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
Wood | Apr 8, 2016
New LEED Pilot ACP designed to help eliminate irresponsibly sourced materials
Illegal wood is primary target to restrict illicit material in the supply chain.
Lighting | Apr 5, 2016
Lighting requirements for high-rise dwellings proposed for energy standard
The requirements would effectively eliminate incandescent and halogen bulbs.
Steel Buildings | Apr 4, 2016
AISI publishes Cold-Formed Steel Framing Design Guide, 2016 Edition
Updates 2007 edition; includes five comprehensive design examples.
Data Centers | Apr 1, 2016
ASHRAE releases publication on the impact of IT equipment on data center design
The book offers advice for designing structures in the fast-changing data center industry.
Codes and Standards | Mar 28, 2016
Occupant egress simulations that impact codes fall short, researchers say
Building evacuations in emergencies are too dangerous as a result.
School Construction | Mar 28, 2016
National report on school buildings reports $46 billion annual funding shortfall
Millions of students said to be learning in obsolete facilities.
Codes and Standards | Mar 25, 2016
ASHRAE grants fund human thermal comfort database project
Aim is to help better understand thermal comfort in residential and commercial buildings.
Codes and Standards | Mar 25, 2016
OSHA finalizes new silica dust regulations
Construction industry has until June 2017 to comply.
Wood | Mar 23, 2016
APA updates Engineered Wood Construction Guide
Provides recommendations on engineered wood construction systems.
Codes and Standards | Mar 23, 2016
Affordable housing advocates differ on micro-apartment policy
New York’s luxury micro units could be first step to developing affordable units.