Inclusionary Housing Ordinance

News & Analysis as of

Inclusionary Housing on the Run

Several recent legal developments have cast doubt on the ability of California cities to continue using favored tools to promote construction of “inclusionary” affordable housing units. Few would dispute that the state faces...more

San Jose Case Could Change the Way Cities, Counties Adopt and Enforce Affordable Housing Ordinances

BB&K Attorney Christopher Diaz Examines the Issues Raised by the California Case - Although the housing bubble may have burst a few years back, there is still one region in California where housing prices remained red...more

California Supreme Court Makes It Easier To Challenge Local Affordable Housing Requirements

Under the Mitigation Fee Act, when a city imposes a fee, dedication, reservation or other exaction on a development project, the developer has the right to pay under protest, obtain the necessary project approvals and proceed...more

Mitigation Fee Act Applies to Developer’s Challenge of City’s Affordable Housing Set Aside Requirements

As required under its “inclusionary housing” ordinance, Palo Alto required a developer to set aside 10 condominium units as below market rate housing and make a cash payment to the City as a condition of obtaining a tentative...more

California Supreme Court Holds Mitigation Fee Act Applies to Inclusionary Housing

Yesterday, the California Supreme Court decided one of two pending cases dealing with inclusionary housing, holding that when a public agency requires a developer to convey units at below market rates and make substantial...more

An End to Inclusionary Housing Requirements

The California Supreme Court has agreed to review the legality of a city’s inclusionary housing ordinance (IHO). At issue is the IHO adopted by San Jose. The IHO applies to new developments of 20 or more residential...more

Inclusionary Housing Units Must Be Counted Toward State Density Bonus Requirements in California - Appellate Court Issues Ruling...

A California appellate court recently held that cities and counties must count affordable housing units developed pursuant to local inclusionary requirements toward satisfying density bonus standards set forth in state law. ...more

Court of Appeal Upholds San Jose Inclusionary Housing Ordinance as Legitimate Exercise of Local Police Power

In a recent decision, California's Sixth District Court of Appeal reversed a trial court order and upheld the City of San Jose's Inclusionary Housing Ordinance as a legitimate exercise of the local police power. California...more

Appellate Court Ruling Significantly Increases the Likelihood of New Affordable Housing Requirements in California

In California Building Industry Association v. City of San Jose, 2013 Cal. App. LEXIS 447, 2013 WL 2449204 (Cal. App. 6th Dist. June 6, 2013), a California appellate court upheld an inclusionary housing ordinance ("IHO")...more

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