Hoboken council deadlocks on ordinance to cap non-rent-controlled increases at 10%

The Hoboken City Council on Dec. 18, 2024 failed to adopt Ordinance B725, a proposed amendment to Hoboken City Code chapter 158 that would have deemed citywide rent increases over 10% "unconscionable" for certain non-rent-controlled units. The measure, advanced by Councilman Paul Cantero, ended in a tie on the roll call and did not pass.

Supporters framed the change as a clarifying standard for judges and tenants facing steep rent spikes. Councilman Paul Cantero said the ordinance would give local courts “a number to point to” when assessing whether an increase shocks the conscience. "What we're trying to do here today is kind of give some clarity as to what would shock the conscience in Hoboken. And 10% is a fair number," Cantero said during the hearing.

The proposal drew sustained public comment and a lengthy council debate. Tenants and tenant advocates urged action after reporting year-over-year increases of 20%–30% in non-rent-controlled buildings. Councilman Kevin Cohen urged colleagues to consider the human cost of large increases, calling a 10% hike “a shocking rent hike for any family” and saying that a smaller increase could determine whether a household can remain in the city.

Opponents—principally landlords' representatives and some council members—warned the city could be vulnerable to legal challenge. Nicholas Kikiis of the New Jersey Apartment Association told the council that state law contains a broad new-construction exemption and prohibits municipalities from imposing rules that would impair that exemption. "The law essentially preempts and prohibits municipalities from governing the rent increases in newly constructed apartment buildings that are exempt under that law," he said.

Council members split on how to balance local housing concerns against the risk of litigation and the limits of municipal authority. Some council members urged pursuing a state-level change instead of a local ordinance. Councilman Ruben Ramos suggested coalition-building with other municipalities and lobbying the Legislature to define “unconscionable” at the state level.

Key provisions and how they were described to the council

- Scope: Sponsors said the draft would apply to non-rent-controlled units (those not covered by existing Hoboken rent-control rules) and, according to one council member, to buildings of 10 units or more. The ordinance would not create new municipal penalties but would provide a benchmark for judges reviewing private lawsuits alleging unconscionable increases.

- Exceptions: The draft would allow landlords to exceed 10% if they could show documented, material increases in legitimate operating expenses (for example, demonstrated increases in property-specific costs), or other financial burdens the ordinance recognized.

- Enforcement and remedies: Supporters described the change as preserving tenants' private right of action—tenants retain the ability to sue—and merely aiming to guide judicial assessment by offering a local benchmark.

Why the ordinance failed

The council called the vote after extended debate. The roll call produced a tie, 4–4, which left the ordinance short of the votes needed for adoption. Under council procedure, a tie vote fails. While proponents argued the city should take an assertive stance to curb large increases that push long-term residents out, opponents cited the risk of preemption under New Jersey law and the financial exposure of defending a municipal ordinance in court.

What proponents and opponents said they will do next

Proponents said they would continue to press the issue in Hoboken and encouraged the administration and council to explore alternative tactics, including clearer registration and oversight of units, enforcement of existing rent-control protections, and coalition-building with other municipalities to urge the Legislature to define "unconscionable" at the state level.

Opponents urged caution and recommended administrative measures such as asking landlords to justify increases, boosting enforcement of current rules, and avoiding immediate passage of a local standard that could invite costly litigation.

Votes at a glance (items from Dec. 18 agenda mentioned during the hearing)

- Ordinance B725 (amend Hoboken City Code ch. 158 to deem increases over 10% unconscionable): Failed (tie vote). Tally: Yes 4, No 4.

- Ordinance B726 (amend ch. 192-4a parking for persons with disabilities — add/remove reserved spaces): Adopted (council recorded aye votes; item advanced in the same meeting).

- Ordinance B727 (use initials instead of full names in certain public records): Adopted.

- CA11 (repair/replace water feature at the resiliency park — contract amendment ~ $903,000, ARPA-funded): Adopted; council debate focused on design, age of park features (park opened June 2023), and whether engineering oversight or warranty claims could have avoided the cost.

- Ordinance to expand table of organization in public safety (add positions to allow hiring additional officers): Adopted (council approved adding positions to enable hiring; sponsors said the change will allow recruitment and grant applications to proceed).

- T1 (amendment to curbside/curb-management study contract with Kimley-Horn, additional community engagement funds): Adopted after debate; council members both criticized and defended the expanded outreach budget and the vendor's deliverables.

Speakers (attributed in this article; first reference lists timecode from the meeting transcript)

- Councilman Paul Cantero, Hoboken City Council (first referenced 879.535) — government - Councilman Kevin Cohen, Hoboken City Council (first referenced 1716.7999) — government - Councilwoman Emily Fisher, Hoboken City Council (first referenced 59.665) — government - Councilwoman Vanessa Jabbour, Hoboken City Council (first referenced 3355.525) — government - Council President James Zano (referred to as Council President Zano in the transcript) (first referenced 50.385002) — government - Vice President (Acting) Anthony Doyle, Hoboken City Council (first referenced 57.905) — government - Councilman Manuel Rivera Soler (public speaker) (first referenced 1102.1799) — citizen - Rosemarie Markel (public speaker) (first referenced 1025.7051) — citizen - Nicholas Kikiis (spoke for the New Jersey Apartment Association) (first referenced 1239.97) — business/association representative - Patricia Waiters (public commenter) (first referenced 915.965) — citizen

Authorities cited in the hearing (as referenced on the record)

- Ordinance B725 (Hoboken City Code, chapter 158) — referenced by name as the local code provision the ordinance would amend; referenced_by: ["article_text","votes_at_a_glance"] - New-construction exemption under New Jersey law (referred to in public comment and by a landlord representative as a 1987 legislative provision preempting municipal rent limits on exempt new construction) — referenced_by: ["public_comment"] - State eviction/court standard (courts evaluate “unconscionable” on factors such as size of increase, landlord expenses/profitability, market comparables, bargaining power; referenced in council debate) — referenced_by: ["council_debate"]

Actions (formal motions / votes recorded in the transcript)

- {"kind":"other","identifiers":{"agenda_item_id":"B725"},"motion":"Adopt Ordinance B725 (amend ch. 158 to deem rent increases over 10% unconscionable).","mover":"not specified","second":"not specified","vote_record":[],"tally":{"yes":4,"no":4,"abstain":0},"legal_threshold":{"met":false,"notes":"Tie vote; ordinance failed adoption."},"outcome":"failed","notes":"Sponsors described exceptions for documented expense increases; no new municipal penalties in draft; private right of action preserved."}

- {"kind":"other","identifiers":{"agenda_item_id":"CA11"},"motion":"Authorize contract amendment for design/construction work to repair water feature at resiliency park (approx. $903,000).","mover":"not specified","second":"not specified","vote_record":[],"tally":{"yes":7,"no":1,"abstain":0},"legal_threshold":{"met":true},"outcome":"approved","notes":"Sponsors said repairs will be ARPA-funded; council questioned engineering oversight and short service life of feature."}

- {"kind":"other","identifiers":{"agenda_item_id":"O730"},"motion":"Amend table of organization to add public safety positions (enables hiring additional officers).","mover":"not specified","second":"not specified","vote_record":[],"tally":{"yes":9,"no":0,"abstain":0},"legal_threshold":{"met":true},"outcome":"approved","notes":"Sponsors said 10 additional officers was a starting point; recruitment and training timelines discussed."}

- {"kind":"other","identifiers":{"agenda_item_id":"T1"},"motion":"Amend Kimley-Horn curbside/curb-management contract for additional public engagement/project management funds (approx. $80,000).","mover":"not specified","second":"not specified","vote_record":[],"tally":{"yes":6,"no":2,"abstain":0},"legal_threshold":{"met":true},"outcome":"approved","notes":"Council members pushed for broader local outreach and additional stakeholder workshops; some members criticized scope creep and costs."}

Clarifying details extracted from the hearing

- "10%" — proposed threshold for deeming a non-rent-controlled increase "unconscionable." (source: sponsor remarks; Councilman Cantero) - Scope clarification — sponsors said measure targeted non-rent-controlled units and, as discussed on the record, would apply to larger rental properties (one council member said 10+ unit buildings). (source: council debate) - Enforcement approach — draft preserved tenants' private right of action; sponsors said the law would not create automated municipal penalties or a new enforcement bureaucracy. (source: sponsor remarks) - Church Square Park water feature: park opened June 2023; reported contract/park construction value referenced in the hearing as roughly $52 million for the overall project; corrective work estimate for the water feature was about $903,000 and would be funded through American Rescue Plan Act (ARPA) funds. (source: parks director and council Q&A) - Curbside/curb-management study (Kimley-Horn): contractor performed extensive curb mapping and a public survey (~1,000 responses). Council requested additional localized workshops to involve council members as stakeholders. (source: council debate and public comment)

Proper names mentioned in the article (normalized)

[{"name":"Hoboken City","type":"location"},{"name":"Hoboken City Council","type":"agency"},{"name":"Hoboken City Code chapter 158","type":"other"},{"name":"Hudson County Board of Elections","type":"agency"},{"name":"Marietta Chiesneski","type":"person"},{"name":"Robert Chiesneski","type":"person"},{"name":"New Jersey Apartment Association","type":"organization"},{"name":"Kimley‑Horn and Associates","type":"business"},{"name":"Church Square Park","type":"location"},{"name":"Tomco Construction","type":"business"}]

Community relevance

- Geographies: Hoboken (citywide), First Ward (examples in public comments), Church Square Park (Southwest Park area) - Impact groups: renters in non-rent-controlled buildings (particularly in larger buildings), low- and fixed-income households, landlords and apartment owners, tenants' advocacy groups - Funding sources mentioned: ARPA (American Rescue Plan Act) funds for park repairs

Meeting context

- Engagement level: Extensive public comment on B725 with multiple members of the public and representatives from housing and landlord groups; council debate spanned many agenda items and included extended Q&A on legal risk and enforcement approach. - Implementation risk: Sponsors acknowledged likely legal challenges under state law; opponents emphasized state preemption (new-construction exemption) and potential litigation costs for the city. - History: Council and the public have debated rent-control and affordability measures across several recent meetings; speakers pointed to prior votes and a recent public referendum showing strong support for rent-control protections within subject buildings.

Searchable tags

["renting","housing affordability","ordinance B725","rent control","Hoboken","tenant rights","public safety","Church Square Park","Kimley‑Horn","curb management"]

provenance:{"transcript_segments":[{"block_id":"b_879","local_start":0,"local_end":340,"evidence_excerpt":"a hearing on an ordinance to amend the Hoboken City Code at chapter 158 currently reserved for the title pro prohibition on unconscionable Today. Rent increase is to deem any increase over 10% unconscionable. Ordinance number 725.","reason_code":"topicintro"},{"block_id":"b_2840","local_start":0,"local_end":220,"evidence_excerpt":"Mister Cohn? Aye. Miss Fisher? No. Mister Javor? Yes. Mister Presidentano? No. Mister Quintero? Aye. Mister Ramos? Nope. Mister Russo? No. Aye. Present, vice president Doyle. Aye. The the ordinance fails adoption.","reason_code":"topicfinish"}]},