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Affordable Housing Requirements in Question at California Supreme Court

May 3, 2015

By Noah Arroyo : SanFranciscoPublicPress – excerpt

It soon may be even harder for city officials across California to get builders to produce affordable housing or even ask them to contribute to its production.

The state Supreme Court is deliberating whether the City of San Jose’s so-called inclusionary zoning legally forces developers to build or help pay for new affordable homes whenever they also build large market-rate projects. If the court strikes down San Jose’s law, that may invalidate similar laws in San Francisco and other cities, and it could keep municipalities from adopting new inclusionary programs.

“This case is going to have a really big impact on whether or not more inclusionary zoning happens,” Tim Iglesias, a University of San Francisco law professor, said on a recent episode of KQED’s Forum program. Iglesias co-wrote a friend-of-the-court brief in support of San Jose’s zoning.

The plaintiffs in the case, California Building Industry Association vs. San Jose, argue that San Jose’s law amounts to an unconstitutional “taking” of property. The city may legally require developers to mitigate only direct strains a project places on the surrounding environment and infrastructure, said attorney Anthony Francois during the Forum episode. Instead, San Jose is using the law to fulfill its own civic duty — to build affordable housing — with money taken from developers… (more)

One Comment leave one →
  1. May 3, 2015 1:56 pm

    Reblogged this on Grassroots Actions.


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