The California Supreme Court recently ruled that the state’s cities and counties can require developers to sell a percentage of the units they build at below-market rates as a condition of a building permit. Developers also could be given the option of paying into a low-cost housing fund.
Describing a shortage of affordable housing in the state as a crisis of “epic proportions,” the court ruled in favor of the City of San Jose in a challenge to an affordable housing ordinance passed five years ago. The law required developers building 20 or more housing units to offer 15% of them at below-market rates or pay into a city fund. Nearly 200 other cities and counties in the state have similar ordinances, according to the Los Angeles Times.
The state building industry sued the city to block it from enforcing the law. Developers contended it amounted to an unconstitutional taking of private property. According to the ruling, municipalities have “broad discretion to regulate the use of real property to serve the legitimate interests of the general public.”
The court’s decision is expected to encourage other cities to adopt similar programs now that legal uncertainty has been addressed. According to a recent legislative report, the average California home costs $440,000, about two and a half times the average national home price ($180,000).
Related Stories
Codes and Standards | Apr 27, 2017
Extensive list of plug load efficiency utility incentives available for free download
The Dept. of Energy resource is a state-by-state compilation with hundreds of listings.
Codes and Standards | Apr 26, 2017
Chicago commits to 100% renewable power for all city buildings
In doing so, it becomes largest U.S. city to make such a pledge.
Codes and Standards | Apr 25, 2017
Concerns over increased construction costs following Trump executive orders
‘Buy American’ requirement and revised H-1B visa restrictions could raise prices on supplies, labor.
Codes and Standards | Apr 24, 2017
‘Staggering delays, exorbitant costs’ in New York City library, cultural building construction
Study finds significant problems with how city manages capital projects.
Codes and Standards | Apr 20, 2017
California lawmakers have had little success in attracting sports stadiums
Only one of several attempts has had an impact in recent years.
Codes and Standards | Apr 19, 2017
Dept. of Energy releases updated versions of EnergyPlus and OpenStudio building energy modeling tools
The updated versions include full support for variable speed DX coils, enhanced plant auto-sizing, new fan model, and support for non-rectangular windows.
Codes and Standards | Apr 18, 2017
K-12 school daylighting initiative created to promote best practices
Eneref Institute creates networking group of school administrators for ideas to overcome market obstacles.
Codes and Standards | Apr 17, 2017
OSHA delays enforcing crystalline silica standard in construction industry
Enforcement will begin Sept. 23, three months later than planned.
Codes and Standards | Apr 13, 2017
Former OSHA official publishes safety citations on his own
Under Trump orders, agency had stopped issuing ‘shaming’ press releases on major fines and safety violations.
Codes and Standards | Apr 12, 2017
Trump infrastructure task force suggests arbitration to speed projects
Permitting process could be reduced from 10 years to 2 years under the proposal.