News & Analysis as of

Inclusionary Housing Ordinance Real Estate Development

Ballard Spahr LLP

New Inclusionary Housing Mandates for Baltimore City

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Summary - The Baltimore City Council has passed a new inclusionary housing law which will require most new multifamily, market-rate projects to make at least 10% of their units available to households with limited incomes,...more

Coblentz Patch Duffy & Bass

San Francisco’s “Housing Fee Reform Plan” Passes at Board of Supervisors, Awaits Mayor’s Signature

On September 5, the San Francisco Board of Supervisors finally passed on second reading two pieces of legislation, together referred to as the “Housing Fee Reform Plan.” The Plan, previously discussed on July 7, July 21, and...more

Coblentz Patch Duffy & Bass

San Francisco Housing Fee Reform Plan Passes at Board of Supervisors

On July 25, the Board of Supervisors passed on first reading the “Housing Fee Reform Plan” legislation. The Board is expected to hold a second reading and finally pass the legislation in September after returning from summer...more

Coblentz Patch Duffy & Bass

San Francisco Inclusionary Housing and Development Impact Fee Reform Legislation Nears Passage at Board of Supervisors

The “Housing Fee Reform Plan” legislation, which we reported on previously, is heading back to the Board of Supervisors next week. On Monday, July 24, the Board’s Land Use and Transportation Committee will consider the two...more

Venable LLP

DC Zoning Commission Dismisses Proposed Text Amendment to Add Inclusionary Zoning to Downtown Zones

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As DC continues to explore ways to incentivize office-to-residential conversions and revitalize downtown, the Zoning Commission recently dismissed a pending text amendment that would have removed the exemption for...more

Holland & Knight LLP

D.C. Office of Planning Recommends Not Moving Forward with Inclusionary Zoning Amendment

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The Office of the Attorney General for the District of Columbia (OAG) filed a petition in December 2021 to amend Subtitle I of the Zoning Regulations to apply the Inclusionary Zoning (IZ) program to currently exempt Downtown...more

Coblentz Patch Duffy & Bass

Mayor Breed Issues Executive Directive to Address City’s Housing Crisis

In an Executive Directive dated February 7, 2023, Mayor London Breed declared that “San Francisco needs to fundamentally change how we approve and build housing.” The Directive, titled “Housing For All,” comes on the heels of...more

Stikeman Elliott LLP

Ontario’s Housing Affordability Task Force Urges Major Reforms to Approvals Process for Residential Development

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On February 8, 2022, the Housing Affordability Task Force reported to the Government of Ontario on the state of the housing market in Ontario. Its 33-page Report makes 55 recommendations intended to remove impediments to the...more

Goulston & Storrs PC

D.C. Zoning Commission Responds to Two of Attorney General’s Inclusionary Zoning Proposals

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On December 2, 2021, the Office of the Attorney General for the District of Columbia (OAG), filed four petitions with the Zoning Commission (ZC) to amend the Zoning Regulations as an effort to increase the supply of...more

Cozen O'Connor

Broad Street Brief: Councilmembers Quiñones-Sánchez and Gauthier Look to Reform Affordable Housing Requirements. Councilmember...

Cozen O'Connor on

CITY HALL - Councilmembers Quiñones-Sánchez and Gauthier Look to Reform Affordable Housing Requirements - New legislation proposed by Councilmembers Maria Quiñones-Sánchez and Jamie Gauthier is taking aim at how the city...more

Goulston & Storrs PC

Office of Planning Introduces Phase 2 of IZ Xl to Apply to Non-Residential Conversions

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The Office of Planning (“OP”) has introduced its second phase of proposed amendments to the Inclusionary Zoning (“IZ”) regulations intended to increase the applicability of IZ (“IZ XL”). Phase 2 of IZ XL, known as Z.C. Case...more

Goulston & Storrs PC

Office of Planning Introduces First Phase of Amendments to Increase Inclusionary Zoning

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On January 18, 2021, the Office of Planning (“OP”) introduced its first set of proposed amendments to the Inclusionary Zoning (“IZ”) Regulations to increase inclusionary housing requirements, known as “IZ XL.”...more

Holland & Knight LLP

D.C. Office of Planning Reveals "IZ XL" Program for More Inclusionary Housing Opportunities

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The District of Columbia Office of Planning (OP) recently issued a status report in response to a request by the Zoning Commission (Commission) to review the existing Inclusionary Zoning (IZ) program and provide...more

Goulston & Storrs PC

BPDA Approves Fair Housing Zoning Amendment

Goulston & Storrs PC on

The Boston Planning and Development Agency (“BPDA”) has approved an amendment to the Boston Zoning Code that would require developers of large residential projects to create inclusive housing opportunities....more

Holland & Knight LLP

D.C. Office of Planning Recommends Public Hearing for Expanded Inclusionary Zoning

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The District of Columbia Office of Planning (OP) on Sept. 4, 2020, filed a Set Down and Prehearing Report recommending that the Zoning Commission set down Z.C. Case No. 20-02 for a public hearing. Z.C. Case No. 20-02 proposes...more

Coblentz Patch Duffy & Bass

San Francisco Board of Supervisors to Consider Inclusionary Fees for State Density Bonus Units

In the spring of 2017, the San Francisco Board of Supervisors approved a major overhaul of the City’s inclusionary housing fee provisions. ...more

Best Best & Krieger LLP

The Revolution That Wasn’t: Us Supreme Court Refuses to Hear California Court of Appeal Case Upholding Inclusionary Zoning in West...

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Against the backdrop of a deepening affordable housing crisis in California, the U.S. Supreme Court recently declined to review a decision of the California Court of Appeal upholding the City of West Hollywood’s inclusionary...more

Kramer Levin Naftalis & Frankel LLP

Conforming the 421-a and MIH Programs

Many of our clients have asked us how they can avail themselves of the state’s revamped 421-a tax exemption program — the Affordable New York Housing Program — on a project that is also subject to the city’s Mandatory...more

Holland & Knight LLP

California "In Lieu" Affordable Housing Fees Withstand Constitutional Challenge - U.S. Supreme Court Denies Petition to Review...

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The U.S. Supreme Court on Oct. 30, 2017, denied a petition for certiorari filed by the developers of an 11-unit residential condominium project in the City of West Hollywood seeking to challenge the application by the City of...more

Best Best & Krieger LLP

The Governor’s Housing Package - Affordable Housing Production in California Gets a Boost from Sacramento

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A package of 15 new housing bills will have far-reaching implications for every city in California. Collectively, these new laws are meant to significantly boost affordable housing production by removing local land use...more

Perkins Coie

State Authorizes Rental Inclusionary Housing Requirements

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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

Perkins Coie

Governor Signs Housing Legislation, Including Streamlining Bill

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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

Coblentz Patch Duffy & Bass

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

Coblentz Patch Duffy & Bass

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

Latham & Watkins LLP

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

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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

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