Fair Share Housing Center has filed a suit charging the Zoning Board and Advance at Hoboken LLC, the developer of a planned 140-unit housing development at 1300 Willow St., with failing to comply with fair housing regulations.

The center, which was created in 1975 to ensure fair housing in New Jersey, filed suit challenging the approval and seeking compliance with Hoboken’s ordinance on housing for lower-income households.

The suit was filed in Hudson County Superior Court on July 6.

Fair Share Housing Center Associate Director Kevin Walsh said 10 percent of new housing in the city is required to be available for lower-income families, but the rule is not being enforced in new developments.

With a rooftop pool and 24-hour concierge service, the new luxury condominiums off Frank Sinatra Drive here seem an unlikely spot in need of a multimillion-dollar federal giveaway.

Yet U.S. taxpayers doled out at least $8 million on a public walkway and park space in front of the Maxwell Place development here overlooking the New York City skyline - an amenity the development touts alongside its entertainment lounge, rooftop hot tub and theater screening room.

But the decision to use tax dollars to fund the walkway project was made after private developers had already agreed in 2003 to pay for it - indeed, it was a key condition for getting the project off the ground, according to public records and interviews.

2nd Ward Councilwoman Beth Mason

Wednesday night, the council voted to approve a redevelopment study for the now-19 block area near the Burlington Coat Factory, where a subsidiary of the Rockefeller Group has been buying land. The area now under review by the Planning Board was expanded westward to the Palisade cliffs, including the land occupied by the Academy Bus Company.

If a city declares an area a redevelopment zone, the city can change the zoning, seek developers with plans that conform to the new guidelines, take over certain property by eminent domain if necessary, and possibly offer a tax abatement agreement.

Mason said, “If [Hoboken] stops building, it will die. It will die. You have to continue to grow to some extent. You cannot stop.”