The California Supreme Court unanimously ruled Monday that cities have the right to require developers to make a portion of new units available as affordable housing.A stricter inclusionary housing ordinance could both create more affordable housing and discourage some of the more obscene high-density market-rate projects we've seen.
The court unanimously upheld a [law] that requires developers of 20 or more units to provide 15 percent of those units at below-market rates affordable to people with low and moderate incomes.
The court rejected a challenge by the California Building Industry Association, which argued that the measure amounted to an unconstitutional taking of property without just compensation. Cantil-Sakauye wrote for the court, “This condition does not require the developer to dedicate any portion of its property to the public or to pay any money to the public.
“Instead, like many other land use regulations, this condition simply places a restriction on the way the developer may use its property by limiting the price for which the developer may offer some of its units for sale,” the court said.
More than 170 California cities and counties have adopted similar laws, known as inclusionary housing ordinances, according to the court. The San Jose law was put on hold while the building association pursued its lawsuit.
Tuesday, June 16, 2015
Supreme Court slaps down BIA