having a vehicle inventory system.  “We are winging it,” said Lavarro.  Notwithstanding Lavarro’s objections, the council authorized the bond issuance 8–1.

If Lavarro was in the minority on the council, he had the overwhelming support of the public speakers. Ward F resident Dana Patton expressed the views of many. “There’s too much wiggle room here for developers and the council to give up on the affordable requirement. There’s not enough to protect the most vulnerable in our community.”

The next meeting of the Municipal Council will take place on October 21 at 6 p.m.