News & Analysis as of

Inclusionary Housing Ordinance

State Authorizes Rental Inclusionary Housing Requirements

by Perkins Coie on

One of the 15 housing-related bills signed recently by Governor Brown could have especially significant implications for market-rate, residential rental projects in many jurisdictions, as the new legislation, AB 1505, will...more

No Boundaries: The Erosion of Private Property Rights by Judicial Deference to Regulatory Overreach

by Miller Starr Regalia on

A fundamental precept of American law is the authority of the government, in the exercise of the police power for the protection of the health, safety, and welfare of the public, to regulate the conduct of individuals in the...more

Governor Signs Housing Legislation, Including Streamlining Bill

by Perkins Coie on

Governor Brown has signed 15 bills designed to address the State’s severe shortage of affordable housing. Among its other effects, the legislation will (1) generate funds for affordable housing developments; (2) require...more

Compromise Inclusionary Legislation Set for Final Approval

Barring any last-minute surprises, the Board of Supervisors will finally adopt compromise inclusionary housing legislation on July 18th that would, as shown in our summary comparison chart, make many major changes to the...more

What You Need to Know About San Francisco’s Inclusionary Affordable Housing Program

On July 11, 2017, the San Francisco Board of Supervisors finally voted to adopt sweeping (and complex) changes to the City’s Inclusionary Affordable Housing program.....more

Board of Supervisors to Consider Compromise Inclusionary Housing Legislation

On June 5, the Land Use and Transportation Committee of the Board of Supervisors will consider compromise inclusionary housing legislation. As shown in our summary comparison chart, the legislation would generally retain...more

Ting Density Bonus Legislation Now Limited to San Francisco

As reported in our prior blog post, Assemblymember Phil Ting (D – San Francisco) introduced amendments to the State Density Bonus law (AB 915) that would specifically require all local jurisdictions to impose their local...more

Wading Through the Flood of New Housing Legislation

Having trouble keeping up with the seemingly endless torrent of new housing laws? You are not alone. Here is our summary of the key pending State and San Francisco legislation aimed at increasing housing/affordable housing...more

Ting Legislation Seeks to Pave the Way for Fees on Density Bonus Units

Assembly member Phil Ting (D – San Francisco) introduced new amendments to the State Density Bonus law on March 15, 2017 that would specifically require local jurisdictions to impose their local inclusionary housing...more

Competing Inclusionary Housing Proposals Introduced at the Board of Supervisors

Is the City another step closer to sorting out inclusionary housing requirements and implementation of Proposition C? Board of Supervisors members have introduced two competing ordinances that seek to call the question...more

Mandatory inclusionary zoning in Ontario: But what does it change?

by Dentons on

In June 2016, we provided an overview of the Province’s proposed inclusionary zoning legislation titled "Will Ontario green light mandatory inclusionary zoning?" ...more

City of Los Angeles Proposes Linkage Fee Ordinance to Fund Affordable Housing

by Latham & Watkins LLP on

City Planning Commission recommends adopting new affordable housing linkage fee ordinance affecting new development, project budgets and property owners. A number of new fees, taxes and restrictions on development have...more

Inclusionary Housing Recommendations a Mixed Bag for Developers

The City is one step closer to sorting out inclusionary housing requirements and local implementation of the State Density Bonus law now that the City Controller has released its final recommendations to the Board of...more

Proposed Rule Changes to Florida’s Affordable Housing Allocation and Funding Process

by Carlton Fields on

The Florida Housing Finance Corporation (“Florida Housing”) has proposed changes to its rules governing the affordable housing allocation and funding process. The changes are to Rule Chapters 67-21, 67-48, and 67-60, F.A.C....more

Will Ontario green light mandatory inclusionary zoning?

by Dentons on

An overview of the proposed legislation - From the beginning of its term, part of this Liberal government’s mandate has been to improve access to affordable housing. On May 18, 2016, Bill 204, the Promoting Affordable...more

Land Use Matters: Alston & Bird LLP, April 2016

by Alston & Bird on

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please...more

U.S. Supreme Court Denies Review of California Supreme Court Decision Upholding San Jose Inclusionary Housing Ordinance

by Miller Starr Regalia on

February 29, 2016 was a notable leap year day for the United States Supreme Court. To the surprise of most in the courtroom that day, Justice Clarence Thomas asked his first question from the bench in more than 10 years. The...more

Supreme Court Denies Certiorari in Challenge to San Jose’s Inclusionary Housing Ordinance; Justice Thomas Suggests The Issue is...

On February 29, 2016, the Supreme Court of the United States denied the California Building Industry’s petition for writ of certiorari seeking review of the decision of the California Supreme Court in California Building...more

Mayor Walsh Updates Boston's Affordable Housing Policy

by Goulston & Storrs PC on

We previously advised that the Walsh administration’s housing plan included an initiative to change Boston’s Inclusionary Development Policy (IDP). In December of 2015, after nearly a year of study and outreach, Mayor Walsh...more

New report offers toolkit for inclusionary housing programs

by Ballard Spahr LLP on

The Lincoln Institute of Land Policy recently released “Inclusionary Housing: Creating and Maintaining Equitable Communities,” a new report on the use of government policies that tie the creation of affordable housing to...more

A Busy Summer for Environmental and Land Use Law

by Shipman & Goodwin LLP on

In the past three months, we have witnessed a breathtaking series of decisions from the U.S. Supreme Court, the Connecticut Supreme Court, and the California Supreme Court that have provided important rulings and...more

Anti-Discrimination Housing Laws Tackled by U.S. Supreme Court

by Best Best & Krieger LLP on

Public Agencies May Face Litigation, but Court-Imposed Safeguards to Limit Liability - Having taken up the question twice before only to see both cases settle, the United States Supreme Court recently concluded that...more

California Supreme Court Upholds San Jose’s Inclusionary Housing Ordinance

In California Building Industry Association v. City of San Jose (Case No. S212072, filed June 15, 2015), the California Supreme Court upheld an inclusionary housing ordinance imposing affordable housing requirements as a...more

California's Highest Court Upholds San Jose's Affordable Housing Ordinance

by Best Best & Krieger LLP on

Requirement to construct or provide affordable housing is permissible under California Constitution police powers - This week, in a long awaited decision, California Building Industry Association v. City of San Jose,...more

California Supreme Court Paves the Way for Ownership Inclusionary Housing - Many Developers Maintain That the Costs Associated...

by Holland & Knight LLP on

In a highly anticipated case affecting residential development throughout California, the California Supreme Court unanimously rejected the California Building Industry Association’s (CBIA) challenge to the City of San Jose’s...more

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